Legal Opinion
Rogers v. Bradley
Texas Supreme Court
Decided August 30, 1995No. 94-0861PublishedCited by 60 opinions
1Opinion of the Court
GAMMAGE, Justice.
The rule’s language is clear, simple and unequivocal: Texas Rule of Appellate Procedure 15a provides that an appellate judge “shall disqualify or recuse himself in any proceeding in which judges must disqualify themselves under Texas Rule of Civil Procedure 18b.... ” Rule 18b provides in relevant part that a judge “shall recuse himself in any proceeding in which ... his impartiality might reasonably be questioned.” Tex. R.Civ.P. 18b(2)(a).
The language is imperative and mandatory, not permissive or discretionary; the standard is objective, not subjective.
The problem is the…
2Cases cited36 opinions
- Buckley v. ValeoSupreme Court of the United States · 1976
- Liteky v. United StatesSupreme Court of the United States · 1994
- Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
- Kemp v. StateCourt of Criminal Appeals of Texas · 1992
- In Re Matter of Stephen Yagman, Jerry Brown and Gerry Fleischer v. Michael Baden and Sidney WeinbergCourt of Appeals for the Ninth Circuit · 1986
31 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Mosley v. State, Texas Court of Appeals, 6th District (Texarkana)2004
- Kniatt v. State, Texas Court of Appeals, 10th District (Waco)2007
- In Re Paul's Bonding Co., Inc.Court of Criminal Appeals of Tennessee · 2001
- Sears v. Olivarez, Texas Court of Appeals, 13th District2000
- Williams v. Viswanathan, Texas Court of Appeals, 7th District (Amarillo)2001
55 more not listed; retrieve them via the Exa API.