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Braddy v. State

The trial judge violated Uniform Superior Court Rule 25.3 in refusing to assign a motion to recuse to another judge when the motion was timely, legally sufficient and all facts contained therein were assumed to be true.

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We granted Calvin Braddy’s application for interlocutory appeal of the trial court’s order denying his motion to recuse. For reasons that follow we conclude that the trial court erred in not assigning this case to another judge to rule on the motion.

The record shows that Braddy, in two separate indictments, was charged with burglary and three counts of forgery in the first degree. After the judge to whom the case was first assigned, recused, the case was transferred to Judge Kathy S. Palmer. Braddy subsequently filed a motion to recuse Judge Palmer, claiming that she had ex parte conversations about his case and had voiced an opinion on what sentence she thought was appropriate for him before he ever appeared in front of her in court.

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