The Georgia Supreme Court on Monday rejected a drug defendant’s argument for a new trial, concluding that the defendant waited too long to ask the trial judge to recuse because she had heard an ex parte communication that the defendant could be dangerous.
Anthony Hargis, convicted of various methamphetamine-related crimes, has pointed to an off-the-record conversation the judge had with a lawyer who expressed concerns that Hargis could become violent. Monday’s unanimous decision didn’t say whether the trial judge should have recused. Instead, the Supreme Court said the defendant waived the issue because he didn’t request recusal as soon as he found out about the conversation.
