Collins v. Honorable Gregory G. Pinski

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The Supreme Court granted Petitioner’s request to exercise supervisory control over the Eighth Judicial District Court, Cascade County, in a criminal action following the district court’s denial of Petitioner’s motion to substitute assigned Judge Gregory G. Pinski (substitution motion).Petitioner was charged with assault with a weapon. Petitioner’s arraignment was scheduled for January 4 but, after Petitioner did not appear, set Petitioner’s arrangement for January 25. Petitioner appeared at his arraignment and then filed the substitution motion on January 31. The district court denied the substitution motion as untimely because it was outside of the ten-day timeframe. Specifically, the court concluded that the arraignment occurred on January 4. The Supreme Court granted Petitioner’s petition for a writ of supervisory control, holding (1) a defendant must be present at his scheduled arraignment, and if he fails to appear at the arraignment, that hearing cannot be defined as his actual arraignment; (2) instead, the arraignment is the subsequent hearing at which the defendant is formally called into open court to enter a plea answering a charge; and (3) Petitioner’s arraignment in this case occurred on January 25, and therefore, his January 31 substitution motion was timely. View "Collins v. Honorable Gregory G. Pinski" on Justia Law