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· 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 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.