Supreme Court of California

Court of appeals' reversal of defendant's conviction for child endangerment and related crimes is reversed and remanded as, while a showing of actual bias is not required for judicial disqualification under the due process clause, neither is the mere appearance of bias sufficient, and in light of Caperton v. A.T. Massey Coal Co., Inc., __ U.S. __ (2009), this case does not present the "extreme facts" that require judicial disqualification on due process grounds.

Appellate Information

• Decided 01/21/2010
• Published 01/21/2010

Judges

• MORENO, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Marilyn Kaye Freeman, in pro. per., for Petitioner.


• For Appellees:
  
• Carl M. Hancock, under appointment by the Supreme Court, for Defendant and Appellant and for Petitioner., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Donald E. De Nicola, Deputy State Solicitor General, Pamela Ratner Sobeck, Steven T. Oetting and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent.