Russell Jay Reger v. the State of Texas
02-21-00049-CR
| Tex. App. | Jun 24, 2021Background:
- Appellant Russell Jay Reger sought to appeal an April 22, 2021 order (signed by the Presiding Judge sitting by assignment) denying his motion to recuse the trial judge.
- The appeal challenged a stand-alone interlocutory order denying recusal; no final judgment on the underlying criminal case was at issue here.
- On May 14, 2021, the court notified Reger it was concerned it lacked jurisdiction and gave him until May 25, 2021 to show grounds to continue the appeal.
- Reger filed a response but did not demonstrate any jurisdictional basis for an interlocutory appeal of the recusal denial.
- The court concluded no statute authorizes appeals from stand-alone orders denying recusal and that Texas Rule of Civil Procedure 18a limits review of such orders to an appeal from the final judgment.
- The court dismissed the appeal for want of jurisdiction.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an interlocutory order denying a motion to recuse is immediately appealable | Reger: the denial should be reviewable now (appeal seeks review of recusal denial) | State: no statutory authorization; Rule 18a(j)(1)(A) permits review only on appeal from final judgment | Court: No jurisdiction; dismissal. Recusal denial reviewable only on appeal from final judgment |
Key Cases Cited
- Ragston v. State, 424 S.W.3d 49 (Tex. Crim. App. 2014) (interlocutory criminal orders are not reviewable absent statutory authorization)
- DeLeon v. Aguilar, 127 S.W.3d 1 (Tex. Crim. App. 2004) (applying Tex. R. Civ. P. 18a in criminal context; limiting recusal-review to final-judgment appeal)
- Green v. State, 374 S.W.3d 434 (Tex. Crim. App. 2012) (order denying recusal may be reviewed only on appeal from the final judgment)