CAUSE NO: 1209535

THE STATE OF TEXAS

YS.

TYRONE COLBERT

IN THE 20gTH CRlMINAL

DISTRICT COURT OF

HAJUtlSCOUNTY,TEXAS

FILEDDEFENDANT'S FlRST AMENDED MOTION FOR Loren Jacl<son

Olstrlct ClerkDISQUALIFICATION OF THE TRIAL JUDGE

MAR 01 2010

To the Honorable Judge of Said Court: Time: ---,.""c-=c=-=-:.,...---­H9ffis County, T6~as

By --,;-;;= _Dep",,"

Comes Now TYRONE COLBERT, defendant in the above entitled and numberedcause by and through his attorney of record, Alvin E. Nunnery and moves the Court todisqualify and recuse herself from hearing any matter, proceeding or trial in the aboveaction 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 LorettaJohnson-Muldrow. Attorney Muldrow is currently running for the bench currently heldby Judge Denise Collins.

Prior to Attorney Muldrow filing to unseat Judge Denise Collins, attorney of recordto 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 JudgeCollins as to both why Attorney Muldrow was running against her and why I had not toldher of Ms. Muldrow's intent.

Qn a separate court appearance on behalf of defendant Tyrone Colbert, Judge Collinsin open court referred to attorney of record as the "enemy".

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

II.

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

Ill.

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

. IV.

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

v.

Judge Collins is thereby prejudiced against Defendant because of politicalconsiderations that render it impossible for Defendant to receive a fair and impartial trialdepriving him of his constitutional rights guaranteed to him by the United StatesConstitution and the State of Texas.

Respectfully submitted,

ALVIN E.NUNNERYATTORNEY AT LAW909 TEXAS AYE. SUIHouston, Texas 77002State BarNo. 15141800(713) 222-1919

STATE OF TEXASCOUNTY OF HARRIS

Defendant, Tyrone Colbert in the above entitled and numbered causeby and through his attorney of record, Alvin E. Nunnery being duly sworn upon hisoath deposes and says:

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

~[Affiant

2010.SUBSCRIBED AND SWORN TO before me this the I" day of March,

~~kFor Harris County, Texas