green
Positive treatment
Quoted verbatim 2×
43.7 score
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Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
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Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited "but see"
Price v. Short
But cf. United States v. DiPasquale, 864 F.2d 271 , 276 n. 9 (3d Cir.1988) (under facts of this case, Italian-Americans not entitled to Batson's protections), cert. denied, 492 U.S. 906 , 109 S.Ct. 3216 , 106 L.Ed.2d 566 (1989).
examined
Cited as authority (verbatim quote)
Gregory Ezeani v. Bridgett Kelly
bsent a specific showing that that judge was previously involved with a case while in the u.s. attorney's office that he or she is later assigned to preside over as a judge, 455(b)(3) does not mandate recusal.
examined
Cited as authority (verbatim quote)
United States v. Richard Potts
bsent a specific showing that that judge was previously involved with a case while in the u.s. attorney's office that he or she is later assigned to preside over as a judge, 455(b)(3) does not mandate recusal.
discussed
Cited as authority (rule)
Fatir v. Phelps
Under § 455(b)(1), a judge is required to recuse himself “[w]here he has a personal bias or prejudice concerning a party.” Under § 455(b)(3), a judge is required to recuse himself “[w]here he has served in governmental employment and in such capacity participated as counsel, advisor or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy.” 12. | With regard to a judge who formerly served in the United States Attorney’s Office, “absent a specific showing that that judge was previously involved with a case wh…
discussed
Cited as authority (rule)
Fatir v. Phelps
Under § 455(b)(3), a judge is required to recuse himself “[w]here he has served in governmental employment and in such capacity participated as counsel, advisor or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy.” With regard to a judge who formerly served in the United States Attorney’s Office, “absent a specific showing that that judge was previously involved with a case while in the U.S. Attorney's office that he or she is later assigned to preside over as a judge, § 455(b)(3) does not mandate recusal.�…
discussed
Cited as authority (rule)
Michael Joseph Johnson v. Municipality of Anchorage
Flamm, Judicial Disqualification: Recusal and Disqualification of Judges § 38.4, at 583 (3d ed. 2017); see, e.g., People v. Julien, 47 P.3d 1194, 1197-98 (Colo. 2002) (en banc); State v. Connelly, 930 So.2d 951, 954-55 (La. 2006); State v. Whittey, 821 A.2d 1086, 1090-91 (N.H. 2003); see also Laird v. Tatum, 409 U.S. 824, 830 (1972) (Rehnquist, J., memorandum) (stating that the Justice’s own previous employment at the Department of Justice when the case was pending was not, by itself, grounds for discretionary disqualification); Matson v. Bd. of Educ., 631 F.3d 57, 78 (2d Cir. 2011) (Straub…
discussed
Cited as authority (rule)
Wells Fargo Bank NA v. Wyo Tech Investment Group LLC
Such a claim is not sufficient to 27 mandate recusal.”) (footnote omitted); Kendrick v. Carlson, 995 F.2d 1440, 1444 (8th Cir. 1993) (“[T]his per se [disqualification] rule does not extend to disqualify a supervisory 28 AUSA who had no involvement with a case brought in his district.”); United States v. Di Pasquale, 864 F.2d 271, 279 (3d Cir. 1988) (same). 1 congressional staffer to the USAO’s public affairs officer (but not the undersigned judge), 2 with Danzik cc’d (Doc. 204-1 at 1)—does trigger some vague memories.
discussed
Cited as authority (rule)
Gregory Brown v. Ellen Mace-Liebson
(2×)
also: Cited "see"
Pursuant to 28 U.S.C. § 455 (b)(3), a judge must disqualify himself “[w]here he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy.” With regard to a judge who formerly served in the United States Attorney’s Office, we have stated that, “absent a specific showing that that judge was previously involved with a case while in the U.S. Attorney’s office that he or she is later assigned to preside over as a judge, § 45…
discussed
Cited as authority (rule)
James Polidoro v. Gerald Saluti
Furthermore, although Polidoro alleges that Judge McNulty served' as a U.S. Attorney during that office’s investigation into his case in the 1990s, we have held that "absent a specific showing that that judge was previously involved with a case while in the U.S. Attorney’s office that he or she is later assigned to preside over as a judge, § 455(b)(3) does not mandate recusal.” United States v. Di Pasquale, 864 F.2d 271, 279 (3d Cir. 1988).
discussed
Cited as authority (rule)
State of Delaware v. Madison.
