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· 1/12/1981

Emassas v. United States

Citations

  • 449 U.S. 1092
  • 101 S. Ct. 889
  • 49 U.S.L.W. 3494
  • 66 L. Ed. 2d 821
  • 1981 U.S. LEXIS 470

How courts have described this case

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

  • appearance of impropriety, and perhaps even actual impropriety, may not be raised for the first time on collateral attack
  • appearance of impropriety, and perhaps even actual impropriety, may not be raised for the first time on collateral attack
  • serious conflict of interest could exist in future § 1983 actions in which one attorney represents both a county and a county official individually
  • county treasury employee’s First Amendment rights were violated when he was dismissed because of his intention to make a public speech on civil rights for homosexuals
  • to be subject to collateral attack, petitioner must show that judge was in fact so biased that proceeding was unfair
  • “[A] litigant is not denied due process by either the “appearance” of partiality or by circumstances which might lead one to speculate as to a judge’s impartiality. A litigant is denied due process if he is in fact treated unfairly.”

Source: CourtListener parenthetical corpus (CC0).

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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.