A former state appellate court justice granted the defense's motion for recusal Tuesday after attorneys successfully argued Judge David Hagerman showed bias against them during a recent hearing about the trial date he set.
At a hearing earlier this month, Judge Hagerman went back and forth with the defense about scheduling issues.
After that hearing, the defense filed a motion to recuse Judge Hagerman, accusing him of treating their team with anger and hostility. "If there is that assertion, and there's evidence and support behind it, that the real possibility would exist that you err on the side of caution, ensure that due process is afforded the defendant, and recuse the judge in this in this type of case," said Eric Cedillo, attorney and SMU Clinical Professor of Law.
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