Can counsel request recusal of the trial judge?
MultiRegion, United States of America
The following excerpt is from U.S. v. Winston, 613 F.2d 221 (9th Cir. 1980):
Counsel may request the recusal of the trial judge under 28 U.S.C. 144, which is to be construed like section 455, providing for recusal Sua sponte. United States v. Olander, supra. Because we find that recusal was inappropriate in this case (part I, Supra ), we hold that appellant was not prejudiced by the failure of his counsel to make such a request.
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