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Does anyone have any authority for the proposition that just because a district judge signs an evidentiary search warrant does not mean that the judge must be recused from presiding over the trial on the merits?
 
Posts: 52 | Location: Williamson County, Texas, United States | Registered: April 06, 2005Reply With QuoteReport This Post
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Why should he be disqualified? He is not a fact witness. At most, he was a gatekeeper to the discovery of some evidence, much like he would be on a suppression hearing.
 
Posts: 374 | Location: Houston, TX | Registered: July 25, 2001Reply With QuoteReport This Post
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i don't know if this will totally answer your question, but try kemp v. state, 846 S.W.2d 289.
 
Posts: 1243 | Location: houston, texas, u.s.a. | Registered: October 19, 2001Reply With QuoteReport This Post
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The theory behind the defense wanting this judge off is because the defendant is charged with several counts of Indecency with a Child by Contact along with about 100 counts of child pornography, and the defense attorney knows that this judge is likely to stack all of the sentences. He intimated yesterday that he would seek to have the judge removed, and we all know that it is BS, but I was just wondering if anyone had a case that might be on point to just shut it down quickly.
 
Posts: 52 | Location: Williamson County, Texas, United States | Registered: April 06, 2005Reply With QuoteReport This Post
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The Kemp case is great. Thanks for the help!
 
Posts: 52 | Location: Williamson County, Texas, United States | Registered: April 06, 2005Reply With QuoteReport This Post
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