CAUSE NO: 1209535

THE STATE OF TEXAS IN THE 20g TH CRlMINAL

YS. DISTRICT COURT OF

TYRONE COLBERT HAJUtlSCOUNTY,TEXAS

DEFENDANT'S FlRST AMENDED MOTION FOR

FILEDLoren Jacl<son
Olstrlct Clerk
DISQUALIFICATION OF THE TRIAL JUDGE
MAR 0 1 2010
Time: ---,.""c-=c=-=-:.,...----
To the Honorable Judge of Said Court: H9ffis County, T6~as
By --,;-;;= _
Dep",,"
Comes Now TYRONE COLBERT, defendant in the above entitled and numbered
cause by and through his attorney of record, Alvin E. Nunnery and moves the Court to
disqualify and recuse herself from hearing any matter, proceeding or trial in the above
action and in support of this motion would show unto the Court the following:

1.

Counsel for defendant Tyrone Colbert is a long time associate and friend to Loretta
Johnson-Muldrow. Attorney Muldrow is currently running for the bench currently held
by Judge Denise Collins.

Prior to Attorney Muldrow filing to unseat Judge Denise Collins, attorney of record
to Tyrone Colbert was appointed by Judge Collins to represent defendant.

Subsequent to the release of the list of candidates being distributed over the internet,
attorney of record was questioned in a very hostile and accusatory manner by Judge
Collins as to both why Attorney Muldrow was running against her and why I had not told
her of Ms. Muldrow's intent.

Qn a separate court appearance on behalf of defendant Tyrone Colbert, Judge Collins

in open court referred to attorney of record as the "enemy".

Judge Collins also placed phone calls to several of her peers, sitting criminal district
court judges and at least one sitting misdemeanor court judge inquiring about Attorney
Muldrow's decision to run against her.
 II.

The defendant would further show that within ten days of this case scheduled to go to
trial, specifically the week of February 22, 2010 he was in formed by the prosecutor for
the state in this case that Judge ColIins expressed great dissatisfaction at the knowledge
that attorney of record had been appointed to represent defendant to a degree and extent
that she was angry.

Ill.

The defendant would further show that Judge Collins contacted some of her peers
informing them that she would not "give work to their opponents" and statements to the
effect" we are all in this together"

. IV.

Finally, the defendant will show that he too is a candidate for a bench and a member of
the opposing party.

v.
Judge Collins is thereby prejudiced against Defendant because of political
considerations that render it impossible for Defendant to receive a fair and impartial trial
depriving him of his constitutional rights guaranteed to him by the United States
Constitution and the State of Texas.

Respectfully submitted,

ALVIN E.NUNNERY
ATTORNEY AT LAW
909 TEXAS AYE. SUI
Houston, Texas 77002
State BarNo. 15141800
(713) 222-1919
STATE OF TEXAS
COUNTY OF HARRIS

Defendant, Tyrone Colbert in the above entitled and numbered cause

by and through his attorney of record, Alvin E. Nunnery being duly sworn upon his
oath deposes and says:

" I am the attorney in this cause. The Honorable Denise Collins Judge
lh
of the 20S Criminal District Court is prejudiced against the accused to such a
degree that I believe he cannot receive a fair trial. I have read the foregoing motion
for disqualification of the trial judge and state that it is true and correct.

~[
Affiant

SUBSCRIBED AND SWORN TO before me this the I" day of March,

~~k
2010.

For Harris County, Texas