Riley v. Dempsey (2005)

Citation: Riley v. Dempsey (2005)
Parent Document: Riley v. Dempsey (2005)
Jurisdiction: Vermont (state)
Effective Date: 2005-01-05
Original Source: https://www.courtlistener.com/opinion/4490187/riley-v-dempsey/ ↗

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A party claiming bias or prejudice by the court bears the burden of presenting clear
evidence in support of such claims. Cliche v. Fair, 145 Vt. 258, 261-62 (1984). “[I]t is not
enough merely to show previous adverse rulings, no matter how erroneous, or numerous
(omitting citations); or merely to show a judge’s expression of opinion, uttered in what he
conceived to be the discharge of his judicial duty, based upon evidence produced before him.”
Id. at 262 (quoting Pettengill v. New Hampshire Insurance Co., 129 Vt. 23, 33 (1970) (further
citation omitted)). In the instant case, Mr. Riley has not presented any clear indication of
prejudice; instead his claim relies on unsubstantiated suspicion. See State v. Carter, 154 Vt. 646,
647 (1990) (mem.). He has not presented any basis for disturbing the Small Claims Judgment on
appeal. ORDER

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