Tuesday, January 23, 2007

Judges routinely abuse their discretion

From the American Injustice blog:

The Kings Discretion

All that the Dictators and Kings of federal and state governments want from you is your silence.

The Courts of America have Kings for judges. Citizens trying to protect their families and property in court are at the judge's mercy, exercising his/her individual discretion.

The defendant's right to cross examine a witness is limited by the trial judge's discretion and his decision will not be disturbed without a showing of an abuse of that discretion. Cosby v. State, 627 So. 2d 1059 (Crim App. 1993).

Judges routinely ignore State Constitutions and individual constitutional rights when they exercise their discretion. Judges are comfortable and feel within their right, to ignore constitutional protections because of the "Absolute Immunity Doctrine."

See Alabama Constitution. 1901, Article I, § 6:
"The cross-examining party has the absolute right on cross-examination, not only to inquire as to matters relevant to the issues ... but also to inquire into the conduct and circumstances of the witness which have measurable bearing upon his credibility. This right to a party to have thorough and sifting cross-examination is provided by statute."

A defendant's right to a fair and impartial judge is a myth and a protest to the appellate court will be ignored or denied.

The appellant argues that the trial judge erred by continually interjecting himself into the trial. The record does not support the appellant's argument. We have examined the record and have not found any abuse of the trial judge's discretion in the conduct of the trial. Moreover, the trial judge has the duty to move the testimony expeditiously along. Shelton v. State, 384 So. 2d 869 (Ala.Cr.App.), cert. denied, 384 So. 2d 871 (Ala. 1980).

"The trial judge's discretion is a legal or judicial one, subject to review for abuse or improper exercise, as where there has been a violation of some established rule of law or principle of equity, or a clear misapprehension of the controlling law." Martin, 559 So. 2d at 1078. In order to show an abuse of discretion, the appellant must show that "the trial judge committed a clear and palpable error which, unless corrected, will constitute manifest injustice." Id.

Here again, another judge will decide if there is manifest injustice. Judges do not, as a rule, overturn or overrule another judge's decision. Bias and partiality will be in favor of the other judge.

Agreements reached between parties in a divorce proceeding can come back to haunt them. The trial court may utilize the parties' agreement in fashioning its divorce decree, and it may adopt or reject any part of that agreement. Butts v. Butts, 600 So. 2d. 1038((Civ. App. 1992).

A judge can disallow proper evidence claiming it is cumulative. "It is within the trial judge's discretion to exclude evidence . . ." McElroy's Alabama Evidence § 10.07 (4th ed. 1991).

The above found here

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Legislative Constitutional Armageddon


Anonymous Anonymous said...

Talk about abuse of judicial discretion, this guy took his argument of judicial abuse all the way to the Supreme Court.

Judges above the Law

Tuesday, January 23, 2007 10:09:00 AM  

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