By: WISCONSIN LAW JOURNAL STAFF//May 10, 2011//
Criminal Procedure
Judicial bias
The defendant failed to show judicial bias, although the judge called him a piece of garbage at sentencing.
“Neither we nor, significantly, the trial court approve calling any party or person in court ‘a piece of garbage.’ The Record here reflects, however, the trial court’s justifiable frustration with Pirtle’s disruptions and disrespect. The trial court’s admitted momentary lapse does not, in any sense of the word, reflect objective bias. Further, the trial court subjectively determined that it was not biased. This determination is binding. See State v. McBride, 187 Wis. 2d 409, 415, 523 N.W.2d 106, 110 (Ct. App. 1994).”
Affirmed.
Publication in the official reports is recommended.
2010AP1363-CR State v. Pirtle
Dist. I, Milwaukee County, Conen, J., Fine, J.
Attorneys: For Appellant: Cherella, Christopher J., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Sanders, Michael C., Madison