Victor Mignogna v. Funimation Productions, LLC, et al. (2019) - Vic's lawsuit against Funimation, VAs, and others, for over a million dollars.

[theworstkindofeurofag]

Is there a legal way for Ty to request the trial to be held under the control of a different judge? The longer I look at Chupp's behavior, the more I think there's no way that a fair trial would be possible with Chupp as the judge. Even with a jury.

I mean, I know there's a way, but how high would the possibility be for Ty's request or motion for a new judge to be granted?

 

[Iron Hamster]

Is there a legal way for Ty to request the trial to be held under the control of a different judge? The longer I look at Chupp's behavior, the more I think there's no way that a fair trial would be possible with Chupp as the judge. Even with a jury.

I mean, I know there's a way, but how high would the possibility be for Ty's request or motion for a new judge to be granted?

I guess he could ask for recusal but if it isn't granted I could see it working against him.

 

[AnOminous]

Is there a legal way for Ty to request the trial to be held under the control of a different judge? The longer I look at Chupp's behavior, the more I think there's no way that a fair trial would be possible with Chupp as the judge. Even with a jury.

I mean, I know there's a way, but how high would the possibility be for Ty's request or motion for a new judge to be granted?

He could file a motion for recusal, although those aren't viewed well if they only occur after adverse rulings. It would have to be based on his conduct and not his rulings themselves. The basis for it is thin. While he might actually welcome the opportunity to get out of this shitshow, it's generally imprudent to file one of these if you aren't fairly sure it will be granted either by the judge (or the appeals court) because if it isn't, you now have the same judge and he's even more pissed off than he was.

It may be worth doing if it preserves the issue for appeal. I can't see any really good basis for it, though.

 

[Bender]

He could file a motion for recusal, although those aren't viewed well if they only occur after adverse rulings. It would have to be based on his conduct and not his rulings themselves. The basis for it is thin. While he might actually welcome the opportunity to get out of this shitshow, it's generally imprudent to file one of these if you aren't fairly sure it will be granted either by the judge (or the appeals court) because if it isn't, you now have the same judge and he's even more pissed off than he was.

It may be worth doing if it preserves the issue for appeal. I can't see any really good basis for it, though.

If Chupp gets a writ of mundungus due to the appeal would a motion for recusal be looked at more favourably/more likely to pass?

 

[AnOminous]

If Chupp gets a writ of mundungus due to the appeal would a motion for recusal be looked at more favourably/more likely to pass?

You can't get a writ of mandamus from an appeal. They're two different things.

 

[10SorrowfulObject]

Is there a legal way for Ty to request the trial to be held under the control of a different judge? The longer I look at Chupp's behavior, the more I think there's no way that a fair trial would be possible with Chupp as the judge. Even with a jury.

I mean, I know there's a way, but how high would the possibility be for Ty's request or motion for a new judge to be granted?

Motion to recuse would be rejected because the only "bias" that Chupp has demonstrated is that he thinks Vic's case DOA. That's not bias, that's judging. The bases for recusal are a personal prejudice (if Chupp had said that he hates Vic/believes Monica/Jamie), having personal knowledge about disputed facts, or one of his family members had a financial interest. None of these are apparent.

Ty's incompetent but I'd be surprised if he went that far (if the appeal succeeded, which it won't).

He could also, theoretically, petition for a writ of prohibition. That'd be even more ludicrous.

 

[secondclass]

Is there a legal way for Ty to request the trial to be held under the control of a different judge? The longer I look at Chupp's behavior, the more I think there's no way that a fair trial would be possible with Chupp as the judge. Even with a jury.

I mean, I know there's a way, but how high would the possibility be for Ty's request or motion for a new judge to be granted?

Nah, you can't just ask for a new judge.

Ty and #ISWV could find a popular young lawyer in Fort Worth and fund his primary campaign in 2022 (when Chupp is up for re-election). These elections are generally very low-profile, so it wouldn't be that hard. Chupp has only run an opposed race once (in 2010), and he raised ~$40k in contributions.

But since the election route means waiting until January 2023 for a new judge to get seated, the political process may take too long to help this case.

 

[Garm]

Nah, you can't just ask for a new judge.

