United States v. Albert Eugene Carmichael, Jr., 726 F.2d 158 (4th Cir. 1984). · Go Syfert
United States v. Albert Eugene Carmichael, Jr., 726 F.2d 158 (4th Cir. 1984). Cases Citing This Book View Copy Cite
94 citation events (29 in the last 25 years) across 20 distinct courts.
Strongest positive: Kim v. The Rector and Visitors of the University of Virginia (vawd, 2025-09-26)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Kim v. The Rector and Visitors of the University of Virginia
W.D. Va. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
the standard to be applied is an objective one, to foster not only actual impartiality but also the appearance of impartiality.
discussed Cited as authority (verbatim quote) Robinson v. Pardee UNC Healthcare
W.D.N.C. · 2021 · quote attribution · 1 verbatim quote · confidence high
unfavorable rulings to one party, with nothing more, are not grounds for recusal
discussed Cited as authority (verbatim quote) Ex Parte Ted's Game Enterprises
Ala. · 2004 · quote attribution · 1 verbatim quote · confidence high
a denial of recusal is thus not an abuse of discretion if the complaint is merely based upon the judge's rulings in the instant case or related cases ....
cited Cited as authority (rule) Short v. Boyd
W.D.N.C. · 2024 · confidence medium
For disqualification to be required, “[t]he alleged bias must . . . be personal, as distinguished from judicial, in nature.” United States v. Carmichael, 726 F.2d 158, 160 (4th Cir. 1984).
cited Cited as authority (rule) Chi v. United States
S.D.W. Va · 2024 · confidence medium
United States v. Carmichael, 726 F.2d 158, 162 (4th Cir. 1984).
cited Cited as authority (rule) Garvin v. Cohen
D.S.C. · 2022 · confidence medium
In other words, “[t]he alleged bias must . . . be personal, as distinguished from judicial, in nature.” United States v. Carmichael, 726 F.2d 158, 160 (4th Cir. 1984).
cited Cited as authority (rule) Neville v. McCaghren
W.D.N.C. · 2020 · confidence medium
July 25, 2013) (quoting United States v. Carmichael, 726 F.2d 158, 160 (4th Cir. 1984)).
cited Cited as authority (rule) United States v. Wilson
4th Cir. · 2010 · confidence medium
United States v. Carmichael, 726 F.2d 158, 159 (4th Cir. 1984).
cited Cited as authority (rule) United States v. Wilson
4th Cir. · 2010 · confidence medium
United States v. Carmichael, 726 F.2d 158, 159 (4th Cir.1984).
discussed Cited as authority (rule) United States v. Black
E.D.N.C. · 2007 · confidence medium
For example, in United States v. Carmichael, 726 F.2d 158, 160-62 (4th Cir.1984), the district judge made several statements in court deriding the defendant’s arguments and motions during the defendant’s re-trial before the same judge.
cited Cited as authority (rule) United States v. Gibbs
4th Cir. · 2006 · confidence medium
United States v. Carmichael, 726 F.2d 158, 162 (4th Cir.1984).
cited Cited as authority (rule) United States v. Daniels
4th Cir. · 2006 · confidence medium
United States v. Carmichael, 726 F.2d 158, 162 (4th Cir.1984).
discussed Cited as authority (rule) United States v. King (2×) also: Cited "see, e.g."
E.D. Va. · 2002 · confidence medium
See e.g., Wallace, 528 F.2d at 865-66 (government witness proffered post-trial affidavit swearing that his original testimony had been false); Carmichael, 726 F.2d at 159-60 (government witness recanted trial testimony and signed affidavit with materially different version of facts); Johnson, 487 F.2d at 1278-79 (co-defendant government witness executed posttrial affidavit completely recanting his trial testimony insofar as it implicated movant); Dworkin, 116 F.R.D. at 30-31 (recantation by defendant-witness for obvious purpose of avoiding perjury charge). 18 .
cited Cited as authority (rule) In re Orsini Zayas
prapp · 2001 · confidence medium
U.S. v. Thompson, 38 F. 2d 528 ; United States v. Carmichael, 726 F. 2d 158, 160 (4th Cir. 1984); Blizard v. Fielding, 454 F. Supp. 318 (D.
discussed Cited as authority (rule) In Re Computer Dynamics, Inc.
