CHICAGO-(AEAE)-STOLLER HAS NOW FILED A THIRD REQUEST FOR SUBSTITUTION OF JUDGE MARY ANN MASON. The allegation is that she is a bias and prejudice judge and that the Plaintiff cannot get a fair trial before Judge Mason. The first two requests to disqualify Judge Mason have been denied. Stoller's third request has been assigned to Illinois Judge Flynn who has set a July hearing. The provision for substitution of judges is a safeguard used to protect the guarantee of a fair and impartial trial and should be liberally construed to that end. People v. Posey, .
Both the United States and the Illinois Constitutions guarantee litigants procedural due process. U.S. Const., amend. XIV; Ill. Const. 1970, art. I, § 2. Procedural due process requires a fair trial in a fair tribunal, with an absence of any actual bias. In re Murchison, . Neither judge nor jury may be predisposed as to the outcome of a case. Witherspoon v. Illinois, . The courts of Illinois have held that a fair trial is a fundamental right in all cases, and if this right is violated, it is a denial of due process. People v. Finn, Leo Stoller is a constitutional scholar and trademark expert [email protected]
Both the United States and the Illinois Constitutions guarantee litigants procedural due process. U.S. Const., amend. XIV; Ill. Const. 1970, art. I, § 2. Procedural due process requires a fair trial in a fair tribunal, with an absence of any actual bias. In re Murchison, . Neither judge nor jury may be predisposed as to the outcome of a case. Witherspoon v. Illinois, . The courts of Illinois have held that a fair trial is a fundamental right in all cases, and if this right is violated, it is a denial of due process. People v. Finn, Leo Stoller is a constitutional scholar and trademark expert [email protected]
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