From Casetext: Smarter Legal Research

People v. Cardello-Smith

Court of Appeals of Michigan
Nov 2, 2023
No. 367440 (Mich. Ct. App. Nov. 2, 2023)

Opinion

367440

11-02-2023

People of Michigan v. Derrick Lee Cardello-Smith


LC No. 19-000756-01-FC

ORDER

Stephen L. Borrello, Judge, acting under MCR 2.003(D)(3), orders:

The motion to disqualify is DENIED. In my view, appellant has failed to allege grounds that might potentially warrant disqualification under MCR 2.003(C). Moreover, insofar as appellant requests that I either recuse myself or promise in advance-without knowing whether the prosecution may answer the delayed application in this case or what arguments it may raise-that I would rule in his favor if this case was submitted to me for decision, I am precluded from granting such a request under Canon 3(A)(7) of the Code of Judicial Conduct, which provides: "A judge shall not, in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office."

If the moving party requests it in writing addressed to the Clerk's Office, the motion shall be referred to the Chief Judge for decision de novo. MCR 2.003(D)(3)(a).


Summaries of

People v. Cardello-Smith

Court of Appeals of Michigan
Nov 2, 2023
No. 367440 (Mich. Ct. App. Nov. 2, 2023)
Case details for

People v. Cardello-Smith

Case Details

Full title:People of Michigan v. Derrick Lee Cardello-Smith

Court:Court of Appeals of Michigan

Date published: Nov 2, 2023

Citations

No. 367440 (Mich. Ct. App. Nov. 2, 2023)