· 10/26/1981
United States v. James E. Outler
Citations
- 659 F.2d 1306
- 1981 U.S. App. LEXIS 16591
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a magistrate judge issuing a search warrant was not obligated to disqualify himself because he had previously represented' the government in an unrelated probation revocation hearing against the defendant
- holding that a magistrate judge who issued a search warrant was not obligated to disqualify himself even though he had prosecuted the defendant three years earlier in an unrelated case
- holding indictment failed to charge an offense because absence of element meant grand jury may not have considered it, despite appearance of statutory citation in each count of the indictment
- finding that magistrate judge who represented Government at defendant’s probation revocation three years earlier didn’t violate § 455 by issuing search warrant
- stating that recusal is only necessary if the “two proceedings have a common, single transaction or event at issue”
- holding no nexus between magistrate’s prior prosecution of the defendant and subsequent proceedings
Source: CourtListener parenthetical corpus (CC0).
Judges: Morgan, Kravitch, Anderson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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