The following case summaries are provided by Stacey L. Schlimmer. For complete case opinions visit kansascourts.org. All cases are individual and in no way do these cases reflect every case.
The defendant’s conviction was reversed, and the case was remanded when the trial court judge refused to recuse himself after recusing himself on one of the defendant’s prior cases. The judge had recused himself on a case where the defendant had waived his right to jury trial and, since this case was going to be tried to a jury, the judge did not feel that he had a duty to recuse. The judge had presided over a jury trial for the defendant between the case where he recused himself and this case. During the sentencing of that case, the judge’s comments to the defendant caused the Kansas Court of Appeals to admonish him. Based on the history with the defendant the Court held “the probability of actual bias in this case was “too high to be tolerable” under the Due Process Clause.