C.W. v. State

C.W.’s conviction and sentence are affirmed.

We find no error or abuse of discretion in the trial judge’s denial of a motion to recuse based on his reading the probable cause affidavit containing hearsay statements. It is undisputed that the judge, before the bench trial, reviewed the probable cause affidavit prepared by the arresting officer. The record contains certain statements by the court indicating that it was the judge’s practice to review files before conducting juvenile hearings.

When a trial judge, sitting as the trier of fact, erroneously admits evidence, the judge is presumed to…