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Judicial Recusal Archives

Boy Scout Connection Did Not Require Judicial Recusal

Judicial recusal is appropriate when there is a reasonable basis to question a judge's impartiality. Defendants in criminal cases have a right to an unbiased, impartial judge. In the recent case of Brennan v. State, M2012-00187-CCA-R3-PC (Tenn.Crim.App. 12-4-2012), a defendant who had pled guilty to incest and attempted rape of a child, and received a total effective sentence of twenty years in prison, later discovered that the sentencing Judge's son was in the same Boy Scout Troop with the Defendant. The Defendant filed a petition for post-conviction relief seeking a new sentencing hearing and recusal of the same judge from hearing the post-conviction claim.

Boy Scout Connection Did Not Require Judicial Recusal

Judicial recusal is appropriate when there is a reasonable basis to question a judge's impartiality. Defendants in criminal cases have a right to an unbiased, impartial judge. In the recent case of Brennan v. State, M2012-00187-CCA-R3-PC (Tenn.Crim.App. 12-4-2012), a defendant who had pled guilty to incest and attempted rape of a child, and received a total effective sentence of twenty years in prison, later discovered that the sentencing Judge's son was in the same Boy Scout Troop with the Defendant. The Defendant filed a petition for post-conviction relief seeking a new sentencing hearing and recusal of the same judge from hearing the post-conviction claim.

Boy Scout Connection Did Not Require Judicial Recusal

Judicial recusal is appropriate when there is a reasonable basis to question a judge's impartiality. Defendants in criminal cases have a right to an unbiased, impartial judge. In the recent case of Brennan v. State, M2012-00187-CCA-R3-PC (Tenn.Crim.App. 12-4-2012), a defendant who had pled guilty to incest and attempted rape of a child, and received a total effective sentence of twenty years in prison, later discovered that the sentencing Judge's son was in the same Boy Scout Troop with the Defendant. The Defendant filed a petition for post-conviction relief seeking a new sentencing hearing and recusal of the same judge from hearing the post-conviction claim.

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