State of Tennessee v. Letalvis Cobbins, Lemaricus Davidson and George Thomas

On September 26, 2012, the State of Tennessee, pursuant to Tennessee Supreme Court Rule 10B, section 2.02, appealed the trial court’s order denying its motion to have the trial judge recused or otherwise disqualified from presiding over the three cases at issue in this appeal. After initial review, this Court, pursuant to Rule 10B, section 2.04, stayed all further proceedings in these cases pending resolution of this appeal. Then, in accordance with the mandate of Rule 10B, section 2.06, that this Court act on an expedited basis, this Court, pursuant to Tennessee Supreme Court Rule 10B, section 2.05, requested and received responses from the defendants on October 8, 2012. The issue presented is as follows: Whether a person of ordinary prudence in the trial court’s position, knowing all the facts known to the trial court, would find a reasonable basis for questioning the trial court’s impartiality in these three cases? After a thorough de novo review of the record and relevant authorities, we conclude that the trial court erred in denying the State’s motion for recusal. The judgment of the trial court is reversed, the trial judge is recused, and the stay previously entered in these cases shall remain in effect until the Chief Justice of the Tennessee Supreme Court appoints a replacement trial judge, or pending further orders of this Court or the Tennessee Supreme Court.