Lee v. State

Petitioner seeks a writ of prohibition, contending that the trial court should have granted her motion for disqualification, which arose from an earlier violation of probation (“VOP”) proceeding. The alleged VOP was the commission of a crime, and the same crime was the subject of a new criminal charge. Both cases were assigned to the same judge.

Prior to the commencement of the VOP hearing, petitioner rejected the state’s plea offer. The state then presented three witnesses in support of its case-in-chief. Before recessing for lunch, the court made the following comments: “Maybe the parties…