Brief filed: 01/13/2011
Documents
United States v. Rubashkin
8th Circuit Court of Appeals; Case No. 10-2487 & 10-3580
Argument(s)
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.
Author(s)
Prof. Ronald D. Rotunda, Chapman University School of Law, Orange, CA.