Brief filed: 01/13/2011
United States v. Rubashkin
8th Circuit Court of Appeals; Case No. 10-2487 & 10-3580
Per Morrison v. Olson(1988), a judge should not preside over a trial in which she was intimately involved with the prosecution in the events leading up to trial and should have disqualified herself from hearing defendant-appellant’s new trial motion when her pretrial participation in the prosecution belatedly came to light after defendant’s trial.
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