Brice Cook v. State of Tennessee

Brice Cook v. State of Tennessee
W2018-00237-SC-R11-PC

The dispositive question in this appeal is whether the post-conviction judge should have recused himself because his impartiality might reasonably be questioned. We answer this question in the affirmative and hold that the post-conviction judge was obligated to recuse himself in this case even though the petitioner failed to file a motion for recusal. Accordingly, the judgment of the Court of Criminal Appeals is reversed; the judgment of the post-conviction court is vacated; and this matter is remanded to the trial court for a new post-conviction hearing before a different judge.

Authoring Judge: 
Justice Cornelia A. Clark
Originating Judge: 
Judge Lee V. Coffee
Date Filed: 
Tuesday, August 25, 2020