State v. Keaton

STARCHER, J.:

In April of 2003 the appellant, Housein B. Keaton, was convicted of malicious wounding in the Circuit Court of Kanawha County. He appeals his conviction, asserting that a comment made by the trial judge when speaking with a juror, just before the jury began its deliberations, created such a possibility of unfair prejudice against the appellant by one or more jurors that the appellant’s conviction may not stand. We reverse the appellant’s conviction and remand the ease for a new trial.

I

Facts & Background

The appellant’s trial began on a Monday. The trial judge, with the consent of…