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It must be nice to live in a world where you appoint your own judge. It’s time for Smith to take action. A judge can be removed in “any proceeding in which his impartiality might reasonably be questioned.” This is not impartiality.
https://casetext.com/statute/united-states-code/title-28-judiciary-and-judicial-procedure/part-i-organization-of-courts/chapter-21-general-provisions-applicable-to-courts-and-judges/section-455-disqualification-of-justice-judge-or-magistrate-judge
Smith has been working on getting this crazy Judge removed for a while…
He hasn’t filed anything yet. She was way off base asking for jury instructions so early. Not to mention the PRA pre-trial defense was struck down without prejudice, meaning the defense may use it in the trial. Removing the trial from the calendar entirely is the icing on the cake.
He certainly has and has a history of doing so.
He hates her for all the right reasons, and is doing anything he can to get her removed from the case.
Edit: tbf, so is she
He has absolutely pushed back on her requests and challenged her decisions. He hasn’t done anything to get her removed yet. That would be filing a motion for recusal based on lack of impartiality.
From what I've heard he only gets one shot at a motion for recusal, so he's waiting until there's no chance the recusal will be denied.
Or so I hope
Well it seems like he kept his powder so dry it blew away in the breeze.
Thanks for the new phrase
This ruling from her may have been the last straw he was waiting for before he files the motion for her to recuse.
He gets one shot at this, and he better not miss. That’s why he’s waiting until he has the absolute best chance he can have.
The "without predujice" term reminds me of sovcits
Without prejudice is a legal term.
If something is denied without prejudice it means it was denied for some sort of procedural reason. As the underlying question of law hasn't been ruled on, you are free to refile after correcting whatever error got it denied.
If something is denied with prejudice, it cannot be refiled as the judge made a judgment on the legal claim and denied it on that basis.
At this point she should be considered an accessory to his crimes.
The judges impartiality is in question. The judge is demonstrating partiality to one side of the case.
Impartiality would imply that she's not partial to one side or the other when she's clearly favoring the defendant.
That is correct. I corrected my error.
They can be removed but then the next guy mysteriously falls out of a window.