Attorneys for defendant Deamonte Kendrick requested the appellate courtroom to place the trial on maintain and order Glanville to permit one other choose to think about if his recusal is warranted. Kendrick’s attorneys additionally requested the state Supreme Courtroom to direct Glanville to provide an unredacted transcript of the non-public assembly held June 10 in his chambers.
“Earlier than looking for unique mandamus aid from this courtroom, Kendrick is required to point out that he first sought and was denied entry to the correct channels for looking for aid in superior courtroom,” the state Supreme Courtroom stated. “He admits that he has not filed a stand-alone mandamus petition towards Chief Choose Glanville in superior courtroom.”
Mandamus is a authorized time period for a courtroom order directing an individual or group to do one thing.
Within the petition to the state Supreme Courtroom, Kendrick’s attorneys stated looking for aid within the trial courtroom could be futile, because the request could be assigned to Glanville, who would merely deny it.
The state Supreme Courtroom stated Glanville “could be disqualified from presiding over the matter” if Kendrick filed a petition looking for an order forcing Glanville to assign the recusal requests to a different choose.
“A distinct choose would contemplate Kendrick’s petition, and both celebration could attraction the ultimate resolution,” the state Supreme Courtroom stated. “Though this courtroom has the facility to grant unique aid within the nature of mandamus (below Georgia regulation), it has chosen to keep up its common standing as an appellate courtroom and to train its unique jurisdiction solely in extraordinarily uncommon conditions the place want has been proven.”
Doug Weinstein, certainly one of Kendrick’s legal professionals, stated on social media Thursday that “we aren’t completed looking for aid.”
“The (state Supreme Courtroom) has laid out a transparent path that not solely must be adopted by us however have to be adopted by Fulton and (chief choose) Glanville,” Weinstein wrote in a public put up concerning the ruling.
Protection attorneys raised issues that throughout the closed-door assembly, Glanville and prosecutors improperly pressured witness Kenneth Copeland to testify. Copeland was granted immunity in alternate for his testimony towards the defendants. He was jailed for being in contempt of courtroom when he initially refused to reply questions whereas on the witness stand.
Copeland testified after the non-public assembly within the choose’s chambers.
When Younger Thug’s lead lawyer, Brian Steel, came upon concerning the assembly and requested Glanville to clarify what had occurred, Glanville held Steel in contempt of court and sentenced him to twenty days in jail – the utmost doable punishment. The choose demanded to understand how Metal realized of the assembly and Metal refused to reveal his supply, citing confidentiality guidelines.
The choose’s dealing with of the difficulty outraged many Georgia attorneys who stated Metal was solely doing his job and didn’t should reveal how he realized of the assembly.
The state Supreme Courtroom put Steel’s sentence on hold on June 12 whereas it considers whether Glanville’s contempt ruling was proper. The courtroom’s resolution is predicted to take months.
Glanville has scheduled a listening to to find out whether or not any of the folks concerned within the assembly additionally must be held in contempt of courtroom for telling protection counsel about it. In Georgia, felony contempt could be punishable by a high-quality or as much as 20 days in jail.
