Thursday, September 5, 2024

 lots here about judges i had no idea about;


In Rippo v Baker 589 US _, 137 S. Ct. 905, 197 L. Ed. 2d 167 (2017), the United States Supreme Court held that the Nevada Supreme Court erred by requiring evidence of actual bias to demand a judge’s recusal. The Court held that evidence of actual bias is not required to demand recusal of a judge. In this case, Rippo was sentenced to death after a Nevada jury convicted him of first-degree murder along with other charges.

Upon discovering that his trial judge may have been involved in federal bribes, Rippo suspected that the district attorney’s office was investigating the case. Rippo made a motion to disqualify the judge under the Due Process Clause of the Fourteenth Amendment, stating that it was impossible for a judge to impartially adjudicate a case in which one of the parties was investigating him, but the judge declined to recuse himself. The trial judge was indicted on federal charges, and a new judge denied Rippo’s motion for a new trial.

On appeal, the Nevada Supreme Court affirmed the decision, holding that Rippo did not have evidence that state authorities were involved in the investigation. Pointing to documents from the judge’s own trial that supported his claim that the district attorney’s office had been involved with the investigation, Rippo sought postconviction relief. The court denied relief, and the Nevada State Supreme Court affirmed showing how courts hold that judges are really above the law.

Analysis: In Bracy v. Gramley 520 U.S. 899 (1997), a U.S. Supreme Court case involving a judge who accepted bribes to rule in favor of some defendants and against others who did not bribe him, the Court held that the petitioner was entitled to a discovery hearing. Although the nature of the case was speculative, the petitioner had alleged facts suggesting that his defense counsel may have schemed with the judge to rush the trial. The Nevada Supreme Court held that, unlike Bracy v. Gramley, since Rippo’s allegations did not support the assertion that the trial judge was actually biased, Rippo was not entitled to an evidentiary hearing.........more......

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