Poe v. State

Brian Fitzgerald Poe appeals from his judgment and sentence for aggravated battery with a firearm1 and possession of a firearm by a convicted felon.2 Poe was sentenced as a habitual felony offender to two concurrent 25 year prison terms.3 Poe argues that the trial court departed from being a neutral and impartial magistrate by repeatedly interrupting defense counsel, by intensively questioning witnesses and by interjecting itself into the proceedings. We agree with Poe that the court’s behavior deprived him of a fair trial and reverse his convictions and sentences.4

FACTS

The testimony at trial…