Case law · Highest court · Federal

Liteky v. United States

Decided
March 7, 1994
Docket
92-6921
Status
Published
Jurisdiction
Federal

Cited 7,016 timesNo negative treatment found in this library

What later courts said

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How the opinion begins

Justice Scalia delivered the opinion of the Court.

Section 455(a) of Title 28 of the United States Code requires a federal judge to “disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” This case presents the question whether required recusal under this provision is subject to the limitation that has come to be known as the “extrajudicial source” doctrine.

[*542] I In the 1991 trial at issue here, petitioners were charged with willful destruction of property of the United States in violation of 18 U. S. C. § 1361. The indictment alleged that they had committed acts of vandalism, including the spilling of human blood on walls and various objects, at the Fort Benning Military Reservation. Before trial petitioners moved to disqualify the District Judge pursuant to 28 U. S. C. § 455(a). The motion relied on events that had occurred during and immediately after an earlier trial, involving petitioner Bourgeois, before the same District Judge.

Statutes cited

Cite this

Liteky v. United States, 510 U.S. 540 (1994)

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