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U.S. v. Carlton, No. 07-2344-cr (2nd Cir.) (534 F.3d 97) (July 16, 2008) (Judge Jose A. Cabranes)

Article • August 1, 2008 • from P&J August, 2008

Filed under: Recusal, Punch And Jurists

U.S. v. Carlton, No. 07-2344-cr (2nd Cir.) (534 F.3d 97) (July 16, 2008) (Judge Jose A. Cabranes) by A district judge is not required by 28 U.S.C. §§ 455(a) or (b)(1) to recuse himself from presiding over a criminal trial merely because he previously determined that a defendant was guilty …

U.S. v. Awadallah, No. 05-2566-cr (2nd Cir.) (436 F.3d 125) (January 26, 2006) (Judge Barrington D. Jr. Parker)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Recusal, Punch And Jurists

U.S. v. Awadallah, No. 05-2566-cr (2nd Cir.) (436 F.3d 125) (January 26, 2006) (Judge Barrington D. Jr. Parker) by In this case, the Second Circuit rejected a bid by federal prosecutors to have Judge Shira Scheindlin of the S.D.N.Y. removed from the case of a San Diego college student who …

In Re: Gale Nettles, No. 04-4104 (7th Cir.) (394 F.3d 1001) (January 21, 2005) (Judge Richard A. Posner)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Recusal, Punch And Jurists

In Re: Gale Nettles, No. 04-4104 (7th Cir.) (394 F.3d 1001) (January 21, 2005) (Judge Richard A. Posner) by

Liteky v. U.S., No. 92-6921 (U.S. Supreme Court) (510 U.S. 540; 114 S.Ct. 1147) (March 7, 1994) (Justice Scalia)

Article • May 11, 2004

Filed under: Recusal, Punch And Jurists

Liteky v. U.S., No. 92-6921 (U.S. Supreme Court) (510 U.S. 540; 114 S.Ct. 1147) (March 7, 1994) (Justice Scalia) by Case held that recusal of judges under 28 USC § 455(a) is subject to the common law doctrine known as the "extrajudicial source" doctrine, which holds that opinions expressed during …

U.S. v. Doe, No. 02-1362 (2nd Cir.) (348 F.3d 64) (October 29, 2003) (Per Curiam)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Recusal, Punch And Jurists

U.S. v. Doe, No. 02-1362 (2nd Cir.) (348 F.3d 64) (October 29, 2003) (Per Curiam) by Here the Court reversed a sentence imposed by Judge Platt and recused him from the resentencing, holding that the sentence he had imposed had been “improperly affected” by his “annoyance” with the U.S. Attorney’s …

Andrade v. Chojnacki, No. 01-50154 (5th Cir.) (338 F.3d 448) (July 14, 2003) (Judge Edith H. Jones)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Recusal, Punch And Jurists

Andrade v. Chojnacki, No. 01-50154 (5th Cir.) (338 F.3d 448) (July 14, 2003) (Judge Edith H. Jones) by Few episodes in the history of American law enforcement have raised a greater furor than the FBI’s 51-day stakeout and subsequent siege of the Branch Davidian compound near Waco, TX. The siege …

Moran v. Clarke, No. 4:98-CV-556 CAS (E.D.Mo.) (213 F.Supp.2d 1067) (August 2, 2002) (Judge Charles A. Shaw)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Recusal, Punch And Jurists

Moran v. Clarke, No. 4:98-CV-556 CAS (E.D.Mo.) (213 F.Supp.2d 1067) (August 2, 2002) (Judge Charles A. Shaw) by This was a civil action for damages by the plaintiff police officer against various defendants, officers and attorneys, alleging violation of his substantive due process rights and malicious prosecution. In a previous …

Moran v. Clarke, No. 00-1015 (8th Cir.) (309 F.3d 516) (November 4, 2002) (Per Curiam)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Recusal, Punch And Jurists

Moran v. Clarke, No. 00-1015 (8th Cir.) (309 F.3d 516) (November 4, 2002) (Per Curiam) by This case is an extremely rare case of judicial racism and pique. This decision followed District Judge Charles Shaw's earlier decision, reported at 213 F.Supp.2d 1067 (E.D.Mo. 2002), where Judge Shaw - a Black …

U.S. v. Salemme, No. CR 94-10287 (D.Mass.) (164 F.Supp.2d 49) (February 13, 1998) (Judge Mark L. Wolf)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Recusal, Punch And Jurists

U.S. v. Salemme, No. CR 94-10287 (D.Mass.) (164 F.Supp.2d 49) (February 13, 1998) (Judge Mark L. Wolf) by This case, and its companion case reported at 164 F.Supp.2d 86 (D.Mass. 1998), [both of which were not released for publication until 2001] relate to a motion for recusal, pursuant to 28 …

U.S. v. Salemme, No. CR. 94-10287 (D.Mass.) (164 F.Supp.2d 86) (March 30, 1998) (Judge Mark L. Wolf)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Recusal, Punch And Jurists

U.S. v. Salemme, No. CR. 94-10287 (D.Mass.) (164 F.Supp.2d 86) (March 30, 1998) (Judge Mark L. Wolf) by This case, and its companion case reported at 164 F.Supp.2d 49 (D.Mass. 1998), [both of which were not released for publication until 2001] relate to a motion for recusal, pursuant to 28 …

U.S. v. Boyd, No. 98-2035 (7th Cir.) (208 F.3d 638) (April 3, 2000) (Judge Richard A. Posner)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Recusal, Punch And Jurists

