Legal Insights

Presumptive Judicial Bias | The trial judge investigated for corruption by FBI agent (victim).

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

Filed under: Federal Crimes

Anton Vialtsin

Anton Vialtsin, Esq., E.I. is a San Diego criminal defense attorney and CJA Panel member in the Southern and Central Districts of California. New case breakdowns every Wednesday on YouTube.

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