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A judge in shelby county indiana issued a search warrant,

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A judge in shelby county...
A judge in shelby county indiana issued a search warrant , then after a change of judge( because of conflict between defendants attorney and that judge) was assigned to same judge that issued the search warrant. That same judge saw over a suppression of evidence hearing an attempt at interlocotorg appeal that was denied by appelt, then preside over a trial of 6 jurors and found guilty. Await. The defendant had paid one attorney the second attorney was court appointed neither would file a trial 12 b to recuse the judge. At the defendants request under Paul L. Patterson v indiana cause no 09A02-0909-CR-849 (2016) would there be grounds for mistrial due to ineffective counsle. As indiana cannon 2.11 the judge did not disclose a disqualification to defendt. Would mistrial be successful? Before sentence ing
Submitted: 5 months ago.Category: Legal
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12/17/2017
Lawyer: Law Educator, Esq., Attorney replied 5 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 124,262
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

It is not really a conflict of interest for a judge to sign a search warrant and then hear the suppression case and trial as well, especially a jury trial where the judge did not decide guilt or innocence. The case you are citing was where the judge was the PROSECUTING ATTORNEY who later became a judge and the attorney did not seek to recuse him. In your case, judges sign all sorts of warrants, if they had to recuse themselves every time they signed a warrant in a case and could not hear the case because they signed a warrant there would be a shortage of judges.

The fact he signed the search warrant is NOT a mandatory disclosure of a conflict, like I said, judges as part of their duties sign warrants and hear cases and there are not enough judges to go around to keep removing judges because they signed a warrant on the case they are assigned to have trial on.

So, because your case is a bit different than Patterson, it seems mistrial, would not likely be successful.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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