jurisrschr
Junior Member
What is the name of your state? California
Here is the scenario: A case is overturned on appeal because of a judge promising to instruct on appropriate law during a charge conference preceding closing arguments but then during the actual instructions to the jury the judge essentially redefines the law on his own initiative. This post closing argument change in the law by the judge caused the defense counsel to essentially convict his own client during his closing argument (which was predicated upon the judge instructing on the appropriate law as was promised at the charge conference -) Defense counsel objected throughout and the trial court judge refused to instruct on the governing law as was promised during the charge conference before closing arguments. The major error then results in a term of incarceration to the defendant until the reversal of the conviction on appeal. The Appeals Court blasts the trial judge for his actions. Does the defendant have any recourse against the trial judge of the state? If so, what?
Here is the scenario: A case is overturned on appeal because of a judge promising to instruct on appropriate law during a charge conference preceding closing arguments but then during the actual instructions to the jury the judge essentially redefines the law on his own initiative. This post closing argument change in the law by the judge caused the defense counsel to essentially convict his own client during his closing argument (which was predicated upon the judge instructing on the appropriate law as was promised at the charge conference -) Defense counsel objected throughout and the trial court judge refused to instruct on the governing law as was promised during the charge conference before closing arguments. The major error then results in a term of incarceration to the defendant until the reversal of the conviction on appeal. The Appeals Court blasts the trial judge for his actions. Does the defendant have any recourse against the trial judge of the state? If so, what?
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