FLAMM, JUDICIAL DISQUALIFICATIONS: RECUSAL AND DISQUALIFICATIONS OF JUDGES § 8.9 at 225-29 (2d ed. 2007). 24 See United States v. Di Pasquale, 864 F.2d 271, 279 (3d Cir. 1988) (judge is not required to recuse himself or herself from cases tried by U.S. Attorney’s Office if not previously involved in case while employed with office).
discussed
Cited as authority (rule)
State of Delaware v. Madison.
FLAMM, JUDICIAL DISQUALIFICATIONS: RECUSAL AND DISQUALIFICATIONS OF JUDGES § 8.9 at 225-29 (2d ed. 2007). 24 See United States v. Di Pasquale, 864 F.2d 271, 279 (3d Cir. 1988) (judge is not required to recuse himself or herself from cases tried by U.S. Attorney’s Office if not previously involved in case while employed with office).
discussed
Cited as authority (rule)
United States v. Confredo
See United States v. Jackson, 891 F.2d 1151, 1152-53 (5th Cir. 1989); United States v. Di Pasquale, 864 F.2d 271, 279-80 (3d Cir. 1988); United States v. Sink, 851 F.2d 1120, 1121 (8th Cir. 1988); United States v. Patterson, 820 F.2d 1524, 1526 (9th Cir. 1987); cf. Samuel, 296 F.3d at 1173 (expressing uncertainty as to whether section 3147 creates a separate offense).
discussed
Cited as authority (rule)
United States v. Confredo
See United States v. Jackson, 891 F.2d 1151, 1152-53 (5th Cir.1989); United States v. Di Pasquale, 864 F.2d 271, 279-80 (3d Cir.1988); United States v. Sink, 851 F.2d 1120, 1121 (8th Cir.1988); United States v. Patterson, 820 F.2d 1524, 1526 (9th Cir.1987); cf. Samuel, 296 F.3d at 1173 (expressing uncertainty as to whether section 3147 creates a separate offense).
discussed
Cited as authority (rule)
United States v. Magloire
Apart from Judge Gomez’s tenure as an Assistant United States Attorney, Magloire offers little to establish that “a reasonable person knowing all the circumstances would harbor doubts concerning the judge’s impartiality.” United States v. Di Pasquale, 864 F.2d 271, 279 (3d Cir.1988) (quotation omitted).
cited
Cited as authority (rule)
United States v. Rosario-Vazquez
United States v. Di Pasquale, 864 F.2d 271, 278 (3d Cir.1988).
discussed
Cited as authority (rule)
United States v. Champlin
United States v. Scholl, 166 F.3d 964, 977 (9th Cir.1999), held that a district court judge who had served as the Chief Criminal Assistant to the United States Attorney was not required to recuse herself because she was never involved in the case at issue and because the division she supervised was not involved in the investigation or prosecution of the case. 5 United States v. Di Pasquale, 864 F.2d 271, 279 (3d Cir.1988), reached the same result, refusing to extend the per se disqualification rule for United States Attorneys “to cover every judge who has previously worked as a supervisory �…
discussed
Cited as authority (rule)
Commonwealth v. Uderra
(2×)
Cf. Rico v. Leftridge-Byrd, 340 F.3d 178, 185 (3d Cir.2003) (“We have not permitted a defendant to base a Batson challenge solely on the fact that a potential juror has an Italian surname.” (citing United States v. Di Pasquale, 864 F.2d 271, 277 (3d Cir.1988)).
discussed
Cited as authority (rule)
Rico v. Leftridge-Byrd
(2×)
In United States v. DiPasquale, 864 F.2d 271 (3d Cir. 1988), our first post- Batson foray, we did not answer the question of whether Batson applies to Italian-Americans, but made quite clear that even if Batson was not limited to black Americans or to race, it must at least be shown — a showing much easier said than done — “that persons with Italian surnames . . . constitute a group that has been singled out for differential treatment and has been disparately represented on juries [in the state].” Id. at 277 (emphasis in original).
