Legal Opinion

De Leon v. Aguilar

Court of Criminal Appeals of Texas

Decided January 21, 2004No. 74,760PublishedCited by 197 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · HerveyHervey, J.

in which MEYERS, PRICE, WOMACK, JOHNSON, KEASLER, HOLCOMB, and COCHRAN, JJ., joined.

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) and Cesar De Leon (De Leon). They seek mandamus relief from this Court to compel respondent either to grant their recusal motions or to refer their recusal motions for another judge to decide. De Leon has criminal charges pending against him in respondent’s court. After the…

3Cases cited12 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Neder v. United StatesSupreme Court of the United States · 1999
  3. State Ex Rel. Rosenthal v. PoeCourt of Criminal Appeals of Texas · 2003
  4. Buntion v. HarmonCourt of Criminal Appeals of Texas · 1992
  5. Arnold v. StateCourt of Criminal Appeals of Texas · 1993

7 more not listed; retrieve them via the Exa API.

4Cited by197 opinions

  1. State ex rel. Young v. Sixth Judicial District Court of Appeals at TexarkanaCourt of Criminal Appeals of Texas · 2007
  2. Grado, Michael AnthonyCourt of Criminal Appeals of Texas · 2014
  3. Ex Parte BrownCourt of Criminal Appeals of Texas · 2005
  4. Simon v. LevarioCourt of Criminal Appeals of Texas · 2009
  5. Abdygapparova v. State, Texas Court of Appeals, 4th District (San Antonio)2007

192 more not listed; retrieve them via the Exa API.

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