State of Tennessee v. Rashard Fair

Syllabus

The Defendant, Rashard Fair, pled guilty in the Shelby County Criminal Court to voluntary manslaughter and received a three-year sentence to be served as one year in confinement followed by two years on probation. On appeal, the Defendant contends that the trial court erred by denying his requests for judicial diversion and full probation and that the trial court should have disqualified itself because the trial court's impartiality might reasonably be questioned. Based upon the oral arguments, the record, and the parties' briefs, we conclude that the trial court erred by failing to address fully on the record its reasons for denying judicial diversion and full probation. We also conclude that the trial court's statements during the sentencing hearing, particularly the trial court's comments about judicial diversion for the crime of voluntary manslaughter and the trial court's decision to increase the Defendant's sentence of confinement in response to defense counsel's request for bond pending appeal, call into question the trial court's impartiality in this case. Accordingly, we reverse and vacate the judgment of the trial court and remand the case for a new sentencing hearing, at which another judge shall preside, to determine the length and manner of service of the Defendant's sentence.