discussed
Cited as authority (rule)
Joseph Rico v. Mary Leftridge-Byrd the District Attorney of the County of Philadelphia the Attorney General of the State of Pennsylvania
(2×)
In United States v. DiPasquale, 864 F.2d 271 (3d Cir.1988), our first post -Batson foray, we did not answer the question of whether Batson applies to Italian-Americans, but made quite clear that even if Batson was not limited to black Americans or to race, it must at least be shown - a showing much easier said than done - “that persons with Italian surnames ... constitute a group that has been singled out for differential treatment and has been disparately represented on juries [in the state].” Id. at 277 (emphasis in original).
discussed
Cited as authority (rule)
People v. Julien
(2×)
See United States v. Ruzzano, 247 F.3d 688, 693 (7th Cir.2001) (holding that judge was not disqualified under § 455(a) for being a former assistant United States attorney in the office handling the prosecution); United States v. Di Pasquale, 864 F.2d 271, 279 (3d Cir.1988) (holding that impartiality of judge was not in doubt where defendant had *1199 not shown the judge's prior involvement as a prosecutor in his case); see also Laird v. Tatum, 409 U.S. 824, 830 , 93 S.Ct. 7 , 34 L.Ed.2d 50 (1972) (Justice Rehnquist stating that his employment at the Justice Department where the case was pendi…
discussed
Cited as authority (rule)
United States v. Bezmalinovic
See, e.g., United States v. Jackson, 891 F.2d 1151, 1152-53 (5th Cir.1989); United States v. Feldhacker, 849 F.2d 293, 298-99 (8th Cir. 1988); United States v. Di Pasquale, 864 F.2d 271, 279-281 (3d Cir.1988).
discussed
Cited as authority (rule)
United States v. Charles Lowell Kentz
(2×)
also: Cited "see, e.g."
Because the language of the statute itself does not require notice of the possibility for sentence enhancement, these courts reject the legislative history analysis of Cooper. 5 As DiPasquale put it, “[i]n our view, this rationale reads too much into what was not said by the legislative history and reads too little of what was said by the statute itself.” 864 F.2d at 281.
discussed
Cited as authority (rule)
United States v. Ruzzano, David A.
(2×)
also: Cited "see"
See Boyd, 208 F.3d at 647 ; Mangum v. Hargett, 67 F.3d 80, 83 (5th Cir. 1995) (holding that sec. 455(b)(3) does not require recusal "unless the former government attorney has actually participated in some fashion in the proceedings"); Kendrick v. Carlson, 995 F.2d 1440, 1444 (8th Cir. 1993); United States v. Di Pasquale, 864 F.2d 271, 279 (3rd Cir. 1988) (finding that sec. 455(b)(3) does not mandate recusal "absent a specific showing that that judge was previously involved with a case while in the U.S. Attorney’s Office."); cf., United States v. Pepper & Potter, Inc., 677 F. Supp. 123, 126 (…
discussed
Cited as authority (rule)
United States v. David A. Ruzzano
(2×)
also: Cited "see"
See Boyd, 208 F.3d at 647 ; Mangum v. Hargett, 67 F.3d 80, 83 (5th Cir.1995) (holding that § 455(b)(3) does not require recusal “unless the former government attorney has actually participated in some fashion in the proceedings”); Kendrick v. Carlson, 995 F.2d 1440, 1444 (8th Cir.1993); United States v. Di Pasquale, 864 F.2d 271, 279 (3rd Cir.1988) (finding that § 455(b)(3) does not mandate recusal “absent a specific showing that that judge was previously involved with a case while in the U.S. Attorney’s Office.”); c/., United States v. Pepper & Potter, Inc., 677 F.Supp. 123, 126 (…
cited
Cited as authority (rule)
United States v. Boyd, Jeff
E.g., Mangum v. Hargett, 67 F.3d 80, 83 (5th Cir. 1995); Kendrick v. Carlson, 995 F.2d 1440, 1444 (8th Cir. 1993); United States v. Di Pasquale, 864 F.2d 271, 279 (3d Cir. 1988).
