Posted on
November 13, 2009 in
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)).