People v. Fisher

Defendant was found guilty of aggravated criminal sexual abuse and sentenced to 12 years and 6 months in prison. Defendant appealed, arguing that he was denied a fair and impartial sentencing hearing because the court was biased against him, considered improper aggravating factors, and failed to consider pertinent mitigating factors. The appellate court vacated and remanded for resentencing before a different judge, finding that the trial court judge’s conduct was “inexcusable” and that the trial court engaged in sarcastic and disparaging remarks against the defendant who “did not receive anything approaching a fair sentencing hearing.” (LANNERD and KNECHT, concurring)