Page:Walls v. State (2000).pdf/2

788 reduced the sentence on one count from that handed down at the first sentencing hearing and ran some of the sentences concurrently, and the new sentences were within the statutory limits, the supreme court discerned no bias on the part of the judge so as to warrant a third sentencing.
 * 1) J—Although Canon 3E(1) of the Arkansas Code of Judicial Conduct provides that a judge shall disqualify himself "in a proceeding in which the judge's impartiality might reasonably be questioned," mere suspicion or conjecture that the judge's heart and mind were so tainted by events that occurred more than a year earlier that he could not view the matter afresh on remand was not enough; it is a given that a judge is able to preside over a matter on remand with a clean slate, absent proof or some indication to the contrary; where the record did not support appellant's contention that the trial judge was biased towards him at the resentencing, the trial judge did not abuse his discretion in declining to recuse.
 * 2) A—Where appellant failed to obtain a ruling on the argument that the judge's failure to recuse for all the reasons already stated violated his due process rights from the trial judge, he waived the issue for purposes of appeal.
 * 3) A—Where appellant failed to cite any authority in support of his constitutional argument, but instead simply made the bald statement that his due process rights had been violated, that conclusory statement was not enough, and the supreme court would not develop the constitutional issue for him.
 * 4) A—Where appellant contended that he should have been able to withdraw his guilty and nolo contendere pleas due to bias on the judge's part, because that equated to manifest injustice under Ark. R. Crim. P. 26(a)(1), but appellant presented the court with no convincing authority to support the contention that the judge abused his discretion in disallowing a withdrawal of his pleas, and because there was no proof of bias so as to warrant recusal, appellant's argument of manifest injustice was substantially undercut.

Appeal from Lonoke Circuit Court; Lance L. Hanshaw, Judge; affirmed.

Hubert W. Alexander, for appellant.