State v. Ellis
Annotate this CaseAfter a jury trial, Defendant was convicted of aggravated burglary and other charges. The trial judge did not expressly accept or approve of the jury’s verdict. After Defendant’s trial and before the sentencing hearing, the trial judge left the bench and a successor judge was designated. The designated judge held a sentencing hearing, sentenced Defendant, and transferred the matter to a different division for further proceedings. Defendant moved for a new trial, alleging that a successor judge could not act as the thirteenth juror because witness credibility was the “over-riding issue.” A successor judge conducted the hearing on the motion. The trial court denied the motion. The Court of Criminal Appeals reversed on the thirteenth juror issue. The Supreme Court reversed the judgment of the Court of Criminal Appeals and reinstated the judgments of the trial court, holding that the successor judge in this correctly determined that he could perform the function of the thirteenth juror and could independently weigh and assess the evidence adduced at Defendant’s trial so as to prevent a miscarriage of justice by the jury.
Court Description: Authoring Judge: Justice Jeffrey S. Bivins
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