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Underwood v. State

Court of Appeals of Texas, Eleventh District
Oct 27, 2022
No. 11-22-00218-CR (Tex. App. Oct. 27, 2022)

Opinion

11-22-00218-CR

10-27-2022

EDDIE DALE UNDERWOOD, Appellant v. THE STATE OF TEXAS, Appellee


Do not publish. See Tex. R. App. P. 47.2(b).

On Appeal from the 259th District Court Jones County, Texas Trial Court Cause No. 6880-D

Panel consists of: Bailey, C.J., and Trotter, J.

ORDER

PER CURIAM

We have reviewed the "Motion to Recuse Appellate Judges" filed in this cause on October 18, 2022, as it pertains to seeking the recusal of Justice W. Bruce Williams. Pursuant to Rule 16.3(b) of the Texas Rules of Appellate Procedure, Justice Williams has considered the motion in chambers. Justice Williams has found no reason to recuse himself and, pursuant to Rule 16.3(b), has certified the issue to the entire court for a determination by the other justices of this court. See Tex. R. App. P. 16.3(b). Chief Justice John M. Bailey and Justice W. Stacy Trotter have decided the matter without Justice Williams's participation.

A copy of Justice Williams's written certification is attached to this order.

The recusal of appellate court justices is controlled by Rule 16 of the Texas Rules of Appellate Procedure. The grounds for recusal of an appellate court justice are provided in the Texas Rules of Civil Procedure. Tex.R.App.P. 16.2; see Tex. R. Civ. P. 18b. We find no reason for Justice Williams to recuse himself and hold that none of the grounds set out in Rule 18b are applicable to Justice Williams in this case. See Tex. R. Civ. P. 18b; see also Manges v. Guerra, 673 S.W.2d 180, 185 (Tex. 1984); McCullough v. Kitzman, 50 S.W.3d 87, 88 (Tex. App.-Waco 2001, pet. denied).

The request for the recusal of Justice W. Bruce Williams is denied.

Williams, J., not participating.


Summaries of

Underwood v. State

Court of Appeals of Texas, Eleventh District
Oct 27, 2022
No. 11-22-00218-CR (Tex. App. Oct. 27, 2022)
Case details for

Underwood v. State

Case Details

Full title:EDDIE DALE UNDERWOOD, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eleventh District

Date published: Oct 27, 2022

Citations

No. 11-22-00218-CR (Tex. App. Oct. 27, 2022)