State v. Jesse L. Herrmann

¶ 112. (concurring). I agree with the lead opinion's conclusion that Jesse Herrmann has not shown that the sentencing judge, Judge Ramona A. Gonzalez, was objectively biased in violation of due process. I write to clarify the due process recusal test. Citing cases including Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009), the lead opinion states that "[a] defendant may rebut the presumption [that a judge acted fairly, impartially, and without prejudice] by showing that the appearance of bias reveals a great risk of actual bias." Lead op., ¶ 3. However, due process requires recusal only…