Smallwood v. State

URBIGKIT, Justice,

dissenting, with whom MACY, J., joins.

It is incomprehensible to me that this case reappears on appeal in this posture. It is incomprehensible to me that the trial judge, faced with the request for disqualification, did not recuse himself, even if not mandatorily required to do so, which I question. Finally, it is incomprehensible to me that, faced with the trial court denial of disqualification, defense counsel did not file a writ of prohibition in this court and, if failing in that effort, go the route of a jury trial since the prior sentence and the probable succeeding…