DueProcess Punishment JusticiabilityDoctri
Whether the Due Process Clause requires judicial disqualification when a judge presides over a case after publicly commenting on a prior ruling in the same matter
QUESTION PRESENTED On his campaign website seeking election to the Texas Court of Criminal Appeals, a judge provided a link to a news story praising his ruling that David Wood, the notorious “Desert Killer,” had failed to prove that he is intellectually disabled and, therefore, ineligible for execution under Atkins v. Virginia, 536 U.S. 304 (2002). The judge continued to preside over a second issue pending in the case—whether David Wood was entitled to forensic DNA testing. The judge eventually denied the motions seeking DNA testing. Does the Due Process Clause of the Fourteenth Amendment require judicial disqualification under these circumstances? i