State v. Garner

I concur with the majority opinion vacating the judgment and ordering the cause remanded for a rehearing on the motion to suppress defendant’s videotaped and written confessions and an entry of findings on that motion. However, I must respectfully dissent from this court's direction to the trial judge to recuse.

The only time the trial judge made factual findings which may have been tainted by ex parte communication was in his ruling on the motion to suppress prior to trial. From the record there is no showing as to when the communication took place. For all we know, it occurred after the…