State v. Finch
Annotate this CasePrior to his scheduled probation revocation hearing, Probationer moved the district court judge for disqualification or, in the alternative, to direct the chief judge of the district to determine whether the district court judge was disqualified due to what Probationer alleged was a “reasonable question” about judicial impartiality. The district court rejected Probationer’s motions in their entirety without issuing a written order and, after a probation revocation hearing, revoked Probationer’s probation and executed his sentence. On appeal, Probationer argued that Minn. R. Crim. P. 26.03(14)(3) requires the chief judge of the district court to hear requests to disqualify. The court of appeals affirmed, concluding that Probationer’s arguments failed both procedurally and on the merits. The Supreme Court reversed the decision of the court of appeals and vacated the probation revocation order, holding (1) Probationer’s appeal was not procedurally flawed; and (2) the district court erred when it declined to refer the request to disqualify to the chief judge of the district, and the error was not harmless.
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