Dec 31, 2009 · When I learned last month that Judge Frank M. Coffin had died, I pulled a small book off the shelf and, opening it at random, came upon this passage: “In applying the term collegial to an appellate court, we are using it with maximum precision, for the judges on such a court are a small and intimate band of brothers and sisters . . ..
Jul 15, 2020 · (A) Except as permitted by law,* or by Rules 4.2, 4.3, and 4.4, a judge or a judicial candidate* shall not: (1) act as a leader in, or hold an office in, a political organization;* (2) make speeches on behalf of a political organization; (3) publicly endorse or …
When the Judge Is Wrong. By Florence M. Johnson. "There is no such thing as the judge being wrong." This proclamation was uttered to me by—you guessed it—a judge. It's a judge's job to be right, and ultimately they wear the robes, not you. However, every litigator will eventually encounter a jurist who is undeniably flat-out wrong on an issue.
Jan 31, 2007 · Judge Edward Lee is a former police officer who went to law school and served as a deputy district attorney before becoming a judge in …
Unfortunately, there are times when a judge's misunderstanding or misapplication of the law is material but the issue cannot be remedied via a later appeal. In these circumstances, the rules provide for an interlocutory appeal. Interlocutory appeal is a tool that circumvents waiting for the final decision of the district court, ...
Unfortunately, there are times when a judge's misunderstanding or misapplication of the law is material but the issue cannot be remedied via a later appeal. In these circumstances, the rules provide for an interlocutory appeal.
If you question a ruling against you within court, you may ask the court's permission to brief any issue before a ruling is handed down.
How will the error affect the case's outcome? If a ruling is in doubt, it's best to err on the side of caution: assume every ruling will have an impact on every aspect of the case, from discovery boundaries to use of expert witnesses or the manner in which evidence will be presented at trial.
If a ruling is in doubt, it's best to err on the side of caution: assume every ruling will have an impact on every aspect of the case, from discovery boundaries to use of expert witnesses or the manner in which evidence will be presented at trial. Don't spend too long contemplating this one.
Interlocutory appeal is a tool that circumvents waiting for the final decision of the district court, instead allowing direct appeal to the appellate court while the action is pending. This practice point illustrates the operation of Federal Rules of Appellate Procedure 5.0, below. Rule 5. Appeal by Permission.
(1) To request permission to appeal when an appeal is within the court of appeals' discretion, a party must file a petition for permission to appeal. The petition must be filed with the circuit clerk with proof of service on all other parties to the district-court action.
In a system in which the appellate court generally avoids criticizing the conduct of trial judges, Judge Hugh Mullin III earned the court’s criticism in more than one-third of his 31 cases that were part of the Mercury News examination. That was more than any of his colleagues.
Judges play crucial roles throughout a case. They decide , initially, whether the case is sufficient for the defendant to stand trial. They instruct the jurors, in the end, on the law to be applied in the case, and then impose the sentence. But no role is more crucial than the judges’ handling of issues of evidence.
The first sign that the proceedings seemed biased against her client came when Judge Edward Lee began questioning a witness, attorney Elissa Eckman would later recall. But that hardly prepared her for what happened near the end of the Santa Clara County robbery trial.
The impact of their behavior can be crucial: Judges exert tremendous powers as the arbiters of the courtroom — determining what evidence to admit at trial, guiding the jury with their instructions, and setting boundaries for the prosecution and defense as thorny issues unexpectedly a rise. Often judges use those powers firmly and fairly.
In California, judges at all levels must stand before voters. Judge Edward Lee is a former police officer who went to law school and served as a deputy district attorney before becoming a judge in 1991. In 1998, he presided over the case of Guerrero.
They decide, initially, whether the case is sufficient for the defendant to stand trial. They instruct the jurors, in the end, on the law to be applied in the case, and then impose the sentence. But no role is more crucial than the judges’ handling of issues of evidence.
No transcript was ever prepared. In September 1998, the appellate panel overturned the verdict, ruling that Edwards’ ruling had denied Aleman his constitutional right to effective cross-examination of the witnesses. Clearly, the panel said, Edwards wrongly implied that he had reviewed the witness testimony.
Kelly, an unknown and underfunded retired military judge, rocked the legal establishment by toppling an experienced, well-endorsed, and well-financed Democratic appellate judge, Fred Biery, in the 1990 Supreme Court primary.
Bickel backs Tyson’s campaign with bucks because he likes the way she runs her courtroom. “She’s not a good politician as a judge; a good politician as a judge will let lawyers slide,” he says.
Except in Tyson’s case. The gloves are most definitely off. Take Fred Baron, one of the top trial lawyers in the city, who pulls no punches as he jabs away at the one criticism you hear again and again: She is arbitrary and capricious. “The most important thing in law is predictability.” says Baron.
Rose Spector, a decent and moderate jurist, does not deserve to lose her seat. But lose it she probably will. “Rose Spector’s greatest sin is that she’s a Democrat,” says former bar president Molly Steele. And when it comes to running for judicial office in Dallas County or statewide, that’s the biggest sin of all.