Tenth Circuit· 5/26/2004

In re: McCarthey v.

Citations

368 F.3d 1266
2004 U.S. App. LEXIS 10388
2004 WL 1167388

How courts have described this case

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

holding that “merely because” a judge “belongs to and contributes to” The Church of Jesus Christ of Latter-day Saints “would never be enough to disqualify him”
explaining that the judge does not have to prove that she is impartial
“The standards for reviewing petitions for writs of prohibition are similar to the standards for reviewing petitions for writs of mandamus.”
first citing Nichols, 71 F.3d at 351; and then citing Bryce v. Episcopal Church, 289 F.3d 648, 659–60 (10th Cir. 2002)
“Section 455 contains an objective standard: disqualification is appropriate only where the reasonable person, were he to know all the circumstances, would harbor doubts about the judge’s impartiality.”
“Disqualification under 28 U.S.C. § 144 places a substantial burden on the moving party to demonstrate that the judge is not impartial, not a burden on the judge to prove that he is impartial.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Seymour, Kelly, Briscoe

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Cited by

17 cases in this archive cite this case.

Cites

13 cases in this archive are cited by this case.

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