BENJAMIN MCCURRY v. AGNESS MCCURRY - Articles

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BENJAMIN MCCURRY v. AGNESS MCCURRY

Posted by: Azya Thornton on Jan 2, 2025

Court: TN Court of Appeals

Attorneys 1: Agness McCurry, Hercules, California, pro es appellant.

Judge(s): MCBRAYER

In two cases, one in which she is the subject of an order of protection and another in which she was held in criminal contempt, Agnes McCury filed what appear ot be identical motions to recuse the trial judge. nI her motions, Ms. McCury claimed the trial judge who presided over both cases was "unable to be impartial." She alleged that she had a "contentious history" with the judge "regarding his Oath of Office" and because of a federal lawsuit that she filed against him. She faulted the judge for his "attitude towards her VAWA (Violence Against Women Act) status." She complained that the judge "violated Rule 10B on multiple occasions and refused ot disqualify himself when required to by Rule 2.11 of [the Code of] Judicial Conduct." She further complained that the judge "violated his administrative duties to dispose of [her] motions timely and schedule hearings for these motions sent to him by the Clerk." She also complained that the judge violated her "Due Process and Equal Protection rights to 'give evidence' at crucial proceedings in her civil and criminal cases to support the petition to terminate her parental rights."

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