Tuesday, June 17, 2008

Tx Ct Crim App denies appeal of death row inmate who alleges that judge & prosecutor slept together during case

OK, here's a first for me.  Charles Hood is set to be executed tonight because the Texas Court of Criminal Appeals has denied his appeal, which alleged that the judge and prosecutor on his case were sleeping together at the time that he was being tried.  The appeal was denied on procedural grounds.  More...

According to an email that I received, Hood's allegations were bolstered by an affidavit by

a former assistant district attorney in the Collin County District Attorney's Office . . . testifying that "[i]t was common knowledge" that Judge Holland and District Attorney O'Connell "had a romantic relationship" for several years, including at the time of Mr. Hood's trial and death sentence.

Isn't this type of situation a clear ground for recusal at trial? I'm stunned.  If you want to read my take on this, go here (the post includes a phone number for calling the person inTexas Gov. Perry's staff in charge of the Hood case).  [Nancy Rapoport]

http://lawprofessors.typepad.com/legal_profession/2008/06/tx-ct-crim-app.html

Ethics, Professional Responsibility, Rapoport, The Practice | Permalink

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