Lavoie, Michael Paul

Texas Supreme Court·Decided February 27, 2015·No. WR-82,160-01·Published

Opinion

ea.ii/o-oi

RECEIVED IN COURT OF CRIMINAL APPEALS

FEB 2? 201! pefore the ^regtbtng %fub%t of the Cighth gftrntmstratthe Bfuoicial Region of tKexasS

Cause No. F47171A

STATE OF TEXAS IN THE DISTRICT COURT

VS. JOHNSON COUNTY, TEXAS MICHAEL PAUL LAVOIE 18th JUDICIAL DISTRICT ORDER DENYING MOTION TO RECUSE

On the 17th day of February, 2015 came on to be considered the Defendant's Motion To Recuse the TrialJudge Johnny Neill filed in the above-entitled cause. A motion seeking to recuse a judge:

1) Must assert a ground listed Rule 18b; T.R.CP. 18a (a) (2);

2) May not be based solely on the judge's ruling. T.R.CP. 18a (a) (3).

3) State with detail and particularity facts that would be sufficient to justify recusal.

T.R.CP. 18a (a) (4).

A motion to recuse that does not comply with rules may be denied without an oral hearing. T.R.CP. 18a (g) (3). I have considered the motion and have determined that it does not assert a ground listed under Rule 18b, it based on the judge's prior ruling and/or it fails to state facts that would be sufficient to justify recusal.

IT IS THEREFORE ORDERED that Defendant's Motion To Recuse the Trial Judge

Johnny Neill is DENIED for the reasons stated above. SIGNED this 17th day of February 2015.

DAVID L. EVANS, Presiding Judge

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