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MS: Telling trial judge of client's plan to commit perjury at suppression hearing required recusal of judge

By John Wesley Hall, Jr.

Failure of trial judge, who would eventually sit as the trier of fact on defendant's motion to suppress his confession to police, to recuse herself from murder prosecution once defendant's attorney told judge that defendant had confessed to the crime to him and intended to commit perjury deprived defendant of a fair trial and of his right to due process, thus warranting a new suppression hearing and trial, regardless of the fact that defendant's trial was not a bench trial at which trial judge made ultimate decision of guilt or innocence, as the most overwhelming and damning proof of defendant's guilt was the confession to police. Scott v. State, --- So.2d ----, 2008 WL 711879 (Miss. App. March 18, 2008).

Full post as published by Law Of Criminal Defense on March 31, 2008 (boomark / email).