Official Results: General Election - November 3, 2020. Enter a valid email address and a feedback message. January 17, 1937 – January 25, 2021. In the final analysis, who other than the judge could better testify about the judge's attitude or mental disposition toward sentencing in this case? Experience: Private practice, Judge of the Court of Appeals, Chief Judge of the Court of Appeals ... George A. Thompson . Nebraska Secretary of State Election Results Robert B. Evnen. The presentence report on Barker does not contain any correspondence from the victim's family, although the record indicates that such correspondence was sent by the family. ). In Barker's case, obtaining the judge's testimony concerning his attitude or disposition toward sentencing contravenes the testimonial bar and witness disqualification imposed by Neb. Although other participants in the questioned meeting might have provided some information, the judge's "testimony" was extremely important, if not indispensable, in establishing an accurate and complete portrayal of events and statements during the visit with the victim's family. - 6 Year Term - District 02 Follow This Contest. The State believes that the appropriate standard to determine whether prejudice has resulted from an ex parte communication with a presiding judge is expressed in State ex rel. If a litigant should not have to face a judge when there is a reasonable question of the judge's impartiality, none would rationally deny the validity of the general rule expressed in State v. Valencia, supra: A judge should not initiate, invite, or consider an ex parte communication concerning a pending or impending proceeding before the judge. The best result we found for your search is George Wesley Thompson age 30s in Omaha, NE. Age 84. Find George Thompson's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Whether, in a bench trial, a judge can avoid an involvement destructive of impartiality where he has personal knowledge of material facts in dispute is a question that cannot be answered satisfactorily, see Advisory Committee's Notes, Rule 605, Fed.R.Evid., and, therefore, a judge should recuse himself in such circumstances. Year should not be greater than current year. Verify and try again. If a trial judge were allowed to testify concerning a matter in the proceedings over which that judge was presiding, then, in Alice's words in Alice's Adventures in Wonderland, the situation becomes "Curiouser and curiouser!" See why other supporters are signing, why this petition is important to them, and share your reason for signing (this will mean a lot to the starter of the petition). Failed to remove flower. 668 F.2d at 1271. Gen., and LeRoy W. Sievers, Lincoln, for appellee. 238, 313 N.W.2d 667 (1981). Resend Activation Email. For the rule we have adopted today, a rationale lies within Neb.Evid.R. BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and GRANT, JJ., and BRODKEY, J., Retired, and COLWELL, District Judge, Retired. Try again later. 605 in considering the conduct of a judge in a bench trial. LINCOLN – Today, Governor Pete Ricketts announced his appointment of We have a volunteer within fifty miles of your requested photo location. Precincts Reporting: 82/82 . Thompson described a good and loving relationship with his mother and said that her passing was extremely hard on him. ADVERTISEMENT. Are you sure that you want to remove this flower? State v. Dondlinger, supra, 222 Neb. 605. See, also, State v. Leslie, 136 Ariz. 463, 666 P.2d 1072 (1983) (after the jury found defendant guilty but before sentencing, the judge solicited contact with the victim's relatives; held: contact with the victim's relatives necessitated the judge's disqualification from the proceedings). Place the pin on the map to plot a location. Please try again later. An explanation for Rule 605 is found in the observation by McCormick: "[W]hen a judge is called as a witness in a trial before him, his role as witness is manifestly inconsistent with his customary role of impartiality in the adversary system of trial." Remove Nebraska District Judge George A. Thompson from the bench. In the course of the meeting, the judge suggested that the family write him so that "first of all, their thoughts could be disclosed in a rational way, and secondly, it would be available to Counsel as well as to the Court." 131, 382 N.W.2d 353 (1986). Although the information charged Arthur H. Barker with murder in the second degree, see Neb.Rev.Stat. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. 