· 7/8/2010
EVERLING v. State
Citations
- 929 N.E.2d 1281
- 2010 Ind. LEXIS 419
- 2010 WL 2690350
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the “cumulative result” of the trial court’s comments and demeanor toward the defense “demonstrate[d] a lack of impartiality” necessitating a new criminal trial
- noting that “the existence of a judiciary disciplinary complaint, standing alone, does not warrant recusal”
- The “cumulative result of Judge Spencer’s comments, exclusions, and general demeanor toward the defense was a trial below the standard towards which Indiana strives.”
- bias and prejudice violate due process if the judge’s comments are expressed regarding a matter of dispute
- “Adverse rulings and findings by a trial judge from past proceedings with respect to a particular party are generally not sufficient reasons to believe the judge has a personal bias or prejudice.”
- “[a] trial before an impartial judge is an essential element of due process[]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Shepard, Dickson, Sullivan, Boehm, Rucker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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