Court of Criminal Appeals of Texas

The law provides an immediate remedy to enforce a right to recuse a biased trial judge; when a recusal motion is timely filed, Texas Rule of Civil Procedure 18a affords a trial judge no discretion, he must either recuse himself or refer the motion for another judge to decide. Here, the judge's bias has been established as a matter of law.

Appellate Information

• Decided 01/21/2004
• Published 01/21/2004

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Ray Velarde, El Paso, for Appellant., John P. Mobbs, El Paso, Matthew Paul, State's Attorney, Austin, for State.