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Paul v. State

The trial court expressed it opinion of defendant's guilt in violation of O.C.G.A. § 17-8-57 by questioning his expert about his suicide attempts.

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Larry Marion Paul was convicted of aggravated assault with a deadly weapon and possession of a knife during the commission of certain crimes. The charges stemmed from a fight which took place between Paul and the victim in the parking lot of a bar. Paul appealed, contending, inter alia, that the trial judge erred in expressing an opinion of his guilt in violation of OCGA § 17-8-57.1

During the course of the trial, the trial judge took an active role in the proceedings, posing questions to the victim and several witnesses. Trial counsel did not object to the trial judge’s questions, nor did he move for a mistrial on the ground that the trial judge erroneously expressed his opinion as to what had or had not been proved. On appeal, new counsel asserted that the trial judge violated OCGA § 17-8-57 and that trial counsel was ineffective for having failed to object. The Court of Appeals affirmed defendant’s conviction, finding that trial counsel’s failure to object to the trial judge’s questions constituted a waiver of the OCGA § 17-8-57 issue, but that trial counsel did not render ineffective assistance. Paul v. State, 240 Ga. App. 699 524 SE2d 549 1999. We granted defendant’s petition for a writ of certiorari.

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