Moore v. State

I dissent. The sole issue before this court is whether the trial judge’s conduct, when he questioned the primary witness for the defense, amounted to fundamental error requiring reversal despite appellant’s failure to object. I would hold that it did.

The testimony of Ms. Thompson directly contradicted that of the arresting officers in several crucial ways and, if believed by the jury, would have cast reasonable doubt on the State’s case against appellant. Appellant argues that the trial judge took an adversarial position in his questioning of the defense witness and wrongfully influenced the…