Legal Question in Criminal Law in Indiana
My brother was sentenced for his crime in 2012 he got a 18 due 9 eligible for modification after 4 &1/2 years sentence. My.question is this it is almost time for his modification to come up and the judge the proceeded his case has now retired and the prosecutor that was on the case that originally wanted him to have 120 years for 2 first time meth offences. Well he is now the judge. So wouldn't this be a conflict of interest? I mean he was involved before I don't feel line he would be fair to.him or even think about giving him his modification. Please let me know what you think.
1 Answer from Attorneys
When his attorney requests the modification (they don't automatically "come up"), the attorney should be given these facts and then consider asking the judge to recuse himself due to a conflict.
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