The Motion to Recuse

 Posted on November 13, 2009 in Uncategorized

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."


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 when introduced to that principle, and see it as non-obvious, so I offer them a cite: Collier v. Poe, 732 S.W.2d 332, 343-44 (Tex. Crim. App. 1987)).

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