Henry Roy McClenan, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed the conviction for sexual abuse of a child, holding that the trial judge’s refusal to consider probation did not demonstrate bias requiring recusal and that, although the judge erred in not following Art. 200(a), § 6, the error was harmless. The Court overruled Vera as a precedent limiting bias as a ground for disqualification. A dissent argued that the statutory mandate should be enforced and the error not be excused.