discussed
Cited as authority (rule)
United States v. Jeff Boyd, Charles Green, Sammy Knox, Noah R. Robinson, and Melvin Mays
(2×)
E.g., Mangum v. Hargett, 67 F.3d 80, 83 (5th Cir.1995); Kendrick v. Carlson, 995 F.2d 1440, 1444 (8th Cir.1993); United States v. Di Pasquale, 864 F.2d 271, 279 (3d Cir.1988).
discussed
Cited as authority (rule)
Ballen v. MARTIN CHEVROLET-BUICK OF DELAWARE
The Third Circuit Court of Appeals teaches that on a recusal motion based upon 28 U.S.C. § 455 , “[t]he applicable inquiry is whether ‘a reasonable [person] knowing all the circumstances would harbor doubts concerning the judge’s impartiality.’” United States v. Vespe, 868 F.2d 1328, 1341 (3d Cir.1989) (citing United States v. Di Pasquale, 864 F.2d 271, 279 (3d Cir.1988)) (quoting Edelstein v. Wilentz, 812 F.2d 128, 131 (3d Cir.1987)).
examined
Cited as authority (rule)
Commonwealth v. Rico
(5×)
United States v. Campione, 942 F.2d 429, 432-33 (7th Cir.1991); United States v. Bucci, 839 F.2d 825, 833 (1st Cir.1988), cert. denied, 488 U.S. 844 , 109 S.Ct. 117 , 102 L.Ed.2d 91 ; United States v. DiPasquale, 864 F.2d 271, 276 (3rd Cir.1988), cert. denied, 492 U.S. 906 , 109 S.Ct. 3216 , 106 L.Ed.2d 566 (1989); United States v. Angiulo, 847 F.2d 956, 984 (1st Cir.1988), cert. denied, 488 U.S. 928 , 109 S.Ct. 314 , 102 L.Ed.2d 332 (1988); United States v. Sgro, 816 F.2d 30, 33 (1st Cir.1987), cert. denied, 484 U.S. 1063 , 108 S.Ct. 1021 , 98 L.Ed.2d 986 (1988).
discussed
Cited as authority (rule)
State v. Fukusaku
United States v. Di Pasquale, 864 F.2d 271, 277 (3d Cir.1988) (considering whether Italian-Americans are a cognizable racial or ethnic group), cert. denied, 492 U.S. 906 , 109 S.Ct. 3216 , 106 L.Ed.2d 566 (1989); United States v. Sgro, 816 F.2d 30, 33 (1st Cir.1987), cert. denied, 484 U.S. 1063 , 108 S.Ct. 1021 , 98 L.Ed.2d 986 (1988).
discussed
Cited as authority (rule)
State v. Ringuette
See Jackson, 891 F.2d at 1152 ; United States v. Di Pasquale, 864 F.2d 271, 279-80 (3rd Cir. 1988); United States v. Feldhacker, 849 F.2d 293, 299 (8th Cir. 1988); United States v. Patterson, 820 F.2d 1524, 1526 (9th Cir. 1987).
discussed
Cited as authority (rule)
United States v. Roberto Vazquez, Rafael Peralta, AKA Juan Martinez, AKA \Pichardo
(2×)
DiPasquale, 864 F.2d at 281.
discussed
Cited as authority (rule)
United States v. Lisk
United States v. Di Pasquale, 864 F.2d 271, 280-81 (3d Cir.1988), cert. denied, 492 U.S. 906 , 109 S.Ct. 3216 , 106 L.Ed.2d 566 (1989); United States v. Bertoli, 854 F.Supp. 975 , 1149-50 & n. 252 (D.N.J.), aff'd in part & vacated in part on other grounds, 40 F.3d 1384 (3d Cir.1994); accord United States v. Browning, 61 F.3d 752, 756-57 (10th Cir.1995); but see United States v. Onick, 889 F.2d 1425, 1433 (1989), reh’g denied, 894 F.2d 1335 (5th Cir.1990); United States v. Cooper, 827 F.2d 991, 994-95 (4th Cir.1987).
