RICE v. McKENZIE

No. 77-1475.

581 F.2d 1114 (1978)

John M. RICE, Appellant, v. Arthur L. McKENZIE, Acting Warden, West Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 1978.


Attorney(s) appearing for the Case

Cynthia L. Turco, Charleston, W. Va. (Spilman, Thomas, Battle & Klostermeyer, Charleston, W. Va., on brief), for appellant.

William D. Highland, Asst. Atty. Gen., Charleston, W. Va. (Chauncey H. Browning, Jr., Atty. Gen. of W. Va., Charleston, W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.


HAYNSWORTH, Chief Judge:

The question is whether a federal district judge must recuse himself in a federal habeas corpus case when, as chief justice of the state, he had participated in the state supreme court's adjudication of the same claims. The district judge thought not. We have no doubt that the disposition of the claims in the district court was without any actual bias or prejudice, but we think that the objective...

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