Vox Populi

Posts Tagged ‘Judge recusal’

On Point with a Michigan judge

In buying elections, Campaign Finance, Court recusal, medical malpractice, MI Supreme Court on August 18, 2010 at 2:23 pm
On Point
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On Point with Tom Ashbrook, an NPR talk show out of Boston, featured not only an hour discussing the influence of campaign monies in judicial elections, it also featured a cameo from Justice Taylor (the only sitting Chief Justice to lose an election–scandal).

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Who will be the first to recuse herself from the MI Supreme Court?

In Campaign Finance, Court recusal, Get the Ca$h, MI Supreme Court, Uncategorized, undo tort reform on November 30, 2009 at 7:51 pm

In response to our recent article on the newly-enabled ability to ask (and actually have the teeth to receive) a judge’s recusal, prompted the following explanation.  It was too good to leave unread in the comments (Video can be found here):

The first case to be decided under the new recusal rule may be People v Alexander Aceval, where the recusal of former Wayne County Circuit Judge/now Michigan Supreme Court Justice Diane Hathaway is sought by the defense in a Motion filed 10-16-09.

Aceval’s attorneyDavid L. Moffitt alleges that a vertically integrated perjury conspiracyby Wayne County Circuit Judge Mary Waterstone, Wayne County Prosecutor’s Office Drug Unit Chief Assistant Prosecutor Karen Plants, and two Inkster Police Officers, wrongfuly convicted Aceval with perjured testimony in 2006. APA Plants and Judge Waterstone made secret, ex-parte transcripts of their operation of the conspiracy, that unexpectedly subsequently came to light.

Moffitt has also requested the appointment of a temporary alternate Justice to break the tie, remand to a Court of Appeals Special Panel, and disclosure of the circumstances of Justice Corrigan’s recusal, which Moffitt alleged may have been deliberately sought by the perjury-conspirators to “heighten the hurdle,” i.e. needing 4 out of 6 instead of 4 out of 7 Justices, to grant the Application for Leave. Details of the case, media coverage, and briefs and transcripts, are available at davidlmoffitt.com.

Aceval’s Application For Leave To Appeal the conviction to the Michigan Supreme Court was denied 9-25-09 in a 3-3 deadlock, across “party lines,” with Justice Corrigan recusing herself to testify as a character witness in a potential future trial of pending criminal charges against Waterstone, Plants and the officers brought by the Michigan Attorney General arising out of Aceval’s case.

Upon rehearing, Moffitt has moved to disqualify Justice Hathaway, alleging that her ojectivity could reasonably be questioned where scrutiny of wrong-doing in Aceval’s case has moved to the highest levels of Wayne County Prosecutor Kyn Worthy’s office, where Hathaway’s ex-husband Richard is Chief Assistant, and where she must directly rule upon the propriety of conduct of former Third Circuit, Criminal Division co-colleagues that took place when she served with them on that bench.

Briefs, transcripts, and media coverage of the case are archived at davidlmoffitt.com.

How Tort Reform Ruined Texas – PT. 2/2

In broken tort reform, Uncategorized, undo tort reform on November 12, 2009 at 9:20 pm

How Tort Reform Ruined Texas – PT. 1/2

In broken tort reform, Campaign Finance, Court recusal, undo tort reform on November 12, 2009 at 9:04 pm

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more about “How Tort Reform Ruined Texas – PT. 1/2“, posted with vodpod

 

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