Fournier v. State

OPINION

SUMMERS, Judge.

The petitioner, Michael A. Fournier, was tried in the general sessions court for Mar*768shall County on a warrant charging him with driving under the influence (fifth offense).1 Following the proof, the judge took the case under advisement. Two weeks later, the judge announced that he had found the petitioner guilty of DUI. Petitioner’s counsel was shocked because he had had ex parte communications with the judge and thought the judge was going to find the petitioner not guilty. Counsel approached the bench and reminded the judge of his earlier statement. The judge agreed to…