Cesar Deleon & Eduardo Chavez v. 8th Court of Appeals & the Honorable Luis Abuilar

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,760

CESAR DE LEON, Relator

v.

THE HONORABLE LUIS AGUILAR, JUDGE 120TH DISTRICT COURT OF EL PASO COUNTY, Respondent

ORIGINAL MANDAMUS PROCEEDING

FROM EL PASO COUNTY

Hervey, J., delivered the opinion of the Court in which Meyers, Price, Womack, Johnson, Keasler, Holcomb, and Cochran, JJ., joined. Keller, PJ., dissented.

OPINION

The issue in this mandamus proceeding is whether the law provides an immediate remedy to enforce a right to recuse a biased trial judge. We hold that it does.

This is an original mandamus proceeding filed by Eduardo Chavez (Chavez)…