What can you do when you think the trial court judge in your case was biased or prejudiced against you?
Filing a motion for recusal of the trial judge may be a good option.
Motion for recusal can be filed in any case where the accuser believes that the trial court judge is biased or prejudiced and that the judge can be removed from the case.
The aim of filing a motion for recusal is for another district judge to hear the case.
If the trial court judge in the case agrees, he or she will be recused.
Then the regional judge appoints someone else to preside over the case.
If the trial judge refuses to recuse himself on his own, then another judge hears the case and determines whether or not the original judge should be recused.
If he does recuse the original judge, then the regional judge will give a new judge to you in your case.
If you are denied, the original trial court judge is going to hear your case.
When you consider the idea of recusing a trial court judge in your case, you don’t want to unnecessarily anger him or her or upset him or her about you and your case and act like they’re unfair to your case.
If you can provide solid evidence to prove that it’s true and that they are prejudiced or biased against you, then you should file a motion for recusal. That’s true in your case as you pursue an 11.07 writ of habeas corpus.
If it’s the same judge that you had at the time of your trial, then he might be a witness.
However, that’s not the best ground for recusal in an 11.07 writ of habeas corpus proceeding because the Texas Court of Criminal Appeals relies upon certain factors like the judge’s recollection of your case and your trial, the impression of the witnesses, the competence of the lawyers, the demeanor of the parties, and more.
That judge is called upon to give findings of fact that impart including his or her recollections of events.
So the judge has his own impressions or opinions is not necessarily a good basis to recuse a trial court judge.
In a nutshell, you can file a motion for recusal if you believe that the trial court judge is biased or prejudiced on your case.
However, be ready to provide solid evidence to prove that it’s true.
About The Attorney
Jacob Blizzard is board certified in both criminal law and criminal appellate law.
He regularly practices in the areas of state and federal criminal defense, criminal appeals, post conviction writs of habeas corpus.
In Texas, there are more than 100,000 attorneys licensed to practice, but only 7,450 are board certified.
In the entire State of Texas, as of the 2019 certification year, there were only 87 attorneys board certified in both criminal law and criminal appellate law, making Mr. Blizzard one of 0.087% of attorneys in Texas to hold both of those certifications.