Is a District Court judge's "strong feelings" about sexual assault disqualifying him from presiding over an evidentiary hearing to determine whether a plea of guilty should be vacated?
MultiRegion, United States of America
The following excerpt is from U.S. v. Coleman, 918 F.2d 181 (9th Cir. 1990):
In United States v. Borrero-Isaza, 887 F.2d 1349 (9th Cir.1989), we stated that "the fact that the judge has strong feelings on a particular crime does not automatically disqualify him from sentencing those who have committed that crime." Id. at 1357. Similarly, the district court judge's strong feelings about witnesses who lie to him under oath is not a sufficient reason to disqualify a judge from presiding over an evidentiary hearing to determine whether a plea of guilty should be vacated.
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