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Sixth Circuit: Trial Judge’s Personal and Condemnatory Remarks Directed Toward Defendant Requires Recusal
Loaded on Jan. 15, 2024
by Douglas Ankney
published in Criminal Legal News
January, 2024, page 34
Filed under:
Different Judge,
Appearance of Justice/Impartiality,
Comments by Judge.
Locations:
Kentucky,
Michigan.
by Douglas Ankney
The U.S. Court of Appeals for the Sixth Circuit held that a trial judge’s personal and condemnatory remarks directed toward a defendant required recusal of the judge.
Leron Liggins was charged with drug-related offenses in Michigan and Kentucky in 2018. Liggins stated his intention …
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More from this issue:
- Federal Sentencing Guidelines Undergo Substantial Amendments, by David Reutter
- California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague, by Douglas Ankney
- FBI Access to FISA Database Includes Some Accountability, by Anthony Accurso
- DOJ Spending Over $6 Billion in Firms to Seize Innocent Citizens’ Property Via Civil Asset Forfeiture, by Douglas Ankney
- Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Mental State, by Anthony Accurso
- Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys, by Douglas Ankney
- West Virginia University Forensic Scientists Provide a Benchmark for Analyzing Duct Tape Fracture Edges, by Jo Ellen Nott
- FBI Buys Software to Enslave Your Phone, by Michael Thompson
- The White House Goes Rogue: Secret Surveillance Program Breaks all the Rules, by John W. Whitehead, Nisha Whitehead
- House Judiciary Committee Investigates Major Banks for Unauthorized Sharing of Private Financial Information With the FBI, by Jo Ellen Nott
- Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea, by David Reutter
- Oregon Supreme Court Announces Overruling of Precedent on ‘Attempted Transfer’ of Drugs, by David Reutter
- Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment, by Douglas Ankney
- Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, by Douglas Ankney
- First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, by Richard Resch
- Human DNA Retrieved From Dogs Might Provide Evidence, by Douglas Ankney
- Sixth Circuit: Trial Judge’s Personal and Condemnatory Remarks Directed Toward Defendant Requires Recusal, by Douglas Ankney
- Police Requests to Google Replacing Old Fashioned Detective Work, by Anthony Accurso
- One Solution to Jurors Giving Too Much Weight to Improper Forensic Testimony: 4-Minute Training Video Based on DOJ Guidelines, by Matthew Clarke
- California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91, by Douglas Ankney
- California Bans Bogus ‘Excited Delirium’ Diagnosis as Cause of Death, by Douglas Ankney
- New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both, by Douglas Ankney
- FBI Lost Count of Its Snitches at Capitol on January 6, 2021, by Douglas Ankney
- U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, by Douglas Ankney
- Jesse Johnson: 194th Person Exonerated While on Death Row, by Jordan Arizmendi
- Kansas Supreme Court Announces State Must Prove Defendant Specifically Intended to Enter Dwelling in Which There Was a Person to Sustain Conviction for Attempted Aggravated Burglary, Overruling State v. Watson, by Douglas Ankney
- Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements, by Anthony Accurso
- NYPD’s Solution for Abusive Cops Who Cost Taxpayers Millions of Dollars in Civil Suits—Promote Them, by Douglas Ankney
- Eleventh Circuit Announces Supervised Release Term Not Tolled When Defendant Absconds, Deepening Circuit Split, by Anthony Accurso
- California Court of Appeal: Confrontation Clause Violated Where Defense Prohibited From Cross-Examining Prosecution Witness About Biased Motivation and Fabrication, by Douglas Ankney
- Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL, by Douglas Ankney
- Study Reveals That Aging Federal Judges May Experience Cognitive Impairment Affecting Their Opinions, by Douglas Ankney
- News in Brief
More from Douglas Ankney:
- The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
- Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026
- BOP Denies Providing Substandard Dialysis Treatment Despite Prisoners’ Deaths, Court Filings, Understaffing and Lack of Oversight, Sept. 1, 2026
- New Jersey Court Rules That Denial of Transgender Prisoner’s Transfer Request Violates Neither Discrimination Law nor Equal Protection Clause, Sept. 1, 2026
More from these topics:
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026. Different Judge, Statement of Reasons, Plain Error, Reasonableness of Sentence, Self-Incrimination Clause.
- Minnesota Judge Spanked For Ignoring Law Restoring Felon Voting Rights, Dec. 15, 2024. Different Judge, Prosecutorial Misconduct, Voting Rights, Comments by Judge.
- Oklahoma Prisoner’s Conviction Tossed After Judge’s Affair With Prosecutor Uncovered, Feb. 1, 2024. Prosecutorial Misconduct, Appearance of Justice/Impartiality.
- Corizon Health Bankruptcy Delayed by Revelation of Attorney’s Affair With Mediator, Jan. 1, 2024. Corizon, Judicial Misconduct, Attorney Misconduct, Bankruptcy, Appearance of Justice/Impartiality.
- California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1), Feb. 15, 2022. Habeas Corpus, Different Judge, Tolling of Statutes of Limitations and Laches.
- SCOTUS ‘Shadow Docket’ Secretly Pushes Agendas, Issues Major Rulings Without Argument or Public Knowledge, Sept. 15, 2020. Judiciary, Comments by Judge.
- In re Motion of District Judge, No. 13-3123 (2nd Cir.) (736 F.3d 155) (November 13, 2013) (Per Curiam), Nov. 18, 2013. Punch And Jurists, Appearance of Justice/Impartiality.
- In re Reassignment of Cases, No. 13-3123 (2nd Cir.) (736 F.3d 118) (November 13, 2013) (Per Curiam), Nov. 18, 2013. Punch And Jurists, Appearance of Justice/Impartiality.
- U.S. v. Hernandez, No. 09-1421-cr (2nd Cir.) (604 F.3d 48) (May 5, 2010) (Judge Dennis G. Jacobs), Nov. 29, 2010. Punch And Jurists, Different Judge.
- U.S. v. Paul, No. 08-30125 (9th Cir.) (561 F.3d 970) (April 2, 2009) (Per Curiam), March 1, 2009. Punch And Jurists, Different Judge.





