Criminal Procedure — judicial bias

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — judicial bias

Anthony Teller appeals a judgment sentencing him after the revocation of his probation and an order denying his motion for resentencing. Teller argues the sentencing court was objectively biased because: (1) the court promised him at his original sentencing hearing that he would be sentenced to two years’ imprisonment if he was revoked from probation; and (2) the court followed through on that promise at his sentencing after revocation hearing. We conclude the circuit court demonstrated the appearance of bias by promising to sentence Teller to two years’ prison if he was revoked from probation. Because the appearance of bias constitutes objective bias, Teller is entitled to a new sentencing after revocation hearing before a different judge. This opinion will not be published.

2013AP502-CR State v. Teller

Dist III, Outagamie County, McGinnis, J., Hoover, P.J.

Attorneys: For Appellant: Starner, Christina C., Green Bay; For Respondent: Weber, Gregory M., Madison; Schneider, Carrie A., Appleton; Taylor, Patrick Michael, Appleton