admissability of previous arrest

[pmcmurtry]

What is the name of your state (only U.S. law)? west virginia

I was the victim of a domestic assault. After direct questioning, the first question on cross was "Have you ever been arrested for domestic battery." I had been aquitted of a domestic battery charge the previous year, but before I could answer, the prosecutor objected to the question. The magistrate looked at the defense attorney and said "you opened the door a crack, I'd like to hear what he has to say." I said I had been aquitted, then the magistrate asked the defendant, who was the alleged victim in the case in which I was aquitted to tell her what happened at the previous trial. After hearing her, the magistrate angrily said she needed a five minute recess and stormed out of the court room. The magistrate has not yet issued a decision in this case, but my question is if I have grounds to have her removed from the case since she not only allowed evidence of a prior arrest, she explored the defendants side of that prior case from the bench.

thanks for your help

 

[CdwJava]

Assuming you are the victim in a criminal case, YOU do not have grounds to do anything about the judge. The DA can take whatever action he or she feels is appropriate if there is a problem here.

You can certainly ask the DA if he or she is going to do something, but the ball is in the DA's court, not yours.

- Carl

 

[seniorjudge]

What is the name of your state (only U.S. law)? west virginia

I was the victim of a domestic assault. After direct questioning, the first question on cross was "Have you ever been arrested for domestic battery." I had been aquitted of a domestic battery charge the previous year, but before I could answer, the prosecutor objected to the question. The magistrate looked at the defense attorney and said "you opened the door a crack, I'd like to hear what he has to say." I said I had been aquitted, then the magistrate asked the defendant, who was the alleged victim in the case in which I was aquitted to tell her what happened at the previous trial. After hearing her, the magistrate angrily said she needed a five minute recess and stormed out of the court room. The magistrate has not yet issued a decision in this case, but my question is if I have grounds to have her removed from the case since she not only allowed evidence of a prior arrest, she explored the defendants side of that prior case from the bench.

thanks for your help

https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/ncic-check-429396.html#post2038256

There is more to this story.

 

[tranquility]

There are not that many rules of evidence. However, the application is often subtle and depends on the specific facts. There is nowhere near enough facts in the OPs post to do more than early issue spotting. But, I do know one thing. The judge knows a lot more about evidence law than the OP does and probably didn't make a grave error.