Ferguson v. State (Majority, with Concurring and Dissenting)Annotate this Case
After a jury trial, Defendant was convicted of second-degree domestic burglary. Defendant was sentenced to five years’ incarceration with an additional one-year enhanced penalty for committing the offense in the presence of a child. Defendant appealed, arguing that the circuit judge abused her discretion by denying Defendant’s motion to recuse and when she denied Defendant’s waiver of a jury trial. The Supreme Court reversed, holding that the circuit judge abused her discretion by not recusing because, under the facts of this case, the judge’s impartiality reasonably could have been questioned by Defendant, and the mandatory provisions of Rule 2.11(A) of the Arkansas Code of Judicial Conduct required her to disqualify.