Questione giuridica chiave
Whether the recusal request against Joseph Pitteloud was filed in time under cantonal criminal procedure
Decisione estratta
The request had to be filed within ten days from the facts complained of; filed on 2 September 2003 after the 31 July 2003 hearing, it was late.
Motivazione estratta
The court held that recusal could be assessed separately for each magistrate and that the appellant failed to show arbitrariness in that approach. Since the alleged bias was said to have become certain at the second interrogation on 31 July 2003, the ten-day period ran from that date.