Fifth Circuit Orders Removal of District Court Judge from Institutional Reform Lawsuit for Alleged “Intemperate Conduct” During Contempt Proceedings

In M.D. v. Abbott, No. 24-40248 (5th Cir. Oct. 11, 2024), a Fifth Circuit panel reverses an order of contempt against the State of Texas and orders reassignment of a case involving the state’s foster care system to another federal district court judge. “Plaintiffs are a class of minor children who challenged the constitutionality ofContinue reading “Fifth Circuit Orders Removal of District Court Judge from Institutional Reform Lawsuit for Alleged “Intemperate Conduct” During Contempt Proceedings”

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”

District Court That Defied Sixth Circuit to Reverse Criminal Sentence a Second Time Gets Fired from Case

In United States v. Schrank, No. 19-5903 (6th Cir. Sept. 14, 2020), the Sixth Circuit sets aside a criminal sentence for a second time, and remands for sentencing before a different judge. The defendant was convicted of downloading 1000 images of child pornography, which under the Sentencing Guidelines called for incarceration in the range ofContinue reading “District Court That Defied Sixth Circuit to Reverse Criminal Sentence a Second Time Gets Fired from Case”