Tag Archives: Abuse of Discretion

Second Circuit Vacates Conviction Because the District Court Did Not Permit Adequate Inquiry Into Juror Anti-Gang Bias

In United States v. Nieves, No. 21-1901 (2d Cir. Jan. 26, 2023), the Second Circuit took the rare step of tossing a criminal conviction because “the district court abused its discretion by failing to take any of several possible steps that could have effectively screened prospective jurors for [anti-gang] bias.” Defendant Nieves was charged withContinue reading “Second Circuit Vacates Conviction Because the District Court Did Not Permit Adequate Inquiry Into Juror Anti-Gang Bias”

District Court Judge Who Promised to “Crush” the Plaintiff’s Attorney Is Assigned Off of Case by Fifth Circuit

In Miller v. Sam Houston State Univ., No. 19-20752 (5th Cir. Jan. 29, 2021), the panel holds that a district court judge’s behavior in a pair of cases fell so far below the standard of fundamental fairness that it had no choice but to reverse, remand and reassign the matters to a different judge. TheContinue reading “District Court Judge Who Promised to “Crush” the Plaintiff’s Attorney Is Assigned Off of Case by Fifth Circuit”