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Posted: 7/13/2010 4:05:44 PM EDT
My brother was recently involved in a high profile case that resulted in a conviction. There appears to be a major conflict of interest here,

The prosecuting D.A. was elected to a judge position while trying the case. The case was then moved to another judge, but still in the same county. At the time the D.A. was elected to the judge position. shouldn't the case have been moved out of county due to the fact that the former D.A.(now a judge) could have judidial influence in the case?

The reason I ask is I want to know where to look for the information I need to file a judicial misconduct complaint and move for a mistrial. Trust me, this case was a major miscarriage of justice. Combat wounded Iraqi vet, who survived 18 months of hell, got thrown to the wolves for conviiction numbers.
Link Posted: 7/13/2010 6:14:17 PM EDT
[Last Edit: 7/13/2010 6:17:02 PM EDT by civprod]
I don't believe that to be a conflict of interest so long as he was not the presiding judge over the case after he was elected. There is no requirement that they move a case out of the county to deal with any potential conflict of interest. Around here, they will bring in substitute/new judges all the time if there is a conflict with the normally presiding judge. Very rarely will they move the case to another county because of a potential conflicdt; it is actually pretty difficult to prove that there should be a change in venue (the most common way is that the pretrial publicity poisoned the potential jury pool and ensured that there could not be an impartial jury). The only thing they really have to do is to ensure that a neutral judge presides over the case.
Link Posted: 7/13/2010 6:29:35 PM EDT
Thanks for the info. There are pther circumstances involved that i can't go into right now as an appeal is being filed.
Link Posted: 7/14/2010 7:02:39 AM EDT
Originally Posted By DragonsBane:
My brother was recently involved in a high profile case that resulted in a conviction. There appears to be a major conflict of interest here,

The prosecuting D.A. was elected to a judge position while trying the case. The case was then moved to another judge, but still in the same county. At the time the D.A. was elected to the judge position. shouldn't the case have been moved out of county due to the fact that the former D.A.(now a judge) could have judidial influence in the case?

The reason I ask is I want to know where to look for the information I need to file a judicial misconduct complaint and move for a mistrial. Trust me, this case was a major miscarriage of justice. Combat wounded Iraqi vet, who survived 18 months of hell, got thrown to the wolves for conviiction numbers.


That is not a conflict of interest at all.
Link Posted: 9/10/2010 2:46:27 PM EDT

Originally Posted By spqrzilla:
Originally Posted By DragonsBane:
My brother was recently involved in a high profile case that resulted in a conviction. There appears to be a major conflict of interest here,

The prosecuting D.A. was elected to a judge position while trying the case. The case was then moved to another judge, but still in the same county. At the time the D.A. was elected to the judge position. shouldn't the case have been moved out of county due to the fact that the former D.A.(now a judge) could have judidial influence in the case?

The reason I ask is I want to know where to look for the information I need to file a judicial misconduct complaint and move for a mistrial. Trust me, this case was a major miscarriage of justice. Combat wounded Iraqi vet, who survived 18 months of hell, got thrown to the wolves for conviiction numbers.


That is not a conflict of interest at all.

Yep, no conflict.
Link Posted: 9/15/2010 5:20:24 PM EDT
no conflict
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