Judge will not be removed, prosecutors move to admit blood draw in Kent Cody Barlow trial d in its bid to get the judge presiding over the case removed. Despite repeated motions attempting to disqualify Fourth District Court Judge Robert Lund , he will preside over Barlow ’s September murder trial.
The defense argument as such contends that Lund is biased against their client because Judge Lund made these orders before he announced his decision to order Barlow to stand trial on two counts of first-degree murder under a depraved indifference theory. Under previous County Attorney David Leavitt, Barlow was charged with two counts of manslaughter.
He further wrote, “The fact that the Court has repeatedly required that a trial setting be in place for this case even before the normal course of pretrial litigation that follows a preliminary hearing is more fully developed, says something.”Additionally, Aldana wrote that, “It therefore seems likely that all along, and obviously on May 17, 2024, the Judge had already prejudged this case.
Judge Powell in his “Ruling and Order on Motions to Disqualify Judge and Motion to Vacate Ruling and Order wrote, “The wording on Criminal Rule 29 could not be clearer: No party may file more than one motion to disqualify in an action. For this reason, defendant’s second motion to disqualify and third motion to disqualify are invalid.”Evershed says, “Under the rules of criminal procedure you can only have one bite at that apple.
Source: Law Daily Report (lawdailyreport.net)
Trial Lund Motion Murder Defense Bias Judge
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