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State v. Van Huizen 2017 UT App 30 (Feb. 16, 2017)

Feb 16, 2017

Appealing a conviction for aggravated robbery, the defendant argued that the juvenile judge should have been required to recuse herself for lack of impartiality under Utah’s Code of Judicial Conduct prior to binding the defendant over to stand trial as an adult. The court held that the judge’s marriage to the chief criminal deputy in the prosecuting entity’s office gave rise to an appearance of impropriety, and that the defendant was entitled to another bindover hearing, even in the absence of a showing of prejudice.