Maryland 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
Either party may move that the judge recuse him- or herself on the grounds of prejudice or conflict. The moving party bears the burden of proof. The defendant may also move to have the prosecutor recused from a case, but the court may grant such relief only upon an actual showing of conflict of interest.
A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.
If you want to ask the sentencing Judge to modify your sentence, you can do so by filing a "Motion for Reconsideration of Modification of Sentence," or you can write a letter to the sentencing Judge that clearly states your case number, your current sentence, and your reasons for requesting reconsideration or ...
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.
Rule 3-505 - Disqualification of Judge (a) Request for Recusal. A party who believes that a fair and impartial trial cannot be had before the judge to whom the action has been assigned may request the assigned judge to disqualify himself or herself.
Illinois has a simple and effective provision for a Motion for Substitution of Judge as of Right, 735 ILCS 5/2-?1001(2), in civil cases for any reason. ?As of Right? Motions must be filed before any substantive matters have been decided in the case or must be filed pre-?trial, if the parties agree to the motion.
While the terms disqualification and recusal are used interchangeably, such use is a grievous error. If a judge is disqualified under the constitution, he or she is absolutely without jurisdiction in the case, and any judgment rendered by him or her is void, without effect, and subject to collateral attack.
Ohio's change-of-venue rule provides that when an action has been commenced in a county other than one listed as proper in Civil Rule 3(B), the court must, on a party's timely motion raising that defense, transfer the action to a county listed as a proper venue under the Rule. Ohio Civ. R. 3(C).