Judge Samuel D. McVey speaks to Martin Joseph MacNeill and his Attorney Randall Spencer during his initial appearance Monday, Aug. 27, 2012 in Provo Utah. Scott G Winterton/Deseret News
September 04, 2013 12:25 am • Paige Fieldsted – Daily Herald
PROVO – The murder case against Martin MacNeill has been assigned to a new judge in the 4th District Court.
The motion to disqualify Judge McVey, along with supporting documents, is sealed and not accessible to the Daily Herald, but the motion was granted on Aug. 27 and Judge Derek Pullan was reassigned the case.
According to court documents in the case, the Rule 63(B) motion to disqualify was filed the day prior and a telephone conference with Judge McVey was held on Aug. 27. McVey referred the motion to Presiding 4th District Judge David Mortensen who made the reassignment. According to court documents, the motion was filed by the defense and the Utah County attorney’s office opposed the motion.
According to Utah Code, any party in a case can file a motion to disqualify a judge based on bias, prejudice or a conflict of interest. read more »