State v. PrattAnnotate this Case
Following a jury trial, Appellant Marlon Pratt was convicted of seventeen counts of theft by swindle and two counts of racketeering. On appeal, the court of appeals affirmed in part, reversed in part, and remanded for resentencing. This appeal followed. The Supreme Court reversed, holding (1) there was sufficient evidence to support Pratt's theft-by-swindle convictions; but (2) the judge who presided over Pratt's trial was disqualified from doing so under the Code of Judicial Conduct because the judge was retained by the county attorney's office to be an expert witness in an unrelated case, while at the same time presiding over Pratt's trial, which would cause a reasonable examiner to question the judge's impartiality. Remanded for a new trial.