discussed
Cited as authority (rule)
Mangum v. Hargett
United States v. Di Pasquale, 864 F.2d 271, 279 (3d Cir.1988), cert. denied, 492 U.S. 906 , 109 S.Ct. 3216 , 106 L.Ed.2d 566 (1989) (recusal not required absent a specific showing that the judge was involved in the previous case); Kendrick v. Carlson, 995 F.2d 1440 (8th Cir.1993) (prosecutor with no involvement in prior case not required to disqualify himself as judge); United States v. Gipson, 835 F.2d 1323 (10th Cir.), cert. denied, 486 U.S. 1044 , 108 S.Ct. 2038 , 100 L.Ed.2d 623 (1988) (to require recusal, there must be a showing that judge actually participated as counsel in the prior pro…
discussed
Cited as authority (rule)
United States v. Edwin Gayle Browning, A/K/A \Tex Browning
United States v. Jackson, 891 F.2d 1151, 1152-53 (5th Cir.1989), cert. denied, 496 U.S. 939 , 110 L.Ed.2d 668 (1990); United States v. Di Pasquale, 864 F.2d 271, 279-80 (3d Cir.1988), cert. denied, 492 U.S. 906 , 109 S.Ct. 3216 , 106 L.Ed.2d 566 (1989); United States v. Feldhacker, 849 F.2d 293, 298-99 (8th Cir.1988); United States v. Patterson, 820 F.2d 1524, 1526 (9th Cir.1987).
discussed
Cited as authority (rule)
City of Beaumont v. Bouillion
(2×)
Contra United States v. Bucci, 839 F.2d 825, 833 (1st Cir.) (holding that the defendants failed to show that Italian-Americans were a cognizable group for Batson purposes), cert. denied, 488 U.S. 844 , 109 S.Ct. 117 , 102 L.Ed.2d 91 (1988); United States v. Di Pasquale, 864 F.2d 271, 277 (3d Cir.1988) (stating additionally that Italian surnames do not prove ethnicity), cert, denied sub nom.
discussed
Cited as authority (rule)
Aronson v. Brown
See, e.g., Kendrick v. Carlson, 995 F.2d 1440, 1444 (8th Cir.1993); United States v. Di Pasquale, 864 F.2d 271, 279 (3rd Cir.1988); United States v. Gipson, 835 F.2d 1323, 1326 (10th Cir.1988); see also Guide to Judiciary Policies and Procedures, vol. 2, Ch. 5, 1 Compendium § 3.4-4 (1993) (under Canon 3 of the Code of Conduct for U.S. Judges, which closely mimics the wording of § 455, “A judge who formerly served as Assistant United States Attorney should recuse from all eases involving matters with which the judge came in contact during the judge’s tenure, or for which the judge bore so…
cited
Cited as authority (rule)
United States of America, Plaintiff/appellee/cross-Appellant v. Tommy Blake McCary Defendant/appellant/ Cross-Appellee
For a discussion of 18 U.S.C. § 3147 , see United States v. Di Pasquale, 864 F.2d 271, 279-81 (3rd Cir.1988).
discussed
Cited as authority (rule)
United States v. Basil Vespe, David L. Padrutt and Alex Fein, A/K/A Alex Feinman. Appeal of Basil Vespe
The applicable inquiry is whether “‘a reasonable [person] knowing all the circumstances would harbor doubts concerning the judge’s impartiality.’ ” United States v. Di Pasquale, 864 F.2d 271, 279 (3d Cir.1988) (quoting Edelstein v. Wilentz, 812 F.2d 128, 131 (3d Cir.1987)).
cited
Cited "see"
William Trengove, Jr. v. DOJ
See United States v. Di Pasquale, 864 F.2d 271, 279 (3d Cir. 1988).
discussed
Cited "see"
OKWUEGO v. CORREIA
(2×)
See United States v. Di Pasquale, 864 F.2d 271 , 279 Gd Cir. 1988) (holding that recusal was “not mandated” under §455(a) where the trial judge was a former Assistant United States Attorney and the party seeking disqualification did not show “that the district judge had prior involvement in the prosecution of his case, or that she had any improper connection with the defendants, prosecutors, witnesses or any one else involve with this trial”).
