· 8/16/2001
Government of the Virgin Islands v. Charles Walker
Citations
- 261 F.3d 370
- 2001 U.S. App. LEXIS 18479
- 2001 WL 929896
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- declining to reach arguments raised before but not decided by the lower court, and instead remanding
- holding a defendant’s due process rights were violated where a court permitted only one of two defendants to plead and 9 imposed a harsher sentence on defendant who went to trial to punish him for exercising his trial rights
- focusing on appearance of impartiality when reassigning sentencing judge who appeared to have inappropriately considered defendant’s decision to plea bargain
- exercising the supervisory power to reassign a case because the “conduct and comments of the trial judge ... ma[d]e it exceedingly difficult to resurrect an appearance of impartiality”
- noting that, “[a]lthough it is the standard practice in the district courts and in this circuit that a case on remand is assigned to the judge who originally heard it, we can, in the exercise of our supervisory power, reassign this case to a different judge upon remand.”
- noting that, “[a]lthough it is the standard practice in the district courts and in this circuit that a case on remand is assigned to the judge who originally heard it, we can, in the exercise of our supervisory power, reassign this case to a different judge upon remand.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McKee, Barry
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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