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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33734
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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For JD1992: The defendant in preparing his own brief is a

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For JD1992: The defendant in preparing his own brief is a little intimidated by being to critical of the judge. In the guidelines for writing the brief it mentions there can be no contempt of court. In the current situation being pro se he has no choice but to be critical of the trial judge. So it is a little hard to understand what the guideline means. The following is probably the most critical comment in all the propositions:

The court stated he appointed an attorney in the negligent homicide case because it was going to jury trial and it was a serious case. He said this particular case was not quite as complicated and the court was familiar with what normally happens in a drug paraphernalia case, and it’s usually not terribly severe.( Tr 4-5) The court continued: (Tr 5)
(court): But because you had posted a high appeal bond and were going to, you know, be able to come up with extensive costs for a transcript in that case and everything, I just didn’t feel it was appropriate to appoint an attorney in this particular case. (Tr 5) The court was speaking of case xyz as mentioned by the Appellant when he was speaking of paying a high bond and coming up with extensive cost for transcripts.( Tr 2 ) However the transcripts of that case was paid for by the State since the court appointed an attorney as the court mentioned.(Tr 4) The court stated he “just didn’t feel it was appropriate to appoint an attorney in this particular case.” But the fact is the court did appoint an attorney in this case as stated by the Appellant ( Tr 2 ) and documented on the Affidavit , the court -appointed attorney, filed a Motion for Discovery for the Appellant date(O.R. ) He also represented the Appellant for bond appearances on date, date, date and date. A court minute shows he was allowed to withdraw on date.All of that was this case.

Do you think that sounds to disrespectful coming from the Appellant? And what if this case is remanded for new trial, will the defendant have to go throught the same judge after making so many negative comments about him, albeit true comments?
No, it doesn't sound disrespectful. You can complain about the judges action and tell the court that the actions of the judge were against the rules/law, you just can't make personal attacks and things like that.

If the case is remanded you will normally go back to the same judge but they usually are very respectful and nice because they know they can get into trouble if they aren't.

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