U.S. v. Boyd, No. 98-2035 (7th Cir.) (208 F.3d 638) (April 3, 2000) (Judge Richard A. Posner) by The origins of this provocative decision came from one of the most ignominious sagas of prosecutorial misconduct, cover-up and hypocrisy in the annals of American criminal law. In 1989, indictments were filed …

U.S. v. Whitman, No. 99-6086 (6th Cir.) (209 F.3d 619) (March 24, 2000) (Per Curiam)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Recusal, Punch And Jurists

U.S. v. Whitman, No. 99-6086 (6th Cir.) (209 F.3d 619) (March 24, 2000) (Per Curiam) by United States v. Wilkerson, 208 F.3d 794 (9th Cir. 2000) (Judge Nelson) United States v. Whitman, 209 F.3d 619 (6th Cir. 2000) (Per Curiam) Both of these cases dealt with judges whose intemperate conduct …

U.S. v. Wilkerson, No. 98-50504 (9th Cir.) (208 F.3d 794) (April 3, 2000) (Judge Dorothy Wright Nelson)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Recusal, Punch And Jurists

U.S. v. Wilkerson, No. 98-50504 (9th Cir.) (208 F.3d 794) (April 3, 2000) (Judge Dorothy Wright Nelson) by United States v. Wilkerson, 208 F.3d 794 (9th Cir. 2000) (Judge Nelson) United States v. Whitman, 209 F.3d 619 (6th Cir. 2000) (Per Curiam) Both of these cases dealt with judges whose …

U.S. v. Bayless, No. 98-1580 (2nd Cir.) (201 F.3d 116) (January 18, 2000) (Judge Guido Calabresi)

Article • February 1, 2000 • from P&J January, 2000

Filed under: Recusal, Punch And Jurists

U.S. v. Bayless, No. 98-1580 (2nd Cir.) (201 F.3d 116) (January 18, 2000) (Judge Guido Calabresi) by In 1996, District Judge Baer created a grand furor when he granted a defendant’s suppression motion after he concluded that the police had difficulty articulating any "reasonable suspicion supported by articulable facts that …

U.S. v. Franklin, No. 98-3014 (7th Cir.) (197 F.3d 266) (November 22, 1999) (Judge Michael S. Kanne)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Recusal, Punch And Jurists

U.S. v. Franklin, No. 98-3014 (7th Cir.) (197 F.3d 266) (November 22, 1999) (Judge Michael S. Kanne) by The Court stated: "We review a district court judge's decision not to recuse himself for abuse of discretion or showing of prejudice. See United States v. Bunch, 730 F.2d 517, 519 (7th …

U.S. v. Bremers, No. 98-10716 (5th Cir.) (195 F.3d 221) (November 9, 1999) (Judge Harold R. Jr. DeMoss)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Recusal, Punch And Jurists

U.S. v. Bremers, No. 98-10716 (5th Cir.) (195 F.3d 221) (November 9, 1999) (Judge Harold R. Jr. DeMoss) by See also In Re McBryde, 117 F.3d 208 (5th Cir. 1997). This is another case in which the Fifth Circuit held that the much embattled Judge John H. McBryde committed reversible …

U.S. v. Stevens, No. 98-1394 (2nd Cir.) (192 F.3d 263) (September 27, 1999) (Judge Rosemary S. Pooler)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Recusal, Punch And Jurists

U.S. v. Stevens, No. 98-1394 (2nd Cir.) (192 F.3d 263) (September 27, 1999) (Judge Rosemary S. Pooler) by Here, although the Second Circuit acknowledged that some of Judge Duffy's comments may have been "intemperate", in context they did not "indicate a bias against any particular party" and thus it declined …

U.S. v. Gonzalez, No. 98-1687 (2nd Cir.) (192 F.3d 350) (September 22, 1999) (Per Curiam)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Recusal, Punch And Jurists

U.S. v. Gonzalez, No. 98-1687 (2nd Cir.) (192 F.3d 350) (September 22, 1999) (Per Curiam) by United States v. Stevens, 192 F.3d 263 (2nd Cir. 1999) (Judge Pooler) United States v. Gonzalez, 192 F.3d 350 (2nd Cir. 1999) (Per Curiam) The defendants in these two cases sought the near impossible: …

U.S. v. Cerceda, No. 95-4628 (11th Cir.) (172 F.3d 806) (April 16, 1999) (Per Curiam)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Recusal, Punch And Jurists

U.S. v. Cerceda, No. 95-4628 (11th Cir.) (172 F.3d 806) (April 16, 1999) (Per Curiam) by This is a reprise of a case originally reported at 139 F.3d 847 (Cerceda I) (see P&J, 5/25/98), where a panel of the Eleventh Circuit affirmed a district court (Judge O’Kelley) ruling granting motions …

U.S. v. Avilez-Reyes, No. 97-11392 (5th Cir.) (160 F.3d 258) (November 10, 1998) (Judge Harold R. Jr. DeMoss)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Recusal, Punch And Jurists

U.S. v. Avilez-Reyes, No. 97-11392 (5th Cir.) (160 F.3d 258) (November 10, 1998) (Judge Harold R. Jr. DeMoss) by United States v. Harmon, 21 F.Supp.2d 642 (N.D.Tex. 1998) (Judge McBryde) United States v. Anderson, 160 F.3d 231 (5th Cir. 1998) (Judge Garza) United States v. Avilez-Reyes, 160 F.3d 258 (5th …