The Motion to Recuse

From the State’s Motion to Recuse Judge Helm from all family violence cases:

Due process requires recusal when “there is a serious risk of actual bias—based on objective and reasonable perceptions.”

and

This bias should not be allowed to interfere with the State’s due process rights in a manner that infects “the integrity of the trial process.”

Problem: The State has no right to due process.

(Prosecutors and other statists go slackjawed and glassyeyed when introduced to that principle, so I offer them a cite: Collier v. Poe, 732 S.W.2d 332, 343-44 (Tex. Crim. App. 1987)).

4 Comments

  1. Have you forgotten that the former HarCo DA cited “the rights of States to determine their own destiny” in his SCOTUS oral argument in Lawrence?

    If states have substantive due process rights, then it follows that they have procedural due process rights. Right?

  2. It sounds as though you are saying that a judge can have a personal bias in favor of a particular criminal defendant, and the state has no right to any remedy. Is that really what you meant?

Post a Comment

Your email address will not be published. Required fields are marked *