Supreme Court: Judge should recuse himself in death penalty case – IOTW Report

Supreme Court: Judge should recuse himself in death penalty case

CNN- “The majority’s focus on the appearance of bias, rather than actual bias, should be a sobering lesson to all jurists about their ability to act fairly and impartially…

The Supreme Court ruled Thursday that a Pennsylvania judge should have recused himself from a death penalty case because he had personally authorized the decision to seek the death penalty in his previous post as a district attorney in Philadelphia.

The ruling is a victory for death row inmate Terrance Williams who now gets a new hearing before the Pennsylvania state Supreme Court to challenge his sentence.
As a member of the Pennyslvania state Supreme Court, Judge Ronald D. Castille voted to reinstate the death penalty. Williams argued that he should have recused himself from the case due to his previous involvement.
Thursday’s ruling was 5-3. “Where a judge has had an earlier significant, personal involvement as a prosecutor in a critical decision in the defendant’s case, the risk of actual bias in the judicial proceeding rises to an unconstitutional level,” wrote Justice Anthony Kennedy in the majority opinion.
“Today’s ruling is a clear message to lower court judges that the Constitution imposes its own recusal requirement in cases in which there is too great a risk that the judge will be biased,” said Steve Vladeck, CNN contributor and professor of law at American University Washington College of Law.
“The majority’s focus on the appearance of bias, rather than actual bias, should be a sobering lesson to all jurists about their ability to act fairly and impartially in cases in which they were previously involved in a different capacity,” Vladeck added.

52 Comments on Supreme Court: Judge should recuse himself in death penalty case

  1. Please respond to this post that was banned on FB

    Man, I need to get this off my chest. I have hated Donald Trump since the 80s. He embodies almost everything I find reprehensible in a human being. I could write a book filled with examples of his disgusting behavior. Even when I speak to people who don’t hate him, and they try to give me examples of how he’s a “good” guy…they just cite things that any normal human being does. Like, “He washes his hands after he uses the restroom.”

    The FUCKER has never been selfless or empathetic in any way. If you can tell me of any decent thing he’s ever done, I’ll tell you how it was self serving. I can understand the feeling of being sick of politicians and the way our government (doesn’t) work. But I’m confounded as to how anyone could see this man…a man who had a long public argument with Rosie O’Donnell…as a sensible alternative. (Talk about winning a gold medal in the special olympics…)

    His supporters always say that they like the fact that he, “…tells it like it is.” So if you support him, please allow me to tell it like it is…
    You’re a motherfucking moron! Here are the only true reasons why you support this pig: – He’s a bully, and you like bullies because you’re a bully.
    He’s a bully, and you’re a FUCK and wish you had the balls to be a bully. – You’re a FUCKING coward. You’re afraid of minorities, foreigners, equal rights, decency, and most importantly, you’re afraid of someone you consider to be beneath you improving their station in life. I’ve said it before, “Make America great again” is code for, “I’m sick of all these FUCKERS, FUCKERS, FUCKERS, FUCKERS, FUCKERS, FUCKERS and poor FUCKERS wanting to be treated as decently as I am.” Just the slogan, “Make America great again” suggests that America is no longer great, which is in direct conflict with how you FUCKERS are always talking about how great America is.

    So like I said, I could write a book about how Trump is a world class FUCKER, but I shouldn’t need to. Just look at him. Do you like people like that? Do you want to be like that? Would you want your child to behave like that? For FUCK-sake, if your child behaved like Trump you’d punish/correct them.

    I’m not interested in hearing about how Hillary Clinton is horrible, so shut your stupid mouth. I’m not interested in hearing anything positive or negative about any politician…this isn’t a debate. This is just me simply saying what every decent person thinks and feels, but are too polite to “tell it like it is.”
    Donald Trump is a motherFUCKING FUCKER and if you support him I seriously believe you need to take a good look at yourself and figure out what the FUCK is wrong with you.”

  2. After The post by Ginger I need to find a safe space where I can pet a puppy and color with crayons. Ginger, you have frightened me and I shall react accordingly by rioting, burning shit and looting. You have nobody but yourself to blame

  3. Still, ignoring the results of your choices is no way to evaluate their merits.

    Not wanting a child to be like Trump implies one would rather their child be like Hillary.

    That’s just crazy. That’s Loco. That’s clueless. That’s insultingly stupid.

    Meds need to be taken. Stat!

  4. @Ginger — We’re cute but slow here at IOTWr. You might clarify your role in these things in the future.

