1. Forum
  2. Usenet
  3. MISC.LEGAL.MODERATED

  • Who has locus standi to petition to remove a judge from an ongoing case

    From S K@21:1/5 to All on Thu Oct 28 07:36:01 2021
    the defense and the prosecution, of course.

    Anybody else?

    If you watch the Kyle Rittenhouse case proceedings the senescent judge (74) occasionally shows ANIMAL RAGE towards the prosecutor - facial expressions and tone-of-voice and words ("I can't BELIEVE some of the things you are saying") that simply don't
    belong in the solemn air of a courtroom.

    The case, as is being conducted by this judge, who needs to be retired a.s.a.p., is a travesty on justice.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Barry Gold@21:1/5 to S K on Thu Oct 28 15:06:06 2021
    On 10/28/2021 7:36 AM, S K wrote:
    the defense and the prosecution, of course.

    Anybody else?

    If you watch the Kyle Rittenhouse case proceedings the senescent judge (74) occasionally shows ANIMAL RAGE towards the prosecutor - facial expressions and tone-of-voice and words ("I can't BELIEVE some of the things you are saying") that simply don't
    belong in the solemn air of a courtroom.

    The case, as is being conducted by this judge, who needs to be retired a.s.a.p., is a travesty on justice.


    A) I'm over 74 and not particularly senescent. Well, I sometimes have
    trouble remembering words and names. Then the word/name I'm looking for
    will pop into my consciousness anywhere from half an hour later to the
    next morning. Sigh. Apparently this is normal -- your brain gets so
    stuffed with info that it takes a while to sort through it all.

    B. Only the parties to the case -- the prosecution and the defendant(s)
    have the standing to remove the judge. But this is something that they
    really needed to do before the trail started. It may well be too late
    now, unless they can persuade the judge to recuse himself.

    The problem here is that getting another judge by challenging the
    existing judge would mean starting over, but once the trial started the defendant was "in jeopardy".

    If the judge appeared prejudiced agains the defense, the defense could
    move for a mistrial. In that case, a retrial would be possible (because
    it's the defense asking). But if the judge is prejudiced against the prosecution, the DA (or US Attorney?) is going to just have to take it
    and hope for the best.

    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Stuart O. Bronstein@21:1/5 to Barry Gold on Thu Oct 28 21:18:56 2021
    Barry Gold <[email protected]> wrote:

    A) I'm over 74 and not particularly senescent. Well, I sometimes
    have trouble remembering words and names. Then the word/name I'm
    looking for will pop into my consciousness anywhere from half an
    hour later to the next morning. Sigh. Apparently this is normal --
    your brain gets so stuffed with info that it takes a while to sort
    through it all.

    "I consider that a man's brain originally is like a little empty
    attic, and you have to stock it with such furniture as you choose. A
    fool takes in all the lumber of every sort that he comes across, so
    that the knowledge which might be useful to him gets crowded out, or
    at best is jumbled up with a lot of other things so that he has a
    difficulty in laying his hands upon it. Now the skilful workman is
    very careful indeed as to what he takes into his brain-attic. He will
    have nothing but the tools which may help him in doing his work, but
    of these he has a large assortment, and all in the most perfect
    order. It is a mistake to think that that little room has elastic
    walls and can distend to any extent. Depend upon it there comes a
    time when for every addition of knowledge you forget something that
    you knew before." -Sherlock Holmes, A Study in Scarlet

    --
    Stu
    http://DownToEarthLawyer.com

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roy@21:1/5 to All on Sun Oct 31 06:44:08 2021
    There is a fairly even article by CNN on the judge in the Rittenhouse case.

    One of the facts reported is that the judge "made headlines last week by reiterating his longstanding rule of not allowing prosecutors to refer
    to people as "victims" before juries in his courtroom."

    https://www.cnn.com/2021/10/31/us/kyle-rittenhouse-trial-judge-bruce-schroeder/index.html

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)