Comments on: Judge’s impartiality questioned in $322 million Mississippi jury verdict

By: June 2 roundup

June 2 roundup — Thu, 02 Jun 2011 14:18:30 +0000

[…] Despite legislated damages cap, jackpot awards continue in Mississippi [Jackson Clarion-Ledger] More problems with that $322 million Mississippi asbestosis verdict [PoL, earlier] […]

By: antiredistributionist

antiredistributionist — Tue, 24 May 2011 18:14:32 +0000

VMS – Judicial disclosure, recusal and disqualification do not work on a retrospective “no harm, no foul” basis.

By: William Nuesslein

William Nuesslein — Sun, 22 May 2011 14:07:31 +0000

The $322 million is ridiculous PERIOD.

By: VMS

VMS — Fri, 20 May 2011 06:20:08 +0000

Was the jury improperly instructed? Were the evidentiary rulings made during trial obviously colored by this alleged impartiality? Did the judge make any inappropriate statements in front of the jury that would have affected the verdict? If no, then no problem.

By: nevins

nevins — Thu, 19 May 2011 23:35:12 +0000

“I would not be surprised it the judge’s experience did not color his view of the case. But if a judge had to disclose every life experience, it would be just a list of lifelong potential positional conflicts in every case.”

Ron; you personally think the judge could be influenced by his family’s experience with the same defendant. The judge is a likely heir of the settlement and have some feelings about the adequacy. Yet you lump this as just some random life experience like a bad haircut that need not be disclosed or considered relevant?
Since everyone on the jury would have to disclose the same, why not the judge?

By: CarLitGuy

CarLitGuy — Thu, 19 May 2011 20:59:15 +0000

Perhaps you would also not object, Ron, if the judge was found to be holding a substantial amount of stock in the defendant’s corporation?

Hopefully, most judges are both fair and impartial, but the appearance of impropriety is to be avoided as well, so as to prevent further erosion of confidence in our judiciary. I’m curious as to how you might have commented in the Massey Energy/Blankenship scandal involving the WV Supreme Court Justices.

By: Bill Poser

Bill Poser — Thu, 19 May 2011 19:46:52 +0000

Ron, a more accurate analogy in a criminal case would be the judge failing to disclose that his parents had been the victims when the defendant had been convicted of the same crime.

By: steve mansfield

steve mansfield — Thu, 19 May 2011 17:33:12 +0000

As a former judge I am appalled that the judge in this case did not disclose pretrial a blatantly obvious appearance of bias.

By: Ron Miller

Ron Miller — Thu, 19 May 2011 17:21:34 +0000

Does a judge tell the parties in a criminal case he used to be a prosecutor? Or that his dad was a police officer? Or that his mother was a defendant in an auto accident case?

I would not be surprised it the judge’s experience did not color his view of the case. But if a judge had to disclose every life experience, it would be just a list of lifelong potential positional conflicts in every case.