State v. Jones, 86 So. 3d 350

Jones was convicted of four counts of capital murder in 2005 and sentenced to death; the judgment was affirmed on appeal.
Jones filed a Rule 32 postconviction petition challenging juror T.E.’s fitness and alleged ex parte communications and juror misconduct.
Jones moved to recuse Judge Graddick, arguing impartiality under Ala. Code 1975 § 12-1-12 and Alabama Canons of Judicial Ethics; Graddick denied the motion.
Jones sought mandamus from the Court of Criminal Appeals to compel recusal; the majority granted mandamus and Judge Graddick was ordered to recuse.
The State petitioned for mandamus in this Court to overturn that ruling; issue framed as whether Graddick’s recusal was required.
The Supreme Court granted the State’s petition, holding Graddick was not a material witness and did not need to recuse.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Judge Graddick was a material witness requiring recusal	Jones contends Graddick would testify on disputed issues and thus should recuse.	Graddick was not a material witness since he had no unique information unavailable from others.	Graddick is not a material witness; no recusal required.
Whether the standard for recusal was properly applied	Recusal should occur when impartiality reasonably questioned.	Impartiality not reasonably questioned; there is no basis to recuse.	Standard applied correctly; no reasonable basis to question impartiality.

Callahan v. State, 557 So.2d 1292 (Ala.Crim.App. 1989) (recusal requires unobtainable evidence source; judge not required to recuse)
Ex parte Bryant, 682 So.2d 39 (Ala. 1996) (objective standard for impartiality; reasonable basis to question judge’s impartiality)
Ex parte Bank of America, N.A., 39 So.3d 113 (Ala. 2009) (recusal petition reviewable in mandamus context)
Ex parte George, 962 So.2d 789 (Ala.2006) (trial judge’s ruling on recusal reviewed for abuse of discretion)
Wingate v. Mach, 157 So.2d 421 (Fla. 1934) (material witness concept; absence of unique testimony from trial judge)