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State v. Hawkins

Supreme Court of South Carolina
Dec 11, 1989
387 S.E.2d 251 (S.C. 1989)

Opinion

23121

Heard October 31, 1989.

Decided December 11, 1989.

Appeal from General Sessions Court of Greenville County; Dan F. Laney, Jr., Judge.

Eddie R. Harbin, Greenville, for appellant. Atty. Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia, and Sol. Joseph J. Watson, Greenville, for respondent.


Heard October 31, 1989.

Decided December 11, 1989.


Appellant, Tim Hawkins (Hawkins) was convicted of indecent exposure and sentenced to ten years, suspended upon service of one year and five years probation. We reverse.

It is clear from the record that improper and prejudicial comments of the trial judge mandate a new trial.

The improprieties here so closely parallel those condemned by this Court in State v. Campbell, 297 S.C. 24, 374 S.E.2d 668 (1988), that no recitation is required. See also our recent opinion in State v. Ates, 297 S.C. 316, 377 S.E.2d 98 (1989).

Again, we caution trial courts that the sitting judge must conduct all adversarial proceedings with fairness and impartiality. The wide discretion accorded presiding judges, embedded in the law of South Carolina, is essential to the orderly administration of justice.

When, however, this discretion is exercised with abuse, to the prejudice of a party-litigant, as here, the result is legal error requiring a new trial.

Reversed and remanded.


Summaries of

State v. Hawkins

Supreme Court of South Carolina
Dec 11, 1989
387 S.E.2d 251 (S.C. 1989)
Case details for

State v. Hawkins

Case Details

Full title:The STATE, Respondent v. Tim HAWKINS, Appellant

Court:Supreme Court of South Carolina

Date published: Dec 11, 1989

Citations

387 S.E.2d 251 (S.C. 1989)
300 S.C. 225