Legal Question in Criminal Law in Massachusetts

Can the same judge who presided over a criminal trail ( capital Murder) also hear the appeal? Mostly interested in MA and Arkansas


Asked on 3/31/10, 6:01 am

2 Answers from Attorneys

Leonard Milligan Milligan Coughlin LLC

There are no judges that I've heard of that sit on both appellate and trial courts. So, generally, that seems unlikely. And of course, should there be such a judge, there would be an obvious need to recuse him/herself (as Justice Sotomayor did when some of her prior decisions reached the Supreme Court).

However, if by 'appeal', you mean a motion to reconsider or for a new trial, then yes, the same judge would usually hear such an argument.

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Answered on 4/05/10, 6:08 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

It must mean that the trial judge is now an appellate judge.

It depends on the result of the trial, and if it was jury or bench.

Usually, they will, if reminded, recuse themselves.

Call me with any questions.

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Answered on 4/05/10, 8:55 am


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