Massachusetts Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions
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How to fill out Motion For Recusal And Change Of Venue Due To Co-Defendant's Prior Criminal Convictions?
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FAQ
Rule 29(a)(1), Illegal Sentences, provides that, within 60 days after a trial judge imposes a sentence, either the Commonwealth or the judge may move to revise or revoke that sentence if any part of the sentence is illegal.
Any person who is imprisoned or whose liberty is restrained pursuant to a criminal conviction may at any time, as of right, file a written motion requesting the trial judge to release him or her or to correct the sentence then being served upon the ground that the confinement or restraint was imposed in violation of ...
The judge on motion of a defendant or on his own motion shall enter a finding of not guilty of the offense charged in an indictment or complaint or any part thereof after the evidence on either side is closed if the evidence is insufficient as a matter of law to sustain a conviction on the charge.
When filing a motion to recuse, the document must state the specific grounds for which the judge should be disqualified. If the motion is granted, the judge is removed from the case. If the MTR is denied, the judge remains on the case.
How to Recuse: Name. Position & agency. Describe the nature of your conflict. Indicate that you are recusing from participation. Sign the memo or form under penalty of perjury.
When filing a motion to recuse, the document must state the specific grounds for which the judge should be disqualified. If the motion is granted, the judge is removed from the case. If the MTR is denied, the judge remains on the case.
The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the case's outcome. Where there is otherwise a strong possibility that the judge's decision will be biased.
To disqualify or withdraw (oneself or another person) from any position of judging or decision-making so as to avoid the appearance of personal interest or bias: The senator has recused himself from the vote because of his prior association with the company.