· 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).
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.