State v. HerrmannAnnotate this Case
Pursuant to a plea agreement, Defendant pled guilty to homicide by intoxicated use of a vehicle, hit and run resulting in death, and related crimes. After Defendant was sentenced, he filed a postconviction motion seeking resentencing by a different judge, asserting that the circuit court’s statements at sentencing supported a conclusion that the judge was biased. The court of appeals denied relief, determining that the circuit court judge’s statements at sentencing were insufficient to support a conclusion that she was biased. The Supreme Court affirmed, holding that Defendant failed to rebut the presumption that the judge acted fairly, impartially, and without prejudice.