1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

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

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    I need to know the process to recuse a judge from a criminal case who is total biased
     
  2. KatDini

    KatDini Well-Known Member

    Messages:
    1,255
    Likes Received:
    288
    Trophy Points:
    83
    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

    Messages:
    34,994
    Likes Received:
    6,044
    Trophy Points:
    113

    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.






     

Share This Page