My question involves a traffic ticket from the state of: California
My Trial de Novo was presided by same judge as my TBWD. This seems to be an unfair prejudicial error, as it is unreasonable to assume, and impossible to be certain, that the judge would be detached and act neutrally and without prejudice, in considering whether or not to Decide differently on a case than he already did on that case - and, sure enough, he found me guilty both times.
I am to argue this point in my Appeal Hearing (as I did in my Opening Brief), but I don't know where to find law, decisions, etc that support this notion.
Can anyone please advise or suggest what I can cite during the hearing to support this notion, that having the same judge for both trials was an impropriety that deprived me of my right to Due Process?
Thanks much!
My Trial de Novo was presided by same judge as my TBWD. This seems to be an unfair prejudicial error, as it is unreasonable to assume, and impossible to be certain, that the judge would be detached and act neutrally and without prejudice, in considering whether or not to Decide differently on a case than he already did on that case - and, sure enough, he found me guilty both times.
I am to argue this point in my Appeal Hearing (as I did in my Opening Brief), but I don't know where to find law, decisions, etc that support this notion.
Can anyone please advise or suggest what I can cite during the hearing to support this notion, that having the same judge for both trials was an impropriety that deprived me of my right to Due Process?
Thanks much!
Hearings and Trials: Okay for Same Judge to Decide a Case's Tbwd and Trial De Novo
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