14 results for 'cat:"Judiciary" AND cat:"Due Process"'.
Per curiam, the circuit finds the district court properly disqualified the attorney. The motorcycle gang member who had retained the attorney was charged with several counts of RICO conspiracy. Ample record evidence shows the attorney previously represented a government informant who is a potential witness in the gang member's case. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 20, 2024, Case #: 22-51003, Categories: judiciary, Conspiracy, due Process
J. Moeller grants the public defender's petition for a writ of mandamus arising from the district court's refusal to allow him to appoint a defendant a new attorney due to a conflict of interest. The public defender has the authority to arrange counsel for indigent clients due to a conflict of interest or for any other reason. Other conflicts will be addressed by the newly appointed judge in the matter.
Court: Idaho Supreme Court, Judge: Moeller , Filed On: December 18, 2023, Case #: 50987, Categories: judiciary, due Process
J. Seybert denies a motion to recuse herself from an attorney’s civil rights action alleging due process violations. The attorney tried to argue the judge’s impartiality would be impacted by a working relationship she had with a defendant while working as a judge at the Nassau County District Court over 30 years ago, when the defendant was working as a court officer in the same location. However, the judge has no recollection of the defendant and their relationship at the time was simply professional.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: November 8, 2023, Case #: 2:22cv7398, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, judiciary, due Process
[Consolidated.] J. Menetrez finds the trial court improperly convicted defendant for threatening statements made to judges. Because a judge is not an “executive officer” within the meaning of certain penal code, defendant is not liable under that provision as a matter of law. “Executive officer” unambiguously refers to an officer of the executive branch, of which judges are not a part. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: October 25, 2023, Case #: E079389, Categories: judiciary, Threats, due Process
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J. Mortensen finds that a judge who was previously a defense attorney and had represented defendant should have recused himself before presiding over his probation revocation hearing. Though the judge created an appearance of partiality by failing to disqualify himself, defendant did not show any prejudice and his probation was revoked for multiple violations, an avoidance of probation obligations and an extensive criminal history. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: September 28, 2023, Case #: 20220280-CA, Categories: judiciary, Probation, due Process
[Modified.] J. Codrington modifies a previously published opinion and denies a petition for rehearing with no change in judgment. The trial court was within its discretion to deny the state a continuance to extend the 60-day deadline to try defendant's felony case. A shortage of judges, a chronic backlog and operational delays caused by Covid-19 combined to require the dismissal of charges for assault with a deadly weapon. Affirmed.
Court: California Courts Of Appeal, Judge: Codrington, Filed On: August 2, 2023, Case #: E080076, Categories: judiciary, Assault, due Process
J. Kobayashi dismisses claims by a Hilo resident who alleges he was wrongfully arrested without a warrant, denied bail and had unfair proceedings initiated against him by the case’s judge, prosecutor, public defender and various court employees. Beyond being able to make any claims with plausible relief, the claims against the judge are barred by Eleventh Amendment immunity. He is also unable to show that the attorneys involved maliciously charged him with crimes or failed to properly defend against the charges.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: July 31, 2023, Case #: 1:23cv246, NOS: Other Civil Rights - Civil Rights, Categories: judiciary, Malicious Prosecution, due Process
J. Pyle finds that the trial improperly ruled in contract claims concerning a home sale because the judge showed disdain for plaintiff's claims not only for the damages being sought but due to her gender, and the judge indicated he would not provide relief even in the face of sufficient evidence. Reversed.
Court: Indiana Court Of Appeals, Judge: Pyle, Filed On: July 26, 2023, Case #: 22A-PL-1216, Categories: judiciary, due Process, Contract
J. Valihura finds that the presiding judge properly declined to recuse himself from defendant's trial even though he previously signed and approved a search warrant in the investigation because the record does not suggest prejudice or bias, and a formal recusal motion had not been made before or during trial.
Court: Delaware Supreme Court, Judge: Valihura, Filed On: July 24, 2023, Case #: 253, 2022, Categories: judiciary, due Process
Per curiam, this court issues a dispositional order of affirmance affirming a lower court’s decision to dismiss a case. A procedural error by the lower court — in which the court failed to immediately serve parties with an amended order — did not excuse one party’s later “extreme untimeliness” in filing, not least because that party had in fact learned of the amended order on the very same day the court issued it. Affirmed.
Court: New Mexico Supreme Court, Judge: Per curiam, Filed On: July 13, 2023, Case #: S-1-SC-39399, Categories: Civil Procedure, judiciary, due Process
J. Codrington finds that the trial court was within its discretion to deny the state a continuance to extend the 60-day deadline to try defendant's felony case. A shortage of judges, a chronic backlog and operational delays caused by Covid-19 combined to require the dismissal of charges for assault with a deadly weapon. Affirmed.
Court: California Courts Of Appeal, Judge: Codrington, Filed On: July 11, 2023, Case #: E080076, Categories: judiciary, Assault, due Process
[Modified.] J. Smith changes several sentences in a judiciary opinion and denies a petition for rehearing. The trial court erred in striking a title company's statement of disqualification. The company filed the statement of disqualification a year after the judge accused it of participating in a “name change shell game, trickery…and scheming” to evade payment. No judgment had been entered, and issues of fraudulent transfer, alter ego or successor liability had not been presented. A statement of disqualification for bias is not impliedly waived as untimely under relevant code of civil procedure. “There shall be no waiver of disqualification if…the judge has a personal bias or prejudice.” The title company had also never filed a prior statement of disqualification and the statement was not insufficient on its face.
Court: California Courts Of Appeal, Judge: Smith, Filed On: June 13, 2023, Case #: F084913, Categories: judiciary, due Process
J. Smith grants the title company’s petition for a writ of mandate challenging the trial judge’s alleged improper striking of its statement of disqualification as untimely, insufficient and successive. The company filed the statement of disqualification a year after the judge accused it of participating in a “name change shell game, trickery … and scheming” to evade payment. No judgment had been entered, and issues of fraudulent transfer, alter ego or successor liability had not been presented. A statement of disqualification for bias is not impliedly waived as untimely under relevant code of civil procedure, stating “There shall be no waiver of disqualification if … the judge has a personal bias or prejudice.” The title company had also never filed a prior statement of disqualification and the statement was not insufficient on its face.
Court: California Courts Of Appeal, Judge: Smith, Filed On: May 19, 2023, Case #: F084913, Categories: judiciary, due Process