The Texas Court of Appeals has affirmed the capital murder conviction of Lamont Cousins, who was sentenced to life in prison without parole. The court ruled that the trial court did not abuse its discretion when it denied Cousins' motion to disqualify the Tarrant County Criminal District Attorney's Office from prosecuting his case. This ruling has significant implications for the legal standards surrounding the disqualification of district attorneys in Texas.
Cousins was convicted of capital murder in a trial that took place after he filed a motion seeking to have the entire Tarrant County Criminal District Attorney’s Office removed from his case. He argued that the office should be disqualified because the presiding judge at the time of his indictment, Robb Catalano, had previously reviewed sealed motions related to his case before becoming the first assistant criminal district attorney. The court's decision means that Cousins will remain in prison without the possibility of parole.
Background
The case began in 2021 when a grand jury indicted Cousins for capital murder. At that time, Robb Catalano served as the presiding judge in Tarrant County Criminal District Court No. 3. During the pretrial phase, Cousins’ defense team filed several motions under seal, which were reviewed and signed by Judge Catalano.
In January 2023, Judge Catalano left the bench to take a position as the first assistant criminal district attorney at the Tarrant County Criminal District Attorney’s Office. In January 2025, Cousins filed a motion to disqualify the office, claiming that Catalano's prior involvement as a judge created a conflict of interest. He argued that Catalano had access to confidential information that could unfairly influence the prosecution.
The Ruling
The Texas Court of Appeals, led by Justice Mike Wallach, ruled against Cousins, stating that the trial court did not abuse its discretion in denying the motion to disqualify the Tarrant County Criminal District Attorney's Office. The court noted that Cousins did not challenge the sufficiency of the evidence against him, which indicated that he was not contesting the facts of the case itself.
The court ruled, "the trial court was without authority to disqualify the Tarrant County Criminal District Attorney’s Office from Cousins’s case and did not abuse its discretion by denying his motion."
During the hearing on Cousins' motion, prosecutor Dale Smith testified that Catalano had no involvement in the case since taking the position at the district attorney's office and had not communicated any information from his time as a judge to the prosecution team. The court found that there was no evidence presented that would warrant disqualifying the entire office based on Cousins' claims.
Impact
This ruling has important implications for future cases involving potential conflicts of interest in Texas. The court emphasized that disqualifying a district attorney's office is a serious matter that should not be done lightly. The ruling reinforces the idea that a trial court has limited authority to disqualify an elected district attorney and their staff unless there is clear evidence of a due process violation.
As a result of this decision, it may be more challenging for defendants to successfully argue for the disqualification of a district attorney's office based solely on prior judicial involvement by a prosecutor. The ruling sets a precedent that the mere fact of a prosecutor's previous role as a judge does not automatically create a conflict of interest that would necessitate disqualification.
What's Next
Cousins has the option to appeal this ruling to a higher court, but details were not available in the court filing regarding any pending related cases. The outcome of this case may influence future legal strategies for defendants facing similar circumstances.