· 9/17/2008
In Re Basciano
Citations
- 542 F.3d 950
- 2008 U.S. App. LEXIS 19683
- 2008 WL 4250051
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a death threat against a judge did not require recusal
- noting that to issue a writ of mandamus, petitioner “must clearly and indisputably demonstrate that the district court abused its discretion. Absent such a showing, mandamus will not lie.”
- finding no error in refusal to recuse in part because the court did nothing, other than ruling against the defendant, that would “reveal partiality”
- listing cases concluding that recusal is not ordinarily required when a judge faces threats
- finding no appear- ance of partiality in the judge’s actions after a defendant’s threat when the judge acted “meticulously” and carefully 18 No. 21-1220 explained his reasoning
- “The district judge has discretion in the first instance to determine whether to disqualify himself.’”’
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Leval, Sack
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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