Is it proper for a judge to sit in the same case on remand and then be a judge in the second trial of the same defendant?
MultiRegion, United States of America
The following excerpt is from Poland v. Stewart, 92 F.3d 881 (9th Cir. 1996):
The fact that the trial judge in the original trial was also the trial judge in the second trial is insufficient to establish bias and prejudice. "It has long been regarded as normal and proper for a judge to sit in the same case upon its remand and to sit in successive trials involving the same defendant." Liteky v. United States, 510 U.S. 540, 551, 114 S.Ct. 1147, 1155, 127 L.Ed.2d 474 (1994).
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