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June 9, 2016
SCOTUS overturns Pennsylvania death sentence because involved DA who became state justice did not recuse
A death row defendant in the Keystone State got a key win on a judicial bias claim from SCOTUS this morning in Williams v. Pennsylvania, No. 15-5040 (S. Ct. June 9, 2016) (available here). Justice Kennedy authored the opinion for the Court, while Chief Justice Roberts dissented in an opinion Justice Alito joined and Justice Thomas authored his own dissenting opinion. Here is how the Court's opinion gets started:
In this case, the Supreme Court of Pennsylvania vacated the decision of a postconviction court, which had granted relief to a prisoner convicted of first-degree murder and sentenced to death. One of the justices on the State Supreme Court had been the district attorney who gave his official approval to seek the death penalty in the prisoner’s case. The justice in question denied the prisoner’s motion for recusal and participated in the decision to deny relief. The question presented is whether the justice’s denial of the recusal motion and his subsequent judicial participation violated the Due Process Clause of the Fourteenth Amendment.
This Court’s precedents set forth an objective standard that requires recusal when the likelihood of bias on the part of the judge “‘is too high to be constitutionally tolerable.’” Caperton v. A. T. Massey Coal Co., 556 U.S. 868, 872 (2009) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)). Applying this standard, the Court concludes that due process compelled the justice’s recusal.
June 9, 2016 at 12:39 PM | Permalink
Comments
Wonder how much impact the lack of a ninth Justice had on this case. Kennedy's remedy isn't much of a remedy -- a remand to the same court that denied the inmate's substantive claim -- albeit without the now retired disqualified judge. The other justices in the majority had no choice but to accept that very minimal remedy to avoid affirming by an equally divided court.
Posted by: tmm | Jun 9, 2016 4:53:25 PM
That strikes me as the least intrusive remedy. Any other strikes me as a bit extreme under the circumstances.
Posted by: Erik M | Jun 9, 2016 5:32:18 PM