    So, this is a rant on your FB page that got banned or ??

    I don’t wonder that it was banned and I don’t think it needs a response.

  5. Getting back to the story, and following the logic of the Supreme Court I wonder where they were when the Proposition 8 (way back in 2008) appeal went before an openly gay Judge who stated that he could be unbiased and would not have anything to gain by his verdict one way or the other. Well after he held that gay marriage in California was legal, he promptly quit, married his boyfriend and left the state. I wonder why the 9th circuit ruled that none of that mattered and his verdict was sound. Gee, Mr. Williams should be counting his lucky stars that the 9th circuit wasn’t involved in his appeal.

  6. Ginger— I don’t know, but somebody needs to see a Fuckiatrist, because, damn. lolol.
    Was that comment banned from a group or did Zucky do it himself? I can’t imagine FB would actually care if Trump was getting trashed, but if it was posted in a group, who doesn’t care for incoherent and profane ramblings, they may delete that. If that was on THAT person’s own page, it was their ‘friends’ who reported it to facebook and got it taken down for whatever reason. Or maybe they took it down themselves, and pretended like it was removed to be an attention wheure.

    Either way. Whatevs. It’s Friday, have a donut and forget about it.

  7. Ginger,
    Don’t mean to sound critical, but there isn’t a single thing in that screed about Mr. Trump. Not a single example of anything he may have done to incite such venom. Only the nasty “feelings” of the author based on some psychological dysentery ABOUT Mr. Trump – but nothing that can, actually, be attributed to Mr. Trump.

    Doesn’t that seem a tad odd?
    Something that, perhaps, someone should be screaming in a bar, or an asylum?

    izlamo delenda est …

  8. Ginger is my sister and the person who posted the rant on Facebook is related to us. Ginger is a published author who is never at a loss for words but we are speechless at this moment. It’s difficult to respond to the insult to both of us simply because we are conservatives who ran screaming from California, the state we were both born and raised in. It was at my suggestion that she post this on IOTW. I have great respect for this site and am always encouraged by the level of intelligence of fellow followers. Whether I agree with comments or not, I can always respect the debate. So be kind and lend her assistance. Carry on!

  9. Ginger, whoever wrote that diatribe was not being rational. It is a waste of time to try to infer the reasoning of an irrational person. I can understand the desire to do that, or to discern the motive if not the reasoning behind making that post, but it is clear to me, for one, that there is no way to address this thing in a way that will be satisfactory to you or anybody else.

    If I had any advice, I’d give it. I don’t. If I were in your position, I would do nothing more than prevent further comment posting by the troubled author.

  10. @ Ginger Simpson: “….they try to give me examples of how he’s a “good” guy. They just cite things that any normal person does.”
    I was walking through the lobby of 725 5th Avenue, Trump Tower some years ago when the ice cream I was sucking on slipped from my hand and fell to the floor, ice cream side down. Donald Trump saw what happened and immediately stooped down and retrieved it. Before he handed it back to me he licked a layer off the top.
    Now that’s a good guy.
    I know,he was only trying to prove to me, and all looking on, that Trump Tower was soooo clean you can eat off the floor.
    I shit you not, Ginger.

  11. “Folks, I just had an email conversation with Ginger, and we all know Gwen – these are 2 patriots!!!”

    Hee Hee Hee, I spotted it in her original comment. I didn’t think she was the one that wrote it. But both those sisters know how to make an entrance. LOL. Welcome aboard Ginger. Try and control your sister will ya.

  12. To Ginger. – It was banned, good, but useless. That poster sounds like a typical lefty, it was probably because it was too honest. They are not big on honestly

    Back to the thread, considering Judge Curiel is a member of a group that called for a total boycott of everything Trump he, too, should reuse himself .

  13. Controlling Gwenn is like trying to stop a stampede by standing where it’s headed and waving you’re hands. I’m lucky, I have another sister who fired the gun that started the stampede.

  14. I’m fisking this comment left by one of Ginger’s Facebook friends. It sounds like my brother!
    ~~~~~~~~

    Man, I need to get this off my chest. I have hated Donald Trump since the 80s. He embodies almost everything I find reprehensible in a human being.

    -Where does Hillary fit on that arc?-

    I could write a book filled with examples of his disgusting behavior. Even when I speak to people who don’t hate him, and they try to give me examples of how he’s a “good” guy…they just cite things that any normal human being does. Like, “He washes his hands after he uses the restroom.”

