Haddad v. Gonzalez, 576 N.E.2d 658 (1991)

Citation: Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Parent Document: Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Jurisdiction: Massachusetts (state)
Effective Date: 1991-08-12
Original Source: https://www.courtlistener.com/opinion/2013415/haddad-v-gonzalez/ ↗

Full Text

1,117 chars

We address first the contention that the statements made during the Rivera trial are an indication that the judge harbored personal bias or prejudice against Haddad in the Gonzalez case. We think that the judge's expressions of opinion relied upon by Haddad are primarily indications of impatience rather than bias. By the time the Rivera trial commenced, the judge had already visited Haddad's building twice in his judicial capacity. The judge was quite familiar with the condition of the premises, which was open and obvious, and he apparently expected the parties to stipulate to *863 certain matters. The judge's expressions in the Rivera case,[9] despite our clear disapproval of them, did not necessarily indicate a lack of his capacity fairly and impartially to decide the issues in this case. See Harris v. Board of Trustees of State Colleges, 405 Mass. 515, 528 (1989); King v. Grace, 293 Mass. 244, 247 (1936). The three isolated statements of the judge, when viewed in the context of a fourteen-day trial, do not support a claim of bias disqualifying him from all future cases involving the same landlord.

Other Sections in This Document (154)

Full Text