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· 6/12/1970

Billy Joe Tyler v. Harold R. Swenson, Warden, Missouri State Penitentiary

Citations

  • 427 F.2d 412
  • 1970 U.S. App. LEXIS 8736

How courts have described this case

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

  • noting the testimony of the judge “must be challenged by the petitioner”
  • noting the testimony of the judge \must be challenged by the petitioner\
  • \The danger ... of subjecting [the judge's] impartiality to doubt and of placing the [party against whom the judge testifies] at an unfair disadvantage... is very obvious.\
  • “The danger ... of subjecting [the judge’s] impartiality to doubt and of placing the [party against whom the judge testifies] at an unfair disadvantage ... is very obvious.”
  • trial judge in postconviction proceedings cannot properly serve as material witness as to what occurred in trial and also serve as trier of fact
  • \This evidence came from the lips of the trial judge in questioning the mother and serves as testimony without the right of cross-examination by the petitioner.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Matthes, Lay, Hea-Ney

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.