Legal Opinion · Dissent

State v. Vandiver

Court of Criminal Appeals of Alabama

Decided August 18, 2006No. CR-05-1511Published

1DissentBaschab, Judge

In this case, Judge Hester certainly had an interest in making sure that there was not any misbehavior in her courtroom. After Vandiver committed an assault in her courtroom, she acted properly in holding him in contempt of court and in reporting the incident to corrections officials. However, when she requested that corrections officials increase Vandiver’s custody classification, she stepped outside of her judicial role and exhibited what a reasonable person might perceive as bias against Vandiver. See Canon 3.C.(1), Alabama Canons of Judicial Ethics.

“We do not question [the judge’s]…

2Cases cited2 opinions

  1. Ex Parte AtchleyCourt of Criminal Appeals of Alabama · 2006
  2. Ex Parte FowlerCourt of Criminal Appeals of Alabama · 2001

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