Macri v. Clements & Ashmore, P.A.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reversing habeas court’s judgment granting petition for writ of habeas corpus and ordering new habeas hearing where habeas court improperly refused to allow criminal trial judge to testify
• “Where there is a compelling need for a judge’s testimony as to observed facts in order that justice be done ... a judge is a competent witness and should not be precluded from testifying.”
• “A judge is not disqualified and is a competent witness to testify at a new trial or collateral proceeding to observed facts that occurred before him or her at a former trial or proceeding.”
• “Ajudge is not disqualified and is a competent witness to testify at a new trial or collateral proceeding to observed facts that occurred before him or her at a former trial or proceeding.”
• trial judge could testify at new habeas hearing after remand taking place more than five and one-half years after criminal trial because of unique opportunity to observe petitioner’s demeanor throughout entire trial
• judge may be called to testify upon showing of “compelling need”

Source: CourtListener parenthetical corpus (CC0).