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· 10/28/1994

O.C. Chick Fero v. Dareld Kerby

Citations

  • 39 F.3d 1462
  • 1994 U.S. App. LEXIS 30360
  • 1994 WL 588623

How courts have described this case

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

  • requiring a showing of actual bias or an appearance of bias strong enough to create a conclusive presumption of actual bias
  • finding that the trial judge’s “brother-in-law [having] a substantial financial interest in the outcome of the civil action did not give rise to a direct, pecuniary interest on the judge’s part sufficient to overcome the presumption of judicial integrity”
  • “a state court's failure to submit a lesser included offense instruction cannot form the basis for federal habeas relief”
  • “a state court's failure to submit a lesser included offense instruction cannot form the basis for federal habeas relief”
  • “A fair trial in a fair tribunal is a basic requirement of due process.” (quoting In re Murchison, 349 U.S. 133, 136 (1955))
  • no conclusive presumption of bias where trial judge's son worked as law clerk in district attorney's office and attended trial

Source: CourtListener parenthetical corpus (CC0).

Judges: Holloway, McKAY, Theis

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.