IN AN EXTRAORDINARY CASE, THE COURT OF CRIMINAL APPEALS FOUND RECUSAL TO BE A MATTER OF LAW, SIMPLY FROM THE COURT RECORD

The recusal in the John Doe case against Gabby Garcia is boosted by yesterday's self-recusal of the judge in the case of Robert Robertson, whose execution has been held up by the legislature.  There is also a new 9th Circuit Court of Appeals decision concerning mandatory recusal. 

From the Texas Court of Criminal Appeals

"We further decide that, under the unusual circumstances of this case, respondent's bias in the De Leon case has been established as a matter of law. We base this decision on the record in this proceeding and on the prior judicial ruling on the Estrada recusal motion after respondent had the opportunity to be heard through counsel on this motion. See Chavez, slip op. at 2-6, 13 (setting out the evidence of respondent's bias against the lawyers). We note that, according to the Court of Appeals, "the parties in effect conceded [at oral argument] that any alleged bias [from the Estrada case] would have persisted [in the De Leon case] in such a short time frame." See Chavez, slip op. at 13. We further note that, by his refusal to comply with Rule 18a, respondent is responsible for having deprived De Leon and himself of an opportunity to litigate the issue of respondent's bias in the De Leon case. See Chavez, slip op. at 13 (respondent has effectively limited De Leon's ability to obtain a fair hearing and his ability to effectively utilize the appellate process based on a complete evidentiary record). Respondent, therefore, violated a "ministerial" duty by failing to recuse himself. See Rosenthal, 98 S.W.3d at 198 ("ministerial act" requirement has been described to mean that the relief sought must be "clear and indisputable" such that its merits are "beyond dispute" with "nothing left to the exercise of discretion or judgment")."

Okay, things are moving fast, and I have to refocus on the matter at hand.