Alley v. State

FARMER, Judge.

Appellant challenges her conviction and sentence for driving under the influence resulting in manslaughter on several grounds, but we find only one dispositive and reverse.

At one point during the trial the judge overruled an objection but admonished defense counsel to give him “the courtesy of a stand” when he interposed an objection. Counsel then asked for a side-bar conference to explain that he meant no discourtesy but merely behaved as the judge had permitted in the past. To this the judge responded as follows:

THE COURT: I think it’s a matter of courtesy, and I think it’s…