Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

A judge in shelby county indiana issued a search warrant,

Customer Question
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: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 9 hours by:
12/17/2017
Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,853
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

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.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 126,853
126,853 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

126,853 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
If a police officer says they impounded a vehicle and did a
If a police officer says they impounded a vehicle and did a "inventory" search .. but can not produce that "inventory" search and after viewing the in car video .. you can clearly see that the officer… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
If a judge is disqualified in a related matter, In
In California, if a judge is disqualified per 170.6 in a related matter, does the judge continue to be disqualified in a separate action, but related matter? … read more
Ray
Ray
Lawyer
Doctoral Degree
33,797 satisfied customers
A 19 y/o male was recently found guilty on 5 felony counts.
Hello, a 19 y/o male was recently found guilty on 5 felony counts. Sentencing is set for March 10 in Indiana. The current lawyer is not interested in appealing the verdict. The family is unable to pay… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Defendant is charged with Poss of Controlled Sub in 2003.
Defendant is charged with Poss of Controlled Sub in 2003. Prosecutor files Allegation of Prior Conviction of Felony(Nebraska). In a later motion to Suppress Evid STATE admits that the disposition of t… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
JD, Paul a defendant had 3 charges in 2 cases from
For Paul JD, Paul a defendant had 3 charges in 2 cases from one traffic stop. The court filed an order to consolidate the charges to one case for trial purposes. The defendant elected a jury trial. th… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,853 satisfied customers
Police with a history of illegal search and seizure and old
Police with a history of illegal search and seizure and old vendettas against my husband came to my house with a "failure to appear" warrant on my husband. The alleged arrant had a $250 body attachmen… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
In New Jersey, can there be a motion to suppress evidence
In New Jersey, can there be a motion to suppress evidence happen before evidence is presented? denied from beginning… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,003 satisfied customers
I am seeking guidance on behalf of my brother who is age 66
I am seeking guidance on behalf of my brother who is age 66 serving 30 years which he was sentence 01/19/2012 to prison after serving over 1 year in county jail waiting to be sentence. I obtained him … read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
In Florida, when does the "Fruit of a Poisonous Tree" doctri
In Florida, when does the "Fruit of a Poisonous Tree" doctrine result in a manifest injustice that shocks the conscience of the court?… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
Is it even possible to do a appeal on "Newly Discovered Evidence"
Is it even possible to do a appeal on "Newly Discovered Evidence" with a civil case in Indiana when the suit started on 4/30/07, on 2/19/09 bench trial ,4/12/10 judge rules on trial , then on 11/30/10… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,853 satisfied customers
163. "a categorical rejection of mitigation raises constitutional
163. "a categorical rejection of mitigation raises constitutional concerns." What is the legal definition of mitigation, and what does the above sentence mean in the context of constitutional rights? … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
An appeal is final now. My question is: While the appeal was
An appeal is final now. My question is: While the appeal was pending the judge who did final judgment recused himself due to 3rd prty relations or consanguinity (Fl admin rule 2.330(d)(2) and a new ju… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
recently a friends house was involved in a drug RAID HIS HOUSE
recently a friends house was involved in a drug RAID HIS HOUSE WASNOT THE TARGET HOWEVER WHEN THEY RAIDED A RELATIVES HOUSE WHICH THERE WAS SEaRCH WARRANT THEY DID NOT FIND WHOM THEY WANTED SO THEY RA… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
I was arrested Aug. 6,2009 at the state level. On Oct. 5, 2009
I was arrested Aug. 6,2009 at the state level. On Oct. 5, 2009 a hearing was held to see if the search warrant was legal. The district court judge ruled that it was not and ordered the evidence to be … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Search warrant was signed by a judge for police officers to
Search warrant was signed by a judge for police officers to go in a resident and search for "any edged, bladed, pitch fork, barbeque fork that may have been used in the course of a suspected crime." I… read more
socrateaser
socrateaser
1,031 satisfied customers
Can I get my federal felony conviction for "Possession of Unregis
Can I get my federal felony conviction for "Possession of Unregistered N.F.A. Firearms" overturned and removed from my criminal record, after I have already pled guilty to the charge and served my pri… read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 satisfied customers
I have a case involving jury tampering. Our motion to interview
I have a case involving jury tampering. Our motion to interview the jurors was denied because the judge said we should have known that the person was a relative to the victim because of a scene that h… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
I need to get a judge to recuse himself due to set aside law
I need to get a judge to recuse himself due to set aside law in regards XXXXX XXXXX awards, abusive contempt after it was proven attorney extorted fees i was asking for Motion to reconsider and then d… read more
David Weilbacher, Esq.
David Weilbacher, Esq.
Doctoral Degree
335 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x