Legal Opinion

Baker v. State

Court of Criminal Appeals of Alabama

Decided June 25, 1974No. 5 Div. 222PublishedCited by 9 opinions

1Opinion of the Court

CATES, Presiding Judge.

Possession of a pistol after having been convicted of a crime of violence: sentence, five years imprisonment.

Counsel for Baker has correctly and commendably confined his argument to a claim that the trial judge should have granted Baker’s motion that the judge recuse himself.

We consider that there are two reasons which preclude our finding error.

I

First, the motion should have been filed at the earliest opportunity. This principle rests on rationale that requests for recusal should not be disguises for dilatoriness on the part of the defendant. See Grotman v. Hahn, 59…

2Cases cited5 opinions

  1. Shell v. ShellCourt of Civil Appeals of Alabama · 1972
  2. Lindsey v. LindseySupreme Court of Alabama · 1934
  3. Wiggins v. StateAlabama Court of Appeals · 1958
  4. Walker v. StateAlabama Court of Appeals · 1955
  5. Grobman v. HahnWisconsin Supreme Court · 1883

3Cited by9 opinions

  1. Sparks v. StateCourt of Criminal Appeals of Alabama · 1984
  2. Noah v. StateCourt of Criminal Appeals of Alabama · 1986
  3. Stein v. StateIndiana Court of Appeals · 1975
  4. Price v. ClaytonCourt of Civil Appeals of Alabama · 2008
  5. Johnson v. BrownCourt of Civil Appeals of Alabama · 1997

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