Daily Archives: October 16, 2011

Dust Up In The Virgin Islands

So this judge in the V.I. deals with a lying prosecutor, tries to enforce a plea agreement and gets slapped down by a higher court.  He doesn’t like it, says so in a 31 page opinion and recuses himself from the case.  (H/T John Kindley at People v. State)

The reaction of many attorneys to this story is astonishing to me.

Over at Volokh, which is pretty much an attorney haunt, many commenters weighed in on the story with the idea that the judge was out of line, I guess for speaking his mind in an opinion.

Scott Greenfield’s take is very interesting, though.  He kind of likes what the judge did, but with reservations:

In this instance, some might say that’s a good thing.  But then, if Judge Kendall can do it here, what’s to stop another judge, ordered to dismiss an indictment against some notorious bad guy, from refusing to do so because the judge is certain that the defendant is guilty?

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Filed under Judicial lying/cheating, Striking lawyers, wrongful convictions