JEFFERSON-EL v. STATE

No. 63, September Term, 1992.

330 Md. 99 (1993)

622 A.2d 737

BARRY A. JEFFERSON-EL v. STATE OF MARYLAND.

Court of Appeals of Maryland.

April 6, 1993.


Attorney(s) appearing for the Case

Victoria S. Lansburgh, Asst. Public Defender (Stephen E. Harris, Public Defender, both on brief), Baltimore, for petitioner.

Mary O'Malley Lunden, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.


ROBERT M. BELL, Judge.

We granted the petition for writ of certiorari filed by Barry A. Jefferson-El, the petitioner, to consider when a trial judge, accused by a defendant of being partial against him, must grant the defendant's recusal motion to avoid the appearance of impropriety. A divided panel of the Court of Special Appeals held, in an unpublished opinion, that the facts and circumstances of the present case did not mandate recusal. We shall reverse.

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