California Court of Appeal

Conviction of solicitation to commit kidnapping, residential burglary, stalking, and child endangerment and battery, is reversed as fundamental due process error occurred when the judge, previously recused for bias, was reinstated into the case notwithstanding defendant's repeated protests and under circumstances reflecting a persistent appearance of bias.

Appellate Information

• Decided 02/05/2007
• Published 02/05/2007

Judges

• HALLER, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Carl M. Hancock for Petitioner and Appellant in nos.   D048111 and D046394., Marilyn Kaye Freeman, in pro. per., for petitioner in no.   D049238.


• For Appellees:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Pamela Ratner Sobeck and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent.