why do i have same judge at trial and my appeal?

UPDATED: Oct 1, 2022

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why do i have same judge at trial and my appeal?

I will be able to try and appeal the decision of judge Abc
made at my trial.
Is it normal to have judge Abc again presiding over my appeal?
this does not seem fair,and have no chance at all to win my
case.Is it possible to ask for change of venue?

Asked on November 11, 2018 under Criminal Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You would not have the same judge at an actual appeal for several reasons, not least of which because the appellate court is a different (and higher) court and your trial judge would not sit on (i.e. be part of) that court.
If it is the same judge, then this is probably a motion for reconsideration (i.e. to reconsider or change the decision) or to vacate the judgment against you; if so, it is normal and appropriate to have the same judge, since those are motions heard in trial (not appeals) court, so they are heard by the trial judge.

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