Ex parte Thuesen

At issue before the Court of Criminal Appeals in this matter was the judicial authority of the judge who presided over habeas proceedings in this case. The judge signed an order voluntarily recusing himself from presiding over applicant’s habeas proceedings. The judge then sought and obtained the appointment of a replacement judge, but subsequently signed an order purporting to restore his own judicial authority to preside over the case. After review, the Court of Criminal Appeals held that the judge did not have authority to take any further action after signing the voluntary recusal order. The Court therefore restored this matter to its position immediately following the replacement judge’s assignment to the case and remanded it to the trial court for further proceedings. View "Ex parte Thuesen" on Justia Law