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Authored by: webster on Wednesday, July 18 2012 @ 12:35 PM EDT |
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____"If case is remanded and the Judge refuses to recuse himself who would
the appeal be toand how would it be decided?"__________
Elaboration: If the case is remanded back to Judge Motz, and Novell moves to
have Motz recuse himself, and if Motz denies the motion, then Novell would
appeal a third time to the Court of Appeals. That appeal could
"possibly" be before trial or after trial, if they lose it, in due
course. So it is to be appealed and decided just as any other issue.
_______"Could bias on the part of the Judge be part of appeal?"______
Yes, but you have to raise it with the Judge to preserve the issue on appeal.
So if they allege bias in the motion to recuse or at any other time, Motz would
have to rule on it. They would then appeal his denial. If there was a gross
instance of bias, The appeals court can do what they want.
__________"Could the appeals court remand and order the case
reassigned?"__________
Yes.
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