Can a judge's failure to recuse himself be considered an error of error?
MultiRegion, United States of America
The following excerpt is from USA v. Bayless, 201 F.3d 116 (2nd Cir. 1998):
As we have previously intimated, it is possible that a judge's failure to recuse himself might in some circumstances fall into that category of errors. See United States v. Yu-Leung, 51 F.3d 1116, 1119-20 (2d Cir. 1995). Because it is unnecessary to the resolution of this case, we do not now identify the situations in which
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