Legal News

Judge Unsuccessful in Attempt to Remove Colleague from Murder Case
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Judge Patrick Connolly of Los Angeles County has been unsuccessful in his attempt to disqualify a colleague from a resentencing case involving a defendant Connolly had previously prosecuted. The motion filed by Connolly was denied by Orange County Superior Court Judge Cheri Pham on the grounds that Connolly did not have standing, as reported by the Los Angeles Times. Although the motion did not succeed, it has raised concerns among ethics experts.

The disqualification motion brought forward by Connolly argued that Los Angeles County Superior Court Judge Daniel Lowenthal should be removed from the case due to alleged prejudgment and bias against law enforcement. Connolly pointed to Facebook posts made by Lowenthal advocating for criminal justice reform, which Connolly claimed showed a predisposition against law enforcement.

Additionally, Connolly’s filing stated that any ruling suggesting mishandling of evidence during the trial would essentially constitute a finding of misconduct against him. This raises the stakes in the case, as it questions the integrity of Connolly’s actions during the trial.

  
What
Where


The central issue in the case revolves around the admissibility of a statement from a confidential informant during the trial of defendant Justin Flint, who was convicted of murder. Flint did not fire the fatal shot that killed an off-duty sheriff’s deputy but was involved in the deputy’s robbery, leading to his conviction. The key question is whether the informant’s statement, which suggested that Flint was acting as a lookout “down the street” and might not have seen the victim’s law enforcement badge, should have been admitted as evidence. Resentencing for Flint hinges on his awareness of the victim’s status as a law enforcement officer.

Start hiring the best legal talent today – submit your job openings with BCG Attorney Search.

In March, Judge Lowenthal expressed concerns that the fairness of the trial may have been compromised due to the failure to disclose the informant’s statement. According to the Los Angeles Times, the informant indicated in his conversation with a co-defendant that Flint was positioned “down the street” during the incident. This information raises doubts about whether Flint knew the victim’s law enforcement status. Failure to perceive the victim’s badge could have significant implications for Flint’s eligibility for resentencing.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




During the original trial, Connolly presented the informant’s statement to the presiding judge, who determined that it should not be admitted as evidence. As a result, ethics experts argue that Connolly cannot be held responsible for failing to disclose exculpatory evidence, as he had already submitted the information to the judge. However, concerns have been raised about the propriety of Connolly’s disqualification motion.

Laurie Levenson, a professor at Loyola Law School in Los Angeles, expressed unease over Connolly’s actions. According to the Los Angeles Times, Levenson emphasized that Connolly, as a sitting judge, is prohibited from commenting on pending cases. The attempt to interfere with another judge’s proceedings raises ethical concerns and presents a challenging dilemma, as judges are expected to uphold impartiality and avoid any appearance of impropriety.



The outcome of this resentencing case has significant implications for the defendant, Justin Flint, and the integrity of the judicial process. The denial of Connolly’s disqualification motion allows Judge Lowenthal to continue presiding over the case. The concerns raised by ethics experts highlight the importance of maintaining the independence and neutrality of the judiciary while ensuring a fair and just legal system.



 

RELEVANT JOBS

Associate Attorney

USA-PA-Exton

ASSOCIATE ATTORNEY McKenna Snyder LLC, a law firm in Exton, PA has an immediate opening for an ex...

Apply now

Attorney

USA-MI-Sturgis

Qualifications: HaasCaywood is seeking associate attorneys for our Coldwater and Sturgis, Michiga...

Apply now

Attorney

USA-MI-Coldwater

Qualifications: HaasCaywood is seeking associate attorneys for our Coldwater and Sturgis, Michiga...

Apply now

Deputy General Counsel / Senior Deputy General Counsel

USA-CA-Sacramento

Cal Cities Culture and Mission Cal Cities is dedicated to creating a collaborative and inclusive ...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Education Law Attorney

USA-CA-El Segundo

El Segundo office of a BCG Attorney Search Top Ranked Law Firm seeks an education law attorney with ...

Apply Now

Education Law Attorney

USA-CA-Carlsbad

Carlsbad office of a BCG Attorney Search Top Ranked Law Firm seeks an education law attorney with 4-...

Apply Now

Education Law and Public Entity Attorney

USA-CA-El Segundo

El Segundo office of a BCG Attorney Search Top Ranked Law Firm seeks an education law and public ent...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top