Is there any case law where the trial judge did what the state judge did?

MultiRegion, United States of America

The following excerpt is from Johnson v. Vasquez, 3 F.3d 1327 (9th Cir. 1993):

Here the trial judge did what he was supposed to do. He resolved a close question of fact. The state court did the same thing, and its finding of fact on the same issue is presumptively correct. Sumner v. Mata, 449 U.S. 539, 547, 101 S.Ct. 764, 769, 66 L.Ed.2d 722. Now on appeal, the majority tosses all this aside by relying on the voir dire transcript from the state trial court, the transcript of the evidentiary hearing before the district court, and an exhibit. The majority's analysis by which it reaches its result is flawed, and with all due respect its decision is wrong.

Other Questions


In reviewing whether a state trial judge should have sua sponte conducted a competency hearing, can a federal court consider only the evidence that was before the trial judge? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
What is the difference between a trial judge and a jury in a case where the trial judge declined even to examine the documents after reviewing the documents? (MultiRegion, United States of America)
Is a motion for a continuance granted by the trial court on the date of trial on the basis that the trial judge abused his discretion to grant the motion? (MultiRegion, United States of America)
Does the trial judge have the right to ask if he or she would like to be moved to another judge during the trial? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Is the trial judge's failure to inquire the jury as to its exposure to six newspaper articles during the trial? (MultiRegion, United States of America)
When will a trial judge have an advantage over an appellate judge when it comes to assessing the credibility of witnesses? (Canada (Federal), Canada)
What is the test for finding that a trial judge has abused his position by failing to properly supervise a jury in a jury trial? (MultiRegion, United States of America)
Does the scheduling of a personal injury trial by a federal judge exceed its "great deal of latitude" in scheduling trials? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.