Court of appeals' reversal of defendant's conviction for child endangerment and related crimes is reversed and remanded as, while a showing of actual bias is not required for judicial disqualification under the due process clause, neither is the mere appearance of bias sufficient, and in light of Caperton v. A.T. Massey Coal Co., Inc., __ U.S. __ (2009), this case does not present the "extreme facts" that require judicial disqualification on due process grounds.
Filed January 21, 2010
Opinion by Judge Moreno
For Appellant: Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Donald E. De Nicola, Deputy State Solicitor General, Pamela Ratner Sobeck, Steven T. Oetting and Christopher P. Beesley, Deputy Attorneys General
For Appellee: Carl M. Hancock