04-08-2024, 09:16 PM
Ted King wrote:
[quote=special]
There should be something in the constitution to prevent abuse like this.
It's very rare for appeals courts to approve them, but Smith could file a writ of mandamus (as defined by the 11th Circuit Court that oversees Cannon):
Mandamus is available “only in drastic situations, when no other adequate means are available to remedy a clear usurpation of power or abuse of discretion.” Jackson v. Motel 6 Multipurpose, Inc., 130 F.3d 999, 1004 (11th Cir. 1997). For a writ of mandamus to issue, three conditions must be met: first, the party seeking the writ must have no other adequate means of relief; second, the petitioner must demonstrate his or her right to the writ is clear and indisputable;
and third, the issuing court must determine whether a writ is appropriate under the circumstances.
From what I can gather Smith seems to be trying to force Cannon into making a ruling that is so absurd that the 11th Circuit Appeals Court would be more likely to grant him a writ of mandamus but Cannon is stalling on making any rulings until after the trial starts because then if (when) she let him off the hook he couldn't be tried again because of double jeopardy.
As it says above, getting a writ of mandamus is very rare and I'm sure even rarer for such a writ to be successful at having a judge removed from a case, but this all is so egregious that Smith may even try to do a writ of mandamus based on Cannon refusing to rule on motions that he deems essential.
https://www.latimes.com/opinion/story/20...rry-litman