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JOHNSON v. CARROLL

No. 03-2101.

369 F.3d 253 (2004)

Ronald N. JOHNSON v. Thomas J. CARROLL, Warden; Attorney General of the State of Delaware Thomas Carroll, Appellant.

United States Court of Appeals, Third Circuit.

May 24, 2004.

Attorney(s) appearing for the Case

Thomas E. Brown (Argued), Office of Attorney General of Delaware, Department of Justice, Wilmington, DE, for Appellant.

Joseph M. Bernstein (Argued), Wilmington, DE, for Appellee.

Before RENDELL, BARRY and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal raises an interesting question under the recent enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) pertaining to the failure of a state judge to recuse himself because his impartiality might reasonably be questioned. A grand jury in Delaware indicted Ronald N. Johnson for the theft of property valued in excess of $1000, possession of a deadly weapon by a person prohibited...

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