605 is a verbatim counterpart of Fed.R.Evid. Save to an Ancestry Tree, a virtual cemetery, your clipboard for pasting or Print. Are you sure that you want to report this flower to administrators as offensive or abusive? Share this memorial using social media sites or email. George was born in Albert Lea, MN, and moved to Bellevue, NE, in 1946. Try again later. George Thompson in Nebraska. or don't show this again—I am good at figuring things out. Petition details. Scorecards Endorsements . Also an additional volunteer within fifty miles. Previously sponsored memorials or famous memorials will not have this option. As the U.S. Supreme Court held in Williams v. New York, 337 U.S. 241, 246-47, 69 S. Ct. 1079, 1082-83, 93 L. Ed. Evid.R. 741, 751, 386 N.W.2d 866, 872 (1986) (quoting from State v. Gillette, 218 Neb. We set aside the sentence imposed on Barker and remand this matter *697 for a sentence hearing and imposition of sentence on Barker. The judge conferred with the prosecutor and Barker's lawyer, informing counsel about the family's wish. Basically, the question is: Did the sentencing judge have some preconceived opinion or disposition toward the sentence to be imposed on Barker? Rule 605, Fed.R. 1=Very Poor, 2=Deficient, 3=Satisfactory, 4=Good, 5=Excellent. Neb.Evid.R. The pertinent part of 28 U.S.C. If a judge is to preside, he may not testify. To support its argument, the State directs us to The People v. Hicks, 44 Ill. 2d 550, 256 N.E.2d 823 (1970), which involved a conviction for murder and the trial judge's unsolicited ex parte contact with a prospective witness, who was alleged to be a relative of the homicide victim and who asked to be allowed to sit in the front of the courtroom. Thompson, a Papillion resident, is the son of retired Sarpy County District Court Judge George Thompson, who from 1983 to 2005 joined with now-retired District Court Judge Ronald Reagan … He … To counter Barker's claim that the trial judge should have recused himself as a result of meeting with the victim's family, the State argues that "[s]ince the appellant has not shown that the sentencing judge was in any way influenced by his contact with the victim's family, there was no error in the refusal of the judge to recuse himself from sentencing [Barker]." 1101(4)(b) (Neb.Rev. For Edits select Suggest Edits on the memorial page. Full ... Shall Judge George A. Thompson be retained in office? However, we must also appreciate that an appearance of partiality from the meeting immeasurably outweighs any appearance of insensitivity. Prior has been jailed in Sarpy County since he was arrested in October 2017. It was moved to Frontier Village in 1990. At that point, the judge, unfortunately but necessarily, was required to assume dual and simultaneous roles witness and judge and perhaps quite naturally required to assume the ultimate role of advocate in defense of his own impartiality which had been brought into question. Moreover, imposing a burden on a litigant to prove prejudice through the testimony of one disqualified from testifying is an impossible standard. An ex parte communication, as an extrajudicial source of information imparted to a judge, reasonably raises a question about the judge's impartiality in disposing of questions germane to the subject of the extrajudicial communication. In Valencia, which was a murder *699 case, a relative of the homicide victim contacted the judge before sentencing and suggested what penalty should be imposed in view of the defendant's other convictions. For help using the website visit our help page or contact support@findagrave.com. Barker's contention presents a question of first impression in Nebraska. Try again later. Call Us 805.388.5750 309 W. Ventura Blvd. § 27-605 (Reissue 1985). 605 advisory committee's note. Thompson was born out of wedlock in Sidney, Nebraska, on July 10, 1955. In United States v. Heldt, 668 F.2d 1238 (D.C.Cir.1981), the appeals court considered a disqualification statute in determining whether the trial judge should have recused himself on the defendants' request. We believe that the recusal rule we have adopted today will help solve such a problem by discouraging the cause of the problem. GREAT NEWS! Sarpy County District Judge George Thompson sentenced Stephen R. Prior, 56, after agreeing with a jury that he met the criteria as a habitual criminal, The Omaha World-Herald reported. You can still file a request but no one will be notified. They had 8 children: Robert Thompson, Rebecca Thompson, Oscar John Thompson, William George Thompson, Sydney Thompson, Hilton Thompson, Edgar Earl Thompson and Norman Thompson. We have a volunteer within ten miles of your requested photo location. Most assuredly, we appreciate the trial judge's predicament precipitated by the prosecutor in this case. According to Weinstein, "Rule 605 was drafted as a broad rule of incompetency designed to prevent a judge