Braddy v. State
316 Ga. App. 292
| Ga. Ct. App. | 2012Background
- Braddy charged in two indictments with burglary and three counts of forgery in the first degree.
- The initial judge recused, and the case was transferred to Judge Kathy S. Palmer.
- Braddy moved to recuse Judge Palmer, alleging ex parte conversations and expressed sentencing opinions before Braddy appeared.
- Defense affidavit described a meeting where Palmer recited case facts and stated she would impose at least three years, rejecting a joint probation recommendation.
- Palmer denied recusal, noting no ex parte communication with the lead investigator and suggesting comments were about court practices; the motion was deemed timely and legally sufficient but meritless.
- The trial court denied immediate review; Braddy timely sought interlocutory appellate review, which this Court granted; the court now considers jurisdiction and merits of the recusal motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction over nonfinal orders for recusal | Braddy argues collateral order doctrine authorizes review | State contends no direct review without proper certificate | Collateral order jurisdiction exists; authority to review the recusal order is proper |
| Standard of review for recusal rulings | Review is de novo per City of Savannah v. Batson-Cook Co. | Trial court applies factual determinations; no discretion on review | Review is de novo for recusal determinations |
| Whether motion to recuse was timely and legally sufficient | Affidavit met timeliness and sufficiency under USCR 25.2–25.3 | Facts disputed by court; potential biases required further action | Affidavit is legally sufficient; judge must refer to another judge for recusal; remand |
| Requirement to assign another judge if recusal warranted | Rule requires assignment upon timeliness and sufficiency and factual basis | Discretion exercised by trial judge in some cases | Judgment vacated; remand to appoint a different judge to hear recusal |
Key Cases Cited
- City of Savannah v. Batson-Cook Co., 291 Ga. 114 (2012) (de novo review of recusal motions; USCR 25.3 dictates legal questions)
- Fulton County v. State, 282 Ga. 570 (2007) (collateral order doctrine criteria)
- Gillis v. City of Waycross, 247 Ga. App. 119 (2000) (recusal orders and discharge of duties)
- Butler v. Biven Software, 222 Ga. App. 88 (1996) (recusal considerations; appellate review)
- Patterson v. State, 248 Ga. 875 (1982) (collateral order exceptions and direct appeal)
- Scroggins v. Edmondson, 250 Ga. 430 (1982) (lis pendens; collateral appeal)
- Calloway v. Calloway, 161 Ga. App. 752 (1982) (certificate requirement for immediate review)