    -He gives money to charitable organizations all the time. Donations we don’t hear or know about. How does that enrich him?–

    The FUCKER has never been selfless or empathetic in any way. If you can tell me of any decent thing he’s ever done, I’ll tell you how it was self serving.

    –See above–

    I can understand the feeling of being sick of politicians and the way our government (doesn’t) work. But I’m confounded as to how anyone could see this man…a man who had a long public argument with Rosie O’Donnell…as a sensible alternative. (Talk about winning a gold medal in the special olympics…)

    — You’re ranting about a guy who you find reprehensible for his lack of decorum and you drop a special olympics jab in there?
    I can dismiss the rest of your rant right now, but I’m halfway through the cesspool, why stop now?—-

    His supporters always say that they like the fact that he, “…tells it like it is.” So if you support him, please allow me to tell it like it is…
    You’re a motherfucking moron! Here are the only true reasons why you support this pig: – He’s a bully, and you like bullies because you’re a bully.

    -Not true. I would like you if that was the case. I’m pretty sure I don’t like you.–

    He’s a bully, and you’re a FUCK and wish you had the balls to be a bully. – You’re a FUCKING coward.

    –You just said I was a bully, now you say I wish I was a bully. Which is it, professor?–

    You’re afraid of minorities, foreigners, equal rights, decency, and most importantly, you’re afraid of someone you consider to be beneath you improving their station in life.

    –I’m afraid of equal rights for illegals—

    I’ve said it before, “Make America great again” is code for, “I’m sick of all these FUCKERS, FUCKERS, FUCKERS, FUCKERS, FUCKERS, FUCKERS and poor FUCKERS wanting to be treated as decently as I am.”

    –Make America Great Again doesn’t appeal to someone who’s satisfied with the current state of affairs.
    You’re happy? You think America is at it’s zenith?—

    Just the slogan, “Make America great again” suggests that America is no longer great, which is in direct conflict with how you FUCKERS are always talking about how great America is.

    –You’re conflicted. America is in decline, and it’s still better than any other country. That’s how great America once was, and we’ll get it there again.—

    So like I said, I could write a book about how Trump is a world class FUCKER, but I shouldn’t need to. Just look at him. Do you like people like that?

    –People who have a vision to make America great again? Ya, I like that.—

    Do you want to be like that? Would you want your child to behave like that?

    —No. It would be weird if a child acted like anyone over the age of 16.–

    For FUCK-sake, if your child behaved like Trump you’d punish/correct them.

    — For what?

    I’m not interested in hearing about how Hillary Clinton is horrible, so shut your stupid mouth.

    —Apparently this is the technique you’ve employed your entire life that has leveraged you into this impressive thinker and writer.—

    I’m not interested in hearing anything positive or negative about any politician…this isn’t a debate.

    –Could we sayyyyy, I dunno, that this fits the definition of being a bully?—

    This is just me simply saying what every decent person thinks and feels, but are too polite to “tell it like it is.”

    –I’m pretty decent, and I don’t feel the way you do. So your theory is invalid. —

    Donald Trump is a motherFUCKING FUCKER and if you support him I seriously believe you need to take a good look at yourself and figure out what the FUCK is wrong with you.”

    — You’re very persuasive … Thorazine STAT!

  15. BFH. Loved your response. Sadly this lame liberal is my son and he knows my political stance. I’ve never considered myself a “fucking moron,” but sadly I must be if I raise someone with such a closed mind who demeans his mother so publicly. I’m sure someone was offended by his nasty language but that’s standard for him.

  16. @Mizging – How old is that son? And how do I pronounce “Mizging” in my head? Are both Gs the same, sounding like G as in George? or G as in Greg? I suspect soft G as in the former but I’d hate to embarrass myself in front of my self by mispronouncingthinking it! (-:

  17. “It’s Friday, have a donut and forget about it.”

    Heh, MJA went Canadian on us.

    ==============

    Ginger, Please tell us he isn’t living in your house still.

    ==============

    I thought the thing that pops up when you vote was annoyingly large this morning, but now it’s at least 5″ x 5″. WTH?

    It’s not generating revenue, is it? I don’t see an Ad on it.

  18. Miz as in the southern sounding miss and aging…the first four letters of Ginger. Hate to give away my own age but that son is 49 and still in the clutches of the defunct state of Caifornia. If I had to guess, I’d put my money on his not even being registered to vote. I don’t see or talk to him often and that’s probably a good thing. I was a registered Democrat for years but I finally sided up. Glad to be FROM the stupidity of Jerry Brown and all the other losers CA keeps electing.

