Legal News

'Caperton' exonerates recusing/nonrecusing judge

By Richard Binder

Relying on last year's U.S. Supreme Court ruling in Caperton v. Massey, the California Supreme Court ruled on Thursday that a judge did not violate a defendant's due process rights by overseeing her criminal trial after initially recusing himself from the case.

The case involved Marilyn Kaye Freeman, an attorney whose 14-year-old daughter was placed in a foster home after reporting to police that her mother had assaulted her. While in custody on various charges Freeman asked San Diego Superior Court Judge Robert O'Neill to review her bail and address recent rumors that she was stalking Judge Harry Elias, who was overseeing her dependency court hearings. Noting that Elias was a friend he had known for 23 years, O'Neill recused himself, only to take up the case again after the rumors were found to be unsubstantiated. 

Freeman was found guilty on all charges, but then an appellate court reversed the conviction on the grounds that O'Neill should have disqualified himself from the case entirely.  But, in the interim, then came Caperton.

Full story at NLJ.com.

Full post as published by Legal Pad | LA on January 25, 2010 (boomark / email).