cited
Cited "see"
United States v. Marion Norwood
See United States v. Pi Pasquale, 864 F.2d 271 , 278-79 (3d Cir. 1988); United States v. Gipson, 835 F.2d 1323, 1326 (10th Cir. 1988).
cited
Cited "see"
Rawlins v. People
See United States v. Di Pasquale, 864 F.2d 271, 279-80 (3d Cir. 1988).
examined
Cited "see"
United States v. Lewis
(3×)
See United States v. Di Pasquale, 864 F.2d 271, 280 (3d Cir.1988) (holding that § 3147 is a sentencing enhancement and not a separate offense); see also United States v. Hecht, 212 F.3d 847, 848 (3d Cir.2000) (treating § 3147 as a sentencing enhancement); U.S.S.G. § 3C1.3 (referring to § 3147 as a sentencing enhancement).
cited
Cited "see"
United States v. Rea-Tapia
See United States v. Di Pasquale, 864 F.2d 271, 279 (3d Cir.1988). 5 .
discussed
Cited "see"
United States v. Lynn
(2×)
Similarly, appellant cites several cases for the proposition that “a United States Attorney serves as counsel to the government in all prosecutions brought in his district while he is in office and that he therefore is prohibited from later presiding over such cases as a judge.” Kendrick v. Carlson, 995 F.2d 1440, 1444 (8th Cir.1993); see United States v. Di Pasquale, 864 F.2d 271, 278-79 (3rd Cir. 1988); Barry v. United States, 528 F.2d 1094, 1099 (7th Cir.1976); United States v. Amerine, 411 F.2d 1130, 1133-34 (6th Cir. 1969).
discussed
Cited "see"
United States v. Bertoli
(2×)
Accordingly, Bertoli is subject to an additional ten-year period of incarceration pursuant to 18 U.S.C. § 3147 , which provides in pertinent part: A person convicted of an offense committed while on [pretrial release] shall be sentenced in addition to the sentence prescribed for by the offense to (1) a term of *1126 imprisonment of not more than ten years if the offense is a felony. 18 U.S.C. § 3147 (emphasis added); see United States v. Di Pasquale, 864 F.2d 271, 279-80 (3d Cir.1988), cert. denied sub nom., Di Norscio v. United States, 492 U.S. 906 , 109 S.Ct. 3216 , 106 L.Ed.2d 566 (1989).
discussed
Cited "see"
United States v. Thomas Campione, Marion Collins and John Patricelli
See United States v. Di Pasquale, 864 F.2d 271, 276 (3rd Cir.1988) (court said even if Batson was not restricted to race, defendants failed to present a prima facie case), cert. denied, 492 U.S. 906 , 109 S.Ct. 3216 , 106 L.Ed.2d 566 (1989); United States v. Angiulo, 847 F.2d 956, 984 (1st Cir.1987) (defendant failed to show that Italian-Americans are a cognizable group), cert. denied, 488 U.S. 852 , 928, 109 S.Ct. 138 , 314, 102 L.Ed.2d 110 , 332 (1988); United States v. Bucci, 839 F.2d 825, 833 (1st Cir.1988) (court said that Batson extends to ethnic groups that meet the criteria and defenda…
discussed
Cited "see"
Youngworth v. United States
See United States v. DiPasquale, 864 F.2d 271 , 279-80 (3d Cir.1988); United States v. Rodriguez, 794 F.2d 24, 25-28 (2d Cir.1986), rev’d on other grounds, 480 U.S. 522 , 107 S.Ct. 1391 , 94 L.Ed.2d 533 (1987).
Retrieving the full opinion text from the archive…
John R. WALLACE
v.
Otis R. BOWEN, Secretary of Health and Human Services. Appeal of John R. WALLACE, Appellant
v.
Otis R. BOWEN, Secretary of Health and Human Services. Appeal of John R. WALLACE, Appellant
87-3840.
Court of Appeals for the Third Circuit.
Dec 14, 1988.
Seitz, Sloviter, Hutchinson.
Published
ORDER
ORDERED that panel rehearing in the above captioned matter is granted, and it is
FURTHER ORDERED that the Clerk of this court vacate the panel’s opinion and the judgment entered thereon, and it is
FURTHER ORDERED that this case shall be listed for disposition at a date convenient to the court.