posted 2017 | State v. JR
This is why you need a lawyer who is willing to fight hard for his clients, even if it means challenging a judge. Client was charged with armed burglary and fifty-five counts of grand theft of a firearm. After reviewing the case, Mr. Forman determined that several motions had to be filed in order to reduce the charges and exclude the evidence discovered upon a unlawful search. However, before filing the motions, Mr. Forman discovered that the judge’s spouse was a detective for the same police agency who arrested the client. The judge did not disclose this critical fact.
Upon learning of this fact, Mr. Forman knew that his client’s motions would never be granted because the credibility of the officers would be challenged. Mr. Forman filed a motion to disqualify the judge, arguing that the client was afraid that he would not receive a fair hearing. Surprisingly, the judge denied the motion. Based on his past experience, Mr. Forman knew that an appeal would get the job done. As expected, Mr. Forman won the appeal and his petition for writ of prohibition was granted! The client was thrilled and is hopeful for a fair resolution.