State v. HarrisonAnnotate this Case
After a jury trial, Defendant was found guilty of three offenses. Defendant filed two postconviction motions requesting a new trial, asserting that the circuit court judge, Jon M. Counsell, had no authority to preside over Defendant’s trial or sentencing because Defendant had filed a proper request for substitution of judge and the request had been granted. The circuit court denied the postconviction motions. The court of appeals summarily reversed the judgment of conviction and postconviction order and remanded for a new trial. The Supreme Court affirmed, holding (1) Defendant did not forfeit his statutory right to peremptory substitution of the judge; and (2) harmless error did not apply in this case when the circuit court erred by presiding over Defendant’s trial, sentencing, and postconviction motions. Remanded for a new trial.