2 total
Motion for trial judge to recuse herself based on comments made during bail hearing dismissed.
The applicant, charged with first degree murder, brought a motion requesting that the trial judge disqualify herself on the basis of a reasonable apprehension of bias.
The applicant argued that comments made by the judge during the applicant's bail hearing and in the reasons for decision demonstrated negative conclusions about the applicant's character.
The court dismissed the motion, finding that the comments were made in the context of assessing the evidence for the bail hearing and did not demonstrate a predisposition or prejudgment of the critical issues for the upcoming jury trial.
Leave granted to cross-examine warrant affiant on police failure to obtain cast-off DNA.
The applicant, charged with first-degree murder, sought leave to cross-examine the affiant of a general warrant that led to the collection of her DNA.
The applicant argued that the police failed to disclose opportunities to collect cast-off DNA without a warrant, which undermined the precondition that the warrant was in the best interests of the administration of justice.
The court applied the Garofoli test and granted leave, finding that cross-examination on the availability of cast-off DNA was necessary to ensure the applicant's right to make full answer and defence.
