Can You Pursue an Appeal Because a Judge is Biased? 

 Posted on November 21, 2024 in Criminal Defense

A Texas court of appeals has ordered a new trial for a man on death row facing execution. Randy Halprin, who is Jewish, was convicted of belonging to a gang of prisoners who escaped prison and then shot and killed a police officer.

Halprin’s attorneys have successfully argued that the judge who presided over the case engaged in behavior both inside and outside of the courtroom that evidenced great hatred for and disgust with Jewish people. During Halprin’s trial, Halprin’s lawyers claimed that the judge made derogatory comments about Jews in general and Halprin in particular.

Cases like Halprin’s are a good reminder that judges, juries, and prosecutors are not only not perfect, but they sometimes harbor the kinds of biases that can derail the entire justice process. At The Crowder Law Firm, P.C., our Texas criminal defense attorneys believe defendants deserve better.

What is Actual Bias in a Criminal Defense Case? 

Actual bias happens when a judge cannot be fair and has clear prejudice or favoritism in a case. This is different from "presumed bias," which is based on situations that might cause a judge to seem unfair, like having a financial interest in the case. Actual bias is when there is real proof that a judge has personal feelings, opinions, or connections that affect their ability to make fair decisions. The Sixth Amendment guarantees that everyone accused of a crime has the right to a fair trial, and actual bias gets in the way of a judge or jury being impartial.

When Does Actual Bias Lead to a New Trial?

If a judge shows actual bias during a trial, the defendant can ask for a new trial. For this to happen, the bias must meet these conditions:

• Evidence of Prejudice: There has to be clear proof that the judge acted unfairly. This could include things like making negative comments about the defendant, showing favoritism to one side, or making decisions based on personal interests.

• Impact on the Trial: The judge's bias must have affected the fairness of the trial. If their actions or decisions hurt the defendant's right to a fair trial, this is a serious issue.

• Proof, Not Guesswork: It is not enough for people to think the judge was biased. There must be real evidence, like biased rulings or inappropriate comments during the trial.

Can Convictions Be Overturned Because of Actual Bias?

Although it is unusual, a conviction can be overturned if actual bias is proven, on the part of either a judge or a jury. Courts take fairness very seriously. If a judge’s bias made the trial unfair, an appellate court can cancel the conviction and order a new trial with a different judge.

Contact Our Hard-Hitting Team of Plano, TX Criminal Defense Attorneys

At The Crowder Law Firm, P.C., we know better than anyone that the criminal justice system is not always just. If you believe the judge in your trial was seriously biased against you, your case may deserve a second look. Call us today at 214-544-0061 to get the best Collin County, TX criminal defense lawyers available.