WAGONER

v.

BETO, CORRECTIONS DIRECTOR

Citator

Cited By

• Jarrell v. Balkcom, 735 F.2d 1242 (11th Cir. 1984)
  …that the judge’s failure to recuse himself sua sponte was error. The mere fact that a judge acted as prosecutor in an unrelated case is insufficient to constitute reversible error. Goodspeed v. Beto, 341 F. 2d 908, 909 (5th Cir.1965), cert. denied, 386 U.S. 926, 87 S.Ct. 867, 17 L.Ed.2d 798 (1967). Petitioner has cited no prejudicial rulings, nor has he cited to any area in which the judge appeared to be biased in his rulings. Additionally, cases cited by petitioner which hold that the trial judge depri…
• Waits v. Hon. Raymond McGOWAN, 516 F.2d 203 (3d Cir. 1975)
  …5);8 United States v. Cotten, 471 F. 2d 744, 748 (9th Cir.), cert. denied, 411 U.S. 936, 93 S.Ct. 1913, 36 L.Ed.2d 396 (1973); United States v. Caramian, 468 F. 2d 1369 (5th Cir. 1972); Goodspeed v. Beto, 341 F. 2d 908 (5th Cir, 1965), cert. denied, 386 U.S. 926, 87 S.Ct. 867, 17 L.Ed.2d 798 (1967); see also Frisbie v. Collins, 342 U.S. 519, 522, 72 S.Ct. [*208] 509, 96 L.Ed. 541 (1952); Hein v. Ramsden, 36 Misc.2d 345, 232 N.Y.S.2d 633 (Sup.Ct.1962); People v. Garner, 57 Cal.2d 135, 18 Cal.Rptr. 40, 367 P.…
• Jenkins v. Bordenkircher, 611 F.2d 162 (6th Cir. 1979)
  …dge who had been involved previously in the prosecution of a defendant for unrelated matters presided at that defendant’s subsequent trial. Murphy v. Beto, 416 F. 2d 98 (5th Cir. 1969); Goodspeed v. Beto, 341 F. 2d 908 (5th Cir. 1965), cert. denied, 386 U.S. 926, 87 S.Ct. 867, 17 L.Ed.2d 798 (1967). In federal prosecutions, 28 U.S.C. § 455 requires the disqualification of a judge who has been “of counsel” or has a “substantial interest” in a case brought before him. Though the duty to vacate the bench is a…