A story made for television: FBI agent murdered during a bank robbery. A confession obtained through torture by the Mexican police. The trial judge previously investigated for corruption, fraud, and perjury by the very FBI agent that was killed. And the defendant sentenced to death.
Ninth Circuit case from July 25, 2018. The case is Echavarria v. Filson. Presumptive bias occurs when a judge may not actually be biased, but has the appearance of bias such that the probability of actual bias is too high to be constitutionally tolerable. In other words, we must satisfy an appearance of justice.
Read Full Opinion: http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/25/15-99001.pdf
Anton Vialtsin, Esq.
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