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· 12/19/1979

Charles Edward Jenkins v. Donald E. Bordenkircher, Superintendent, Kentucky State Penitentiary

Citations

  • 611 F.2d 162
  • 1979 U.S. App. LEXIS 9545

How courts have described this case

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

  • rejecting per se rule that judge may never preside at trial when, as prosecutor, he had previous contact with defendant on totally unrelated criminal charges
  • rejecting a per se rule that a judge may never preside at trial when, as a prosecutor, he had previous contact with the defendant on totally unrelated criminal charges
  • reciting equivalent standard without referring to Rideau itself
  • “Absent some showing of hostility or prejudgment we will not assume that a state court judge would not be able to give a defendant a fair trial solely because of his earlier contacts with the defendant in prosecuting totally unrelated charges.”
  • “It has been specifically held that a judge who as United States Attorney was ‘of counsel’ when a defendant was tried and convicted of one charge is not disqualified from presiding at the prosecution of the same defendant for a totally unrelated offense.”
  • reciting equivalent standard without referring to Rideau itself

Source: CourtListener parenthetical corpus (CC0).

Judges: Edwards, Celebrezze, Lively

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.