Ty and #ISWV could find a popular young lawyer in Fort Worth and fund his primary campaign in 2022 (when Chupp is up for re-election). These elections are generally very low-profile, so it wouldn't be that hard. Chupp has only run an opposed race once (in 2010), and he raised ~$40k in contributions.

But since the election route means waiting until January 2023 for a new judge to get seated, the political process may take too long to help this case.

Well, we would be doing the area a service of removing a crappy judge. Though that would mean that the farms became similar to the Koch brothers.

 

[10SorrowfulObject]

Nah, you can't just ask for a new judge.

Ty and #ISWV could find a popular young lawyer in Fort Worth and fund his primary campaign in 2022 (when Chupp is up for re-election). These elections are generally very low-profile, so it wouldn't be that hard. Chupp has only run an opposed race once (in 2010), and he raised ~$40k in contributions.

But since the election route means waiting until January 2023 for a new judge to get seated, the political process may take too long to help this case.

Good fucking lord, judicial elections are stupid and it's for exactly this reason.

Procedurally, any judge you run against Chupp would not be able to express any position for/against the case (and it wouldn't last that long), if they did they'd have to recuse themselves. Moreover, that wouldn't solve the problem where the facts and the law are solidly against Vic's case.

 

[Bender]

You can't get a writ of mandamus from an appeal. They're two different things.

So how does someone end up being given a writ of mandamus? I thought it was mentioned earlier that it comes from appellate court or some shit. Then again there's so many Latin words and legal jargon being thrown around in this thread that I'm finding it all hard to follow, I think we need a glossary for us people who don't know anything about the legal system.

 

[AnOminous]

So how does someone end up being given a writ of mandamus?

There has to be no effective remedy available on appeal and you have to file a petition for a writ of mandamus, which isn't an appeal but an original proceeding.

 

[Garm]

There has to be no effective remedy available on appeal and you have to file a petition for a writ of mandamus, which isn't an appeal but an original proceeding.

I think he was asking more of a "when" do you file it? In the middle of a trial when something so absurd happens that you have to bring the case to a halt to fix it?

 

[AnOminous]

I think he was asking more of a "when" do you file it? In the middle of a trial when something so absurd happens that you have to bring the case to a halt to fix it?

It's not a matter of how bad it is, but whether it can be remedied on appeal along with any other errors made during trial. It's not some kind of super-appeal for really bad decisions, but for when the error can't be corrected any other way.

 

[Dr. Geronimo]

But since the election route means waiting until January 2023 for a new judge to get seated, the political process may take too long to help this case.

Outliving Lemoine would be quicker.

 

[secondclass]

Outliving Lemoine would be quicker.

Then here's another, vodka-soaked idea. Spam the internet in a campaign to get Chupp promoted. He's like ~47 years old, which is the target age for an appointment to a federal court or state appellate court (the Texas governor appoints people to fill vacancies, which is how Chupp got his current job). Most judicial appointees are in their 40's or early 50's.

If there was a sudden internet upswell for the Wise Jurist Chupp to be properly recognized and appointed to higher office, perhaps the powers that be would notice and promote him.

Then Vic's case would be reassigned to someone else.

 

[AnOminous]

Then here's another, vodka-soaked idea. Spam the internet in a campaign to get Chupp promoted. He's like ~47 years old, which is the target age for an appointment to a federal court or state appellate court (the Texas governor appoints people to fill vacancies, which is how Chupp got his current job). Most judicial appointees are in their 40's or early 50's.

Why the fuck would you want this idiot on an appeals court?

 

[secondclass]

Why the fuck would you want this idiot on an appeals court?

An appellate judge can't hear a case that he tried. He'd be recused.

 

[AnOminous]

An appellate judge can't hear a case that he tried. He'd be recused.

Yes but he can fuck up every other case and certainly would. He shouldn't be on any court really.

 

[secondclass]

Yes but he can fuck up every other case and certainly would. He shouldn't be on any court really.

To be fair, he'd only be fucking up close calls. Appellate courts are 3-judge panels, so Chupp could only screw up cases where the other two justices are split 1-1.

 

[teriyakiburns]

To be fair, he'd only be fucking up close calls. Appellate courts are 3-judge panels, so Chupp could only screw up cases where the other two justices are split 1-1.

More likely than you'd think, unfortunately. Chupp needs to go back to chasing ambulances.