Abernathy v. State

SHEPARD, Chief Justice.

Appellant Richard Lee Abernathy was tried before a jury and convicted of rape, Ind.Code § 35-42-4-l(a)(1) (Burns 1987 Repl.), criminal deviate conduct, Ind.Code § 85-42-4-2(1) (Burns 1987 Repl.), and two counts of child molesting, Ind.Code § 85-42-4-8(c) (Burns 1987 Repl). All of the convictions were class A felonies, and the trial court sentenced Abernathy to concurrent terms of thirty-five years on each count.

Although Abernathy asserts several grounds for reversal in this direct appeal, we address a single issue: whether the judge's intervention and comments during…