  19. @Mizging – the best I can do is relate the story of my dear, wise mother who, upon learning her son was gay pondered for a moment and then declared “Well, it was nothing I did” then went on with her life as usual.

    We each have our own lessons to learn in this life. Doesn’t sound like your son has learned any of his. Until he does, his will be a life filled with hatred and envy and who needs to be around that?

  20. Wow, that’s hard, Mizging. Know how it feels. For me, the day came when it was impossible to make things any different and the pain/loss continues.

    I hope something can change for the good for you. It may be that it’s just meant to be this way, though, so I hope you have peace and acceptance with the reality. You are stronger for it already.

  21. Mizging…your son is 49 and still types/talks to his mom like that?….I think he needs some clinical redirection in his life and Bad Brad might be the right therapist to apply this therapy….otherwise, there are many others willing…

  22. Willy I had to dump a 23 year old son on the ground a year ago because of his mouth with his mother. I polite explained to him she was my wife before she was your mother so watch your fucking mouth

  23. @Mizging – 49!? Ouch. It’s a bit late for molding, guiding, directing, I guess. Duh.

    That’s very unfortunate. A lot of kids are really nasty assholes from adolescence through early to mid 20s. I know I sure was (some will argue I still am at age 67).

    But this of course raises the very old nature versus nurture question. I reject the 100% either way arguments so that good parents can dismiss awful offspring as not a failure on their part. Realistically, though, I know that for a such a good parent it will forever be a pain and disappointment no matter what.

    And that’s a shame.

  24. Thanks guys….even Brad. And yes there is another sister and she is lethal. She and I are the screamers (at asshole liberals) and Ginger is the calming one. We are the three G’s. Ginger, Glynda and Gwenn. BFH….great comeback.

  25. When my oldest son started treating my wife badly, I gave him two choices.
    The door or the military.
    He went with the Army.
    Boot camp gave him a proper perspective on life, and a few tours in the sandbox rounded him out real well.
    He is married, gave me a beautiful granddaughter. A dad couldn’t ask for more.

  26. Ginger, I feel your pain.
    I have an older brother that talked to me like that.
    Notice I say “talked.”
    I’m not saying everyone should do this, but I’ve cut leftists out of my personal life.

    Ginger, If I had time to read I would read one of yours.

  27. It’s amazing how members of a family can think so differently. My mom and 4 brothers are nuts, I talk to my mom because she is my mom, but my brothers don’t talk to me much. I’ve read about the Civil War and that families fought against each other sometimes, at that time I couldn’t see how that would happen. I guess now I can.

  28. Ginger, when I read that the poster of such balderdash was a relative, I was hoping it was a distant cousin or a nutty in-law that you could comfortably uninvite to all future Thanksgiving dinners. Now that I know it is your son, all I can say is: 1) I’m sorry – I really, really am; 2) his rant truly seems maniacal, as in, perhaps he has an undiagnosed “situation”?; and 3) I am following you out of California — the moving van came yesterday, we had our cars shipped today, and our flights are Sunday morning. Cannot wait to get to flyover country 🙂

  29. …getting back to the original subject of this thread…..(really, I’m thoroughly fascinated by the Gingers)
    we need to sit back & contemplate this ruling …. seriously. can you imagine any future trial going on without judicial bias? …. think about it …..”….if it pleases the court, this judge should be recused because he/she has a bias against street ‘artists’, peter-puffers, mullet-headed Trailer Park dwellers, Gang bangers, truckers, thumbsuckers, train riders, bedwetters, lesbian gaucho bronco-buckers, pre-columbia art lovers, jaywalkers, nose-pickers, city slickers … whatever the judge has prosecuted in the past …. there is a bias … so let it be written, so let it be done.
    there was bias when Sonya Sotamayor was picked for the Supreme Court … was there not? …. there was bias when the judge ruled against Trump …. was there not? …. according to this latest ‘brilliance’ from the Supremes (funny how they’ve become such a parity of themselves; like watching re-runs of ‘Idiocracy’)… is it not?
    if I’m Trump, this is going to get hammered …. the logic of the socialist/fascist/communist twists like a pretzel …. use it against them

  30. OK, Ginger It was the final straw for me, I was a “[ginger language] FUCKING” pro-Cruz] in this election.
    But Thank you, Ginger. I will not just hold my nose at this election, but I will actually stump for Donald Trump over the horrific Hillary Clinton.

    Thank you for your input.

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