Ex parte Bentley
Decision Date | 08 November 2002 |
Citation | 849 So.2d 997 |
Parties | Ex parte Jeremy Shawn BENTLEY. (In re State of Alabama v. Jeremy Shawn Bentley). |
Court | Alabama Court of Criminal Appeals |
Lila V. Cleveland, Mobile, for petitioner.
William H. Pryor, Jr., atty. gen., and H. Clay Barnett III, asst. atty. gen., for respondent.
The petitioner, Jeremy Shawn Bentley, filed this petition for a writ of mandamus directing Judge Herman Y. Thomas to recuse himself from presiding over Bentley's capital-murder trial. Bentley was indicted for murdering Jamie Tolbert during the course of a robbery, an offense defined as capital by § 13A-5-40(a)(1), Ala.Code 1975. In September 2002, Bentley's attorney learned that Bentley, who is currently incarcerated in the Mobile County jail while awaiting trial, had sent several letters to Judge Thomas. The letters contained threats and included statements that Judge Thomas had "sold [his] soul to Lucifer." One letter contained a dead lizard with the caption that "Judge Thomas would die like his lizard spy."1 Bentley filed a motion for Judge Thomas to recuse on the ground that Judge Thomas was prejudiced against him because of the threats contained in the letters. Thomas denied the motion after a hearing; this petition followed. Bentley also filed a motion to stay the proceedings in circuit court. This Court denied the motion to stay. We now address the merits of Bentley's petition.
Mandamus is the appropriate vehicle by which to review a trial court's ruling denying a motion to recuse. See Ex parte Cotton, 638 So.2d 870 (Ala.1994). "However, the writ of mandamus is a drastic and extraordinary remedy and should be issued only upon a clear showing that the trial court has abused its discretion by exercising it in an arbitrary and capricious manner." 638 So.2d at 872.
Canon 3.C. of the Alabama Canons of Judicial Ethics, addresses those situations where a trial judge should recuse herself or himself from presiding over a case. Canon 3.C. reads, in part:
Applying the standard articulated in the Canons, the Alabama Supreme Court has stated: "The question is not whether the judge was impartial in fact, but whether another person, knowing all of the circumstances, might reasonably question the judge's impartiality—whether there is an appearance of impropriety." Ex parte Duncan, 638 So.2d 1332, 1334 (Ala.1994).
Our research has revealed no Alabama case specifically addressing the issue presented here—whether a defendant's threats towards a trial judge require that judge to recuse himself or herself from the defendant's case. However, other state and federal courts have addressed this issue. The consensus is that, barring extraordinary circumstances, a defendant will not be allowed to profit from his own misconduct. As the Washington Court of Appeals stated in State v. Bilal, 77 Wash. App. 720, 893 P.2d 674 (1995), a case involving a defendant's threat toward the judge presiding over his trial:
77 Wash.App. at 722, 893 P.2d at 675.
The Supreme Court of Illinois in People v. Hall, 114 Ill.2d 376, 499 N.E.2d 1335, 102 Ill.Dec. 322 (1986), upholding a trial judge's refusal to withdraw from a case after the defendant had had an outburst in the courtroom and had struck his attorney and the trial judge, stated:
114 Ill.2d at 407, 499 N.E.2d at 1347, 102 Ill.Dec. at 334.
In a similar situation, the Louisiana Court of Appeals in State v. Prater, 583 So.2d 520 (La.Ct.App.1991), upholding the denial of a motion to recuse after the defendant had sent the trial judge threatening letters, stated:
Federal courts have likewise upheld a trial judge's refusal to withdraw from a case in similar situations. A New Jersey federal district court upheld a trial judge's denial of a motion to recuse after the judge had received threats from the defendant. See In re the Extradition of Singh, 123 F.R.D. 140 (D.N.J.1988). The Court stated, 123 F.R.D. at...
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State v. Moore
..."Mandamus is the appropriate vehicle by which to review a trial court's ruling denying a motion to recuse." Ex parte Bentley, 849 So.2d 997, 998 (Ala.Crim.App.2002). The State asserts that Judge Thompson should recuse himself from Moore's retrial because, it says, he has "pre-judged and den......