State v. Miller

The opinion of the court was delivered by

Lockett, J.:

Appellant Michael J. Miller appeals his conviction for criminal use of a financial card under K.S.A. 21-3729. Miller contends the trial judge’s comments during his bench trial constituted judicial misconduct and deprived him of his constitutional right to a fair trial.

At approximately 6 p.m., while at the Oak Park Mall on the evening of August 5, 2000, Mary Gorski discovered that the credit card she had been using to make purchases at the mall was missing. Maiy called the “The Walking Company,” the last store she had visited, and asked if…