Can a judge at the Court of Appeal remand a case on remand to a different trial judge?
MultiRegion, United States of America
The following excerpt is from Partington v. Gedan, 880 F.2d 116 (9th Cir. 1989):
23 Of course, an appellate court may, under its supervisory powers, reassign the case on remand to a different trial judge, if it determines under the circumstances of the case that allowing the same judge to rehear the case poses an unacceptable risk of bias. See, e.g., Smith v. Mulvaney, 827 F.2d 558, 562-63 (9th Cir.1987).
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