Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

In re Fifty-One Gambling Devices Twenty Six Thousand Eight Hundred Eighty Dollars in United States Currency

This appeal arises from a forfeiture proceeding under article 18.18 of the Code of Criminal Procedure. One of the 10 issues appellant challenges is the denial of his motion to recuse the trial court judge. Under rule 18b(2)(a),(b) of the Texas Rules of Civil Procedure, a judge shall recuse himself in any proceeding in which his impartiality might reasonably be questioned, and he has a personal bias or prejudice concerning the subject matter or a party, or personal knowledge of disputed evidentiary facts concerning the proceeding. Appellant's premise that the judge, as the magistrate, is placed in the position of prosecuting the forfeiture is supported only by his interpretation of article 18.18, and he cites no authority agreeing with his interpretation. Amarillo Court of Appeals, No. 07-08-0068-CV, 09-28-2009

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

OPINION

This appeal arises from a forfeiture proceeding under article 18.18 of the Code of Criminal Procedure.*fn1 Through ten issues, appellant Mike Lewis*fn2 challenges the trial court’s judgment forfeiting gambling devices, gambling proceeds and other items, and the denial of his motion to recuse the trial court judge. By cross-appeal, the State challenges denial of its request for attorney’s fees and costs by the administrative judge in the recusal proceeding. We affirm the judgment of forfeiture and the denial of Lewis’s recusal motion, and render an order awarding the State attorney’s fees and costs.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Women, Influence & Power in Law US Awards 2024
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
Women, Influence & Power in Law (WIPL) 2024
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
Go to Events Go to Webcasts
(REMOTE OPPORTUNITY) CLAIMS COUNSEL/ANALYST WANTED FOR LEADING PROVIDER OF PROFESSIONAL LIABILITY INSURANCE MEDICAL MALPRACTICE EXPERIENCE IS REQUIRED (Remote)

Our client, a large provider of professional liability insurance, has engaged us to identify a qualified attorney or claims professional for...


Apply Now ›
NO - FAULT ATTORNEY - NEW YORK

NY defense counsel seeking experienced no fault attorney responsible for cases from inception to resolution, including court and arb appeara...


Apply Now ›
TRIAL ATTORNEY - NEW YORK

NY auto defense firm seeks experienced TRIAL ATTORNEY to do trials, motions, court appearances and depositions. Salary range 100K-130K depe...


Apply Now ›
Go to Lawjobs