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State Supreme Court Rules Judge Can Hear Cases

ALBUQUERQUE, N.M. — Lincoln County man wanted judge he threatened to recuse herself


The state Supreme Court has ruled against a Lincoln County man who sought to have a judge he had threatened to harm recuse herself to avoid any appearance of impropriety, the Ruidoso News reported.
The newspaper said J. Tyrone Riordan, 25, has charges pending against him in three cases assigned to state District Judge Karen Parsons, including a capital murder case.
While those cases were pending, on June 26, 2008, Riordan was charged with conspiring to commit an assault with a deadly weapon on Parsons, according to the Ruidoso News. The judge recused herself from hearing the case involving threats against her.
Riordan filed a motion asking that Parsons recuse herself from the other three cases. The judge denied the request but certified an appeal to the Supreme Court to decide whether she should recuse herself.
The newspaper reported that the Supreme Court last month rejected the appeal, saying that there must be a showing of abuse of discretion and the law is clear that a defendant in a criminal case cannot drive a state trial judge off the bench by threatening the judge.



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