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300 S.C. 225

State v. Hawkins

Supreme Court of South Carolina

Decided December 11, 1989

Supreme Court of South Carolina · decided 1989-12-11

Relies on State v. Ates · State v. Campbell

Decided 1989-12-11

Per Curiam:

¶1*226Appellant, 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.

¶2It is clear from the record that improper and prejudicial comments of the trial judge mandate a new trial.

¶3The 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).

¶4Again, 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.

¶5When, 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.

¶6Reversed and remanded.

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