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· 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 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.