Friday, December 19th, 2008...1:27 am
Alaska Legal Miscellanea: Recusal and Plea Withdrawal
Sedwick on recusal: U. S. District Judge John Sedwick has denied a criminal defendant’s motion that he recuse himself because his earlier judicial ruling permitted the prosecutor to file a late motion for sentence enhancement. Sedwick noted: “The Supreme Court has recognized that “judicial rulings alone almost never constitute a valid basis for a bias or partiality motion.’” U.S. v. Potts, 2008 WL 5225818 (D.Alaska Dec. 12, 2008)
Singleton on withdrawal of guilty plea: U. S. District Judge James Singleton served on a Court of Appeals panel that affirmed the denial of a criminal defendant’s attempt to withdraw a guilty plea. The defendant was a doctor accused of health care fraud. U. S. v. Hubbard, 2008 WL _______ (9th Cir. Dec. 18, 2008(unpub.)
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