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Recusal of judge Criminal Trials, Hearings

Discussion in 'Criminal Procedure, Criminal Court' started by Abusedcitizen, Apr 20, 2015.

  1. Abusedcitizen

    Abusedcitizen Law Topic Starter New Member

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    I need to know the process to recuse a judge from a criminal case who is total biased
  2. KatDini

    KatDini Well-Known Member

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    Your attorney would know if it is possible to get the judge recused or not. Probably not, though.
  3. army judge

    army judge Super Moderator

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    Let's start with a LEGAL definition of "recuse" or "recusal".

    YOU can't recuse a judge on mere suspicion alone.

    Mississippi courts have repeatedly emphasized that courts in the state presume that a judge is qualified and unbiased.

    A Mississippi judge is required to disqualify himself or herself if a reasonable person, knowing all the circumstances, would harbor doubts about his or her impartiality.

    Furthermore, while Mississippi’s Supreme Court had, at one time, held that Mississippi appellate courts should review a lower court judge’s decision on disqualification in accordance with a “beyond a reasonable doubt” standard of proof, is now well-settled that recusal is required whenever the evidence produces a reasonable doubt as to a judge’s ability to be impartial.

    I suggest you discuss this matter with a Mississippi licensed attorney, YOUR attorney.

    A person acting "pro se" is not equipped to litigate the recusal of the sitting jurist.


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