Hewitt v. State

Hewitt filed this appeal challenging the trial court’s denial of her motion to recuse himself post-trial. We find that such denial was in error and hereby reverse the trial court’s denial of Hewitt’s motion to mitigate and motion for new trial and remand so that a new judge may be appointed to hear those motions.

Once convicted of failing to pay sales tax, Hewitt obtained new counsel who filed a verified motion to recuse the trial judge from hearing further motions. In her motion, Hewitt alleged that the judge, while in private practice, once represented her husband in a divorce case against…