TDCAA Community
Disqualification of the Judge

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/8621075441

February 13, 2007, 15:37
Martin Peterson
Disqualification of the Judge
It is clear since Hathorne, 459 S.W.2d 826 that a judge is not disqualified from presiding over a trial where he prosceuted the defendant for a prior offense being used to enhance the punishment. Is the rule the same with respect to a prior conviction that is an element of the offense on trial (e.g., unlawful possession of firearm or failure to comply with sex offender registration requirements)? I have been unable to find a case on this point. I realize that Ex parte Richardson, 201 S.W.3d 712 lessens any cause for concern, but I want to be sure recusal is not called for.