Bennett separately argued on appeal that his due process rights were violated by Judge Pilshaw's lack of impartiality. We too have concern when a judge tells a defendant that she has decided the issue before hearing argument. In addition, our review of the transcripts of the sentencing and probation-revocation hearings does not show the dignity of proceedings and level of respect to parties that Kansas citizens rightly expect and deserve from their judges. It is important that those appearing in courts have confidence that a fair hearing is provided to them. We therefore direct that the case be assigned to a different judge on remand.Bennett had a pretty long underlying sentence (42 months), so he may really benefit from this decision. The vast majority of probation-revocation appeals are moot by the time they are decided.
[Update: the state did not file a PR and the mandate issued on April 3, 2008].
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