Agnew v. Contractors Safety Association

In Agnew v. Contractors Safety Association (1963) 216 Cal.App.2d 154, an in pro per appellant sought to file an appeal based upon, inter alia, judicial bias. The trial below was an extensive one which called many witnesses, had many motions filed, and involved a substantial amount of evidence. (Id. at pp. 156-157.) During this trial, the appellant had never uttered one word indicating that he felt the judge acted with unfair bias. (Id. at p. 159.) Alleging bias on appeal, the appellant merely provided certain facts from the case and conclusory declarations accusing the judge of bias. He did not present a reporter's transcript or clerk's transcript detailing the evidence of bias from which the court of appeal could have viewed any indications of unfair bias. (Id. at pp. 158-162.) The court stated that since appellant failed to incorporate a condensed statement of all or such portions of the oral proceedings which he felt were material to the determination of bias, he could not attack the sufficiency of the evidence to support the findings of fact. (Id. at p. 163.) The court dismissed the appeal. (Ibid.)