presiding at a *700 trial from testifying as a witness in that trial on any matter whatsoever." Those incompatible roles, witness as well as judge, are inconsistent with and even antagonistic to a fair and safe administration of criminal justice. Why is there no requirement that a litigant must show a judge's prejudice from a judicially initiated or invited ex parte communication? This court stated in Cline: In Cline, supra, this court observed that "[f]rom a practical point of view, it would be nearly impossible for the presiding judge to be cross-examined" on the reports utilized in the proceedings, id., and concluded: "Can the parties waive the disqualification of the judge under § 27-605? Family members linked to this person will appear here. This memorial has been copied to your clipboard. George A. Thompson, retired District Court Judge serving Judicial District 2 in Papillion, died on January 25, 2021, at the age of 84. There was an error deleting this problem. § 28-304 (Reissue 1985), the jury found Barker guilty of the lesser-included offense of manslaughter, see Neb.Rev.Stat. 100 Wis.2d at 425, 302 N.W.2d at 525. Failed to delete memorial. 8)- Judge George A. Thompson Commencing at 10:30 a.m. Shortly after the verdict was announced in court, the prosecutor approached the trial judge and informed the court that the victim's parents and sister wished to visit with the judge because the victim's family were nonresidents of Nebraska. Please reset your password. George was born in Albert Lea, Minnesota, and moved to Bellevue, Nebraska, in 1946. GREAT NEWS! based on information from your browser. Translation on Find a Grave is an ongoing project. This followed Thomas's initial protestations against becoming a judge. Flowers added to the memorial appear on the bottom of the memorial or here on the Flowers tab. Contributions Questionnaire 3rd Party Data Nemaha Natural Resources District Board - Subdistrict 2 ... Nebraska County Court Judge - District 11 … Failed to report flower. 1337 (1949): COLWELL, District Judge, Retired, joins in this concurrence. GREAT NEWS! Born in 18 Oct 1875 and died in 30 May 1947 Hudson, Wisconsin Judge George Thompson In determining that the sentencing judge, when requested by the defendant, should have recused himself from the sentence hearing, the Arizona Supreme Court, holding that a judge should not initiate, invite, or consider ex parte communication concerning a pending or impending proceeding before the judge, concluded that "[s]uch a rule is a requisite to the orderly administration of justice in any judicial system." Texas Marker, 078. [NE BAR LEGAL ANALYSIS] The ratings given by the Nebraska Bar association on legal analysis (basically the ability of the judge to know and make valid application of the law). The judge conferred with the prosecutor and Barker's lawyer, informing counsel about the family's wish. You may not upload any more photos to this memorial, This photo was not uploaded because this memorial already has 20 photos, This photo was not uploaded because you have already uploaded 5 photos to this memorial, This photo was not uploaded because this memorial already has 30 photos, This photo was not uploaded because you have already uploaded 20 photos to this memorial. Nebraska judges at all levels of the judiciary are up for retention as part of the general election. v. See Neb.Rev.Stat. A system error has occurred. To suggest a correction or addition, visit the memorial page and click Suggest Edits. This account has been disabled. Brief for Appellee at 8-9. [Citation omitted.]. See, also, Terrell v. United States, supra (questioning by a judge amounted to his testifying). You need a Find a Grave account to add things to this site. George A Thompson N/A Back to top [NE BAR LEGAL ANALYSIS] The ratings given by the Nebraska Bar association on legal analysis (basically the ability of the judge to … George Thompson Diamond Co offers a wide range of Engagement Rings, Wedding Rings Sets, Diamond Wedding bands, Custom Jewelry, and much more. 605: "The judge presiding at the trial may not testify in that trial as a witness. As his sole assignment of error, Barker contends that the sentencing judge should have recused himself, as requested by Barker, on account of the judge's ex parte contact with members of the victim's family. Later, immediately before the sentence hearing, for which the presiding judge was the same judge who had visited with the victim's family, Barker's lawyer requested that the judge recuse himself in view of the meeting in question and its prejudice to Barker regarding any prospective sentence. Age of 80 I thought you might like to see the photos.. 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