What is the test for alleging bias in a judicial officer?

California, United States of America


The following excerpt is from M.B. v. Superior Court, H047772 (Cal. App. 2020):

Second, the mother contends that the judicial officer was biased and references the transcript of a hearing where the court explained its visitation ruling to the minor. The mother's allegation of bias is procedurally barred, however, because the mother did not claim during the six-month status review and section 388 hearing that "the judge should recuse [her]self or that [her] constitutional rights were violated because of judicial bias. 'It is too late to raise the issue for the first time on appeal.' " (People v. Guerra (2006) 37 Cal.4th 1067, 1111, overruled on another ground in People v. Rundle (2008) 43 Cal.4th 76, 151.) The mother's claim also fails on the merits, as there is no evidence in the record that "any judicial . . . bias was so prejudicial that it deprived [the mother] of ' "a fair . . . trial." ' " (Id. at p. 1112.)

Other Questions


What is the test for replacing a judicial officer with a replacement judicial officer? (California, United States of America)
When can a probation officer, parole officer, or peace officer revoke probation and rearrest a person? (California, United States of America)
Can an attorney be disciplined for making unjustified and demeaning allegations against a judicial officer? (California, United States of America)
When a prosecutor from the S.S. District Attorney's Office is called to testify in response to an allegation of sexual assault made against him by his wife, what is the appropriate way to address the allegation? (California, United States of America)
When an officer believes an individual is armed and presently dangerous to the officer or to others, can the officer use force to neutralize the threat of physical harm? (California, United States of America)
In a civil case brought by former Costa Mesa Police Officer and Parole Board member John Sisson, who alleges excessive force, dishonesty and fabrication of evidence, is he seeking discovery of records relating to allegations of excessive force? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
In what circumstances will a defendant bring a motion alleging that a police officer fabricated his allegation of dangerous driving? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.