Robert Hughes
New member
CAN ONE SUBPOENA A JUDGE AS A WITNESS IN A CRIMINAL PROCEEDING?
A defendant in California is charged with a Felony: 245(a)(1) Assault with a deadly weapon – A dispute between two neighbors over yard work – A leaf blower versus a steel garden rake!!
Two days after incident, Defendant and Plaintiff filed Temporary Restraining Orders against each other on same day. The TROs were heard simultaneously by a judge, albeit it in a different division than the criminal proceeding. Before the TRO hearings started, the judge swore himself in as well as the bailiffs and clerks, in case, as the judge stated, “We are subpoenaed in future for the felony proceeding…”
The hearing lasted 1 ½ hours and evidenced entered – NO COURT REPORTER – The judge ruled in favor of the Defendant and granted a 3 year Restraining Order against Plaintiff, and the Plaintiff’s Restraining Order was DENIED!
The defendant’s case is proceeding to trial with a Public Defender, but no one, even a seasoned prosecutor and defense lawyer can answer this question!
CAN THE JUDGE THAT HEARD THE TRO HEARINGS BE SUBPOENAED AS A WITNESS IN THE CRIMINAL PRCEEDING? AND IF THE ANSWER IS NO, WHY DID HE SWEAR HIMSELF IN, AS WELL AS THE BAILIFFS AND CLERKS?
And I repeat, there was no court reporter, although obtained Minutes affirming above.
At time if incident only one man was aressted & charged with the felony assault - the Defendant - Although the Sheriffs said they will probably arrest the other neighbor who had to go to the emergency room for a 1 inch laceration.
Therefore to clarify - the judge at the TRO hearings ruled in favor of the Defendant charged with the felony by granting his TRO for 3 yrs against the Plaintiff, and hte Plaintiff's TRO against the Defendant was DENIED! In other words, the judge saw all the evidence and ruled in favor of the Defendant charged with the felony - Hence the question, can the judge that heard the TRO hearings be subpoeaed in the criminal trial as a defense witness? The crimianl proceedings are in progress against the defendant? The criminal proceedings against Defendant are in progress as of this date...
Therefore to clarify - the judge at the TRO hearings ruled in favor of the Defendant charged with the felony by granting his TRO for 3 yrs against the neighbor/Plaintiff, and the Plaintiff's TRO against the Defendant was DENIED! In other words, the judge saw all the evidence and ruled in favor of the Defendant charged with the felony - Hence the question, can the judge that heard the TRO hearings be subpoenaed in the criminal trial as a defense witness for the Defendant? The criminal proceedings are in progress against the defendant and moving towards trial as of this date the question was su
Therefore to clarify - the judge at the TRO hearings ruled in favor of the Defendant charged with the felony by granting his TRO for 3 yrs against the neighbor/Plaintiff, and the Plaintiff's TRO against the Defendant was DENIED! In other words, the judge saw all the evidence and ruled in favor of the Defendant charged with the felony - Hence the question, can the judge that heard the TRO hearings be subpoenaed in the criminal trial as a defense witness for the Defendant? The criminal proceedings are in progress against the defendant and moving towards trial as of this date the question was
None - For some reason the last paragraph has been repeated several times - Sorry!
A defendant in California is charged with a Felony: 245(a)(1) Assault with a deadly weapon – A dispute between two neighbors over yard work – A leaf blower versus a steel garden rake!!
Two days after incident, Defendant and Plaintiff filed Temporary Restraining Orders against each other on same day. The TROs were heard simultaneously by a judge, albeit it in a different division than the criminal proceeding. Before the TRO hearings started, the judge swore himself in as well as the bailiffs and clerks, in case, as the judge stated, “We are subpoenaed in future for the felony proceeding…”
The hearing lasted 1 ½ hours and evidenced entered – NO COURT REPORTER – The judge ruled in favor of the Defendant and granted a 3 year Restraining Order against Plaintiff, and the Plaintiff’s Restraining Order was DENIED!
The defendant’s case is proceeding to trial with a Public Defender, but no one, even a seasoned prosecutor and defense lawyer can answer this question!
CAN THE JUDGE THAT HEARD THE TRO HEARINGS BE SUBPOENAED AS A WITNESS IN THE CRIMINAL PRCEEDING? AND IF THE ANSWER IS NO, WHY DID HE SWEAR HIMSELF IN, AS WELL AS THE BAILIFFS AND CLERKS?
And I repeat, there was no court reporter, although obtained Minutes affirming above.
At time if incident only one man was aressted & charged with the felony assault - the Defendant - Although the Sheriffs said they will probably arrest the other neighbor who had to go to the emergency room for a 1 inch laceration.
Therefore to clarify - the judge at the TRO hearings ruled in favor of the Defendant charged with the felony by granting his TRO for 3 yrs against the Plaintiff, and hte Plaintiff's TRO against the Defendant was DENIED! In other words, the judge saw all the evidence and ruled in favor of the Defendant charged with the felony - Hence the question, can the judge that heard the TRO hearings be subpoeaed in the criminal trial as a defense witness? The crimianl proceedings are in progress against the defendant? The criminal proceedings against Defendant are in progress as of this date...
Therefore to clarify - the judge at the TRO hearings ruled in favor of the Defendant charged with the felony by granting his TRO for 3 yrs against the neighbor/Plaintiff, and the Plaintiff's TRO against the Defendant was DENIED! In other words, the judge saw all the evidence and ruled in favor of the Defendant charged with the felony - Hence the question, can the judge that heard the TRO hearings be subpoenaed in the criminal trial as a defense witness for the Defendant? The criminal proceedings are in progress against the defendant and moving towards trial as of this date the question was su
Therefore to clarify - the judge at the TRO hearings ruled in favor of the Defendant charged with the felony by granting his TRO for 3 yrs against the neighbor/Plaintiff, and the Plaintiff's TRO against the Defendant was DENIED! In other words, the judge saw all the evidence and ruled in favor of the Defendant charged with the felony - Hence the question, can the judge that heard the TRO hearings be subpoenaed in the criminal trial as a defense witness for the Defendant? The criminal proceedings are in progress against the defendant and moving towards trial as of this date the question was
None - For some reason the last paragraph has been repeated several times - Sorry!