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· 1/18/2011

Andrew Suh v. Guy Pierce

Citations

  • 630 F.3d 685
  • 2011 U.S. App. LEXIS 866
  • 2011 WL 135713

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that cases interpreting 28 U.S.C. § 455, the federal recusal statute, were not “on point” with plaintiff’s due process argument
  • rejecting claim of appearance of bias where trial judge had casual acquaintanceship with members of murder victim’s family
  • observing that due process requires fair trial in fair tribunal but that most judicial disqualification matters do not rise to constitutional level and that United States Supreme Court has never held that due process requires recusal based solely on appearance of bias
  • rejecting the argument that recusal is required “in the absence of any possibility of actual bias—that is, based solely on how the situation might have ‘appeared’ to an outside observer.”
  • finding no unconstitutional risk of bias where a judge was not aware of a purported relationship between himself and the family of the victim in a murder case
  • finding no unconstitutional risk of bias where a judge was not aware of a purported relationship between himself and the family of the victim in a murder case

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaum, Ripple, Evans

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.