Criminal Defense of Immigrants


§ 11.77 (D)

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(D)  Disqualification of Original Judge.  Under some states’ law, in California, for example, after a successful appeal resulting in the vacation of a conviction, the appellant may exercise his or her statutory right to disqualify the original judge,[460] even if s/he has already exercised this right once during the original proceedings.[461]  The intent of this statute is to protect a successful appellant from retaliation by a judge whose rulings have been reversed on appeal.[462]  The same rule should logically apply as well after a conviction has been reversed using other post-conviction vehicles.

[460] California Code of Civil Procedure § 170.6(2).

[461] People v. Superior Court (Maloy), 91 Cal.App.4th 391 (2001).

[462] Ibid.