13 results for 'cat:"Criminal Procedure" AND cat:"Judiciary"'.
Per curiam, the Supreme Court of Ohio finds the lower court properly granted the judge's motion for summary judgment on the inmate's petition for a writ of mandamus to vacate his criminal convictions. His claim regarding an unsigned affidavit had been rejected by two other courts and, therefore, was barred by res judicata. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 9, 2024, Case #: 2024-Ohio-1753, Categories: criminal Procedure, judiciary
Per curiam, the Supreme Court of Ohio denies the inmate's motion to strike a combined filing made by the common pleas court judge. The filing did not require him to respond to both issues at the same time and, although he filed a late response to one of the claims made by the judge, his failure to comply with deadlines was not the result of prejudice. However, because the inmate prevailed on the merits of one of his numerous filings, the lower court erroneously granted the judge's request to declare him a vexatious litigator. Reversed in part.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 30, 2024, Case #: 2024-Ohio-1614, Categories: criminal Procedure, judiciary
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus against his trial court judge. The court's failure to include the correct number of firearms in its judgment did not render the judgment nonfinal and, therefore, the inmate had an adequate remedy through a direct appeal. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 9, 2024, Case #: 2024-Ohio-1291, Categories: criminal Procedure, judiciary
J. Hood finds a magistrate judge's probable cause hearing is a final order subject to appeal by a criminal defendant. Once a decision is made on whether to bind a case over to criminal court, the magistrate cannot rehear any issue and, therefore, has fully resolved the case. The decision does not become appealable until the magistrate memorializes it in writing; therefore, defendant's appeal was timely filed within 21 days of the written opinion.
Court: Colorado Supreme Court, Judge: Hood, Filed On: March 25, 2024, Case #: 2024 CO 15, Categories: criminal Procedure, judiciary
J. Windhorst finds that the trial court properly denied defendant's motion to recuse the bench of the 24th Judicial District Court on the basis that a judge was related to a victim in this homicide case. The judge testified that he was estranged from the victim, his first cousin, had not seen the victim since 2005, did not go the cousin's funeral, and did not discuss the victim with any member of the bench. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: March 20, 2024, Case #: 23-K-406, Categories: criminal Procedure, judiciary
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J. Tow finds the trial court's decision to stream defendant's criminal trial and prevent any members of his family or the public to be physically inside the courtroom because of the Covid-19 pandemic constituted a partial closure unsupported by the record, but the potential violation of defendant's public trial rights does not rise to the level of a structural error that requires reversal of his convictions. Because the trial court made at least some analysis to support its decision, the appropriate remedy is a remand to allow for complete consideration of all required factors.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: January 25, 2024, Case #: 2024COA9, Categories: criminal Procedure, Fair Trial, judiciary
J. Cunningham finds that the appeals court improperly reversed defendant's convictions, finding his motion for substitution of judge was exempt from being deemed abandoned because the court never ruled on it. Defendant never obtained a ruling on his motion for substitution, and it must be deemed abandoned, otherwise a defendant could knowingly build error into the record by allowing a motion to remain unaddressed. Reversed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: November 30, 2023, Case #: 128474, Categories: criminal Procedure, judiciary
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of prohibition to vacate his sentences for an allegedly unlawful transfer of his underlying criminal case. Any violations of local rules regarding the transfer of the case to a visiting judge should have been brought on direct appeal. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 6, 2023, Case #: 2023-Ohio-3098, Categories: criminal Procedure, judiciary
Per curiam, the appellate court vacates the district court's denial of defendant's motion for expungement due to her failure to pay a $250 processing fee to the Louisiana Bureau of Criminal Identification and Information because this court granted defendant's in forma pauperis status. Vacated.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: June 22, 2023, Case #: 23-KH-204, Categories: criminal Procedure, judiciary