People v. Freeman

Opinion

MORENO, J.

We granted review in this case to determine whether the appearance of bias by a judge requires recusal under the due process clause of the federal Constitution. (U.S. Const., 14th Amend.) While this matter was pending the United States Supreme Court filed its opinion in Caperton v. A. T. Massey Coal Co. (2009) 556 U.S._[173 L.Ed.2d 1208, 129 S.Ct. 2252]. The court’s exhaustive review of its jurisprudence in this delicate realm of constitutional law compels the following conclusions: while a showing of actual bias is not required for judicial disqualification under the due…