top of page
  • bennettandbennett

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.”


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)).


Recent Posts

See All

Under section 46.05(a)(3) of the Texas Penal Code, it is a felony to possess, manufacture, transport, repair, or sell a "prohibited weapon," including a chemical dispensing device. Chemical dispensing

What is Online Solicitation of a Minor? Online Solicitation of a Minor is one of two offenses created by sections 33.021(b) and 33.021(c) of the Texas Penal Code: Sec. 33.021. ONLINE SOLICITATION OF

Facing drug-possession charges can be a harrowing experience with potentially severe consequences. To navigate the complex legal system and protect your rights, you'll need a top drug-possession lawye

bottom of page