Legal Question in Criminal Law in Missouri

discriminatory action

Do I have any legal recourse if I feel (as the plaintiff) that the judge in my criminal case was discriminatory in his restricting evidence/testimony that would have more clearly indicated guilt on the part of the defendant?


Asked on 2/10/08, 2:48 pm

2 Answers from Attorneys

Anthony Smith LawSmith

Re: discriminatory action

You seem to be confused. In a criminal case, the state is the plaintiff. You may have been the victim. Since you are not aparty to the suit, you do not have standing to directly contest the evidenciary decisions of the judge. But, the prosecutor can contest this. If he objected to the decision by the judge,and you can convince him that it was for certian types of discrimination, he may appeal a not guilty verdict.

You may have a cause of action for a civil suit. If you are interested in that, you should make a new positing here with more of the facts of your case, or contact an attorney in your area.

Good Luck

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Answered on 2/10/08, 4:46 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: discriminatory action

First of all, you werer not the "plaintiff" in any criminal prosecution. The case involved the State vs. Someone or the County vs. Someone. Perhaps you were the victim or a witness. In either event, any recourse for judiical error lies with the prosecutor.

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Answered on 2/10/08, 8:52 pm


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