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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.