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Can a state district judge who, as a defense attorney, represented a criminal defendant years ago who went to TDCJ, then be the judge when that same defendant enters a guilty plea and goes back to TDCJ when one of the priors is used to enhance the defendant? This defendant is an habitual criminal. I heard it is a void judgment. The defendant did not complain and it was a plea bargain. Please help!
 
Posts: 13 | Location: Liberty, Texas | Registered: May 06, 2003Reply With QuoteReport This Post
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If the judge did not participate in the case that is currently pending before the judge, then article 30.01 does not require recusal. Long v. State , 137 S.W.3d 726, 736 (Tex.App.-Waco 2004); Bruns, 924 S.W.2d at 179 (citing cases).
 
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
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