To Mr./attorney Scott Vincent, and/or the opposing counsels/parties/witnesses,
1. This is my reply to your email correspondence which you sent me on December 26, Thursday (12/26/2024), on or about at 11:14A.M.(am).
2. I agree to you with a motion to request additional time.
3. I agree with a motion to request additional time for a new trial judge.
4. However, both for our mutual communication and for the record, I would like to comment/indicate or/and am mentioning some comments/indication about/with regard to/in terms of some factors/elements/facts/thoughts including, but not limited to such factors/elements/facts/thoughts hereinafter or as below.
5. I don’t agree that the Honorable Judge, Gina C. Higgins should take or/and preside over this case/action/matter/cause.
6. I would like to argue or/and am arguing that this case/action/matter/cause should be assigned to a new judge randomly or at random, or/and according to the laws or other legal procedure.
7. References:
Supreme Court Rules of Tennessee.
https://www.tncourts.gov/courts/supreme-court/rules/supreme-court-rules
Rule 10B: Disqualification or Recusal of a Judge; Filing and Disposition of Motions and Appeal.
https://www.tncourts.gov/rules/supreme-court/10b
Rule 1.04.
1.04. Designation Prodedure. A judge who recuses himself or herself, whether on the judge’s own initiative or on motion of a party, shall not participate in selecting his or her successor, absent the agreement of all parties. With the agreement of all parties to the case, the judge may seek an interchange in accordance with Tenn. Sup. Ct. R. 11, § VII(c)(1). Otherwise, the presiding judge of the court shall effect an interchange in accordance with Tenn. Sup. Ct. R. 11, § VII(c)(2) and/or (3) in sequential order. If the presiding judge is the recused judge, the presiding judge shall take no action in selecting a successor. In such cases, the presiding judge pro tempore of the court shall effect an interchange in accordance with Tenn. Sup. Ct. R. 11, § VII(c)(2) or (3). If an interchange cannot be effected by following the above procedure in sequential order, the presiding judge or the presiding judge pro tempore shall request by – using the designation request form appended to this rule – the designation of a judge by the Chief Justice, pursuant to Tenn. Sup. Ct. R. 11, § VII(c)(4). In a judicial district where the presiding judge is the only judge and he or she recuses himself or herself, the judge shall skip the sequential steps set forth in Tenn. sup. Ct. R.11, § VII(c)(2) and (3) and instead request the designation of a judge by the Chief Justice, pursuant to Tenn. Sup. Ct. R. 11, § VII(c)(4), using the designation request form. Similarily, if the recusing judge is a general sessions judge or juvenile court judge, and he or she is the only general sessions or juvenile court judge in that county, the judge shall skip the sequential steps set forth in Tenn. Sup. Ct. R. 11, § VII(c)(2) and (3) and instead request the designation of a judge by the Chief Justice, pursuant to Tenn. Sup. Ct. R. 11, § VII(c)(4), using the designation request form. Special permission to skip the sequential steps may be granted by the Chief Justice for good cause shown.
8. I would like to make or/and am making these arguments for the fairness, objectivity, neutrality, procedural fairness, procedural legitimacy, reliability or credibility in terms of the rule of law.
9. Thank you for your time and attention to this matter.
Sincerely,
Hwang.
(Sent on December 27, 2024, Friday (12/27/2024), on or about at 10:50A.M.(am).
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This is your email correspondence which you sent me on December 26, Thursday (12/26/2024), on or about at 11:14A.M.(am).
31193; Motion to Extend with Court of Appeals
I am filing a motion with the court of appeals tomorrow related to the nondispositional remand order that will request additional time for a new trial judge to rule on your post-judgment motions in light of Judge Felicia Corbin Johnson recusing herself at the last hearing. I am filing the motion tomorrow at 2 pm CST. Please let me know whether you agree or disagree with the request for additional time for the new judge to rule on your motions. My motion will outline the history of the case since the remand order, attach all filings with the trial court since the remand order, include a statement that Judge Felicia Corbin Johnson recused herself at the last “status conference” after reading filings post remand that will be attached, and request additional time for a new judge to review the case and rule on your pending motions so that the appeal may proceed.
R. Scott Vincent
Allen, Summers & Gresham, PLLC
XXXXX Plaza
XX XXXXX Avenue, Suite XXX
Memphis, Tennessee XXXXX-XXXX
(XXX XXX-XXXX
Fax: (XXX) XXX-XXXX
XXX@XXXXX