· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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