E.D. Va. · 2000 · confidence medium
A disqualification determination is to be analyzed under this objective standard, which seeks “to foster not only actual impartiality but also the appearance of impartiality.” United States v. Carmichael, 726 F.2d 158, 160 (4th Cir.1984); see Rice v. McKenzie, 581 F.2d 1114, 1116 (4th Cir.1978) (reiterating that the intent of § 455(a) is to reduce situations in which the judge is not in fact biased, but an outside observer might nonetheless have a reasonable basis for questioning the judge’s objectiveness).
cited Cited as authority (rule) Morrissey v. County of Henrico
4th Cir. · 1999 · confidence medium
See United States v. Parker, 742 F.2d 127, 128 (4th Cir. 1984); United States v. Carmichael, 726 F.2d 158, 160-61 (4th Cir. 1984).
discussed Cited as authority (rule) United States v. McGrady
4th Cir. · 1999 · confidence medium
Furthermore, "[f]indings of the district court made on a motion for new trial based on newly discovered evidence should not be disturbed except for most extraor- dinary circumstances and unless it clearly appears they are not sup- ported by any evidence." United States v. Carmichael, 726 F.2d 158, 160 (4th Cir. 1984) (citing United States v. Johnson, 327 U.S. 106, 111, 112 (1946)).
cited Cited as authority (rule) United States v. Savoy
D. Maryland · 1998 · confidence medium
See 28 U.S.C. § 455 (a); United States v. Gordon, 61 F.3d 263, 267 (4th Cir.1995); United States v. Carmichael, 726 F.2d 158, 160 (4th Cir.1984).
discussed Cited as authority (rule) Sales v. Grant
4th Cir. · 1998 · confidence medium
(Id. at 86.) During arguments on the Rule 50(a) motion, when counsel for Miller and Sales contended that the court should allow the evidence to go to the jury, the judge responded: "No, I made that mistake in[the Arnold] case and I'm not going to make it here today." (Id. at 1026-27.) 75 28 U.S.C. § 455 (a) provides that "any justice, judge, or magistrate shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Under this statute, "[t]he standard to be applied is an objective one, to foster not only actual impartiality but also the appearance of im…
discussed Cited as authority (rule) Sales v. Grant
4th Cir. · 1998 · confidence medium
(Id. at 86.) During arguments on the Rule 50(a) motion, when counsel for Miller and Sales contended that the court should allow the evidence to go to the jury, the judge responded: “No, I made that mistake in[the Arnold] ease and I’m not going to make it here today.” (Id. at 1026-27.) 28 U.S.C. § 455 (a) provides that “any justice, judge, or magistrate shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” Under this statute, “[t]he standard to be applied is an objective one, to foster not only actual impartiality but also the appeara…
discussed Cited as authority (rule) United States v. Shirley Jones, United States of America v. Sheila Jones, United States of America v. Ella Jones
4th Cir. · 1997 · signal: cf. · confidence medium
Cf. United States v. Carmichael, 726 F.2d at 159-60 (upholding district court finding of false recantation where lower court made detailed review of credibility factors).
discussed Cited as authority (rule) United States v. Jones
4th Cir. · 1997 · signal: cf. · confidence medium
Cf. United States v. Carmichael, 726 F.2d at 159-60 (upholding district court finding of false recantation where lower court made detailed review of credi- bility factors).
discussed Cited as authority (rule) Reese I. Joye Stanley Claypoole George J. Kefalos v. Henry T. Heuer
4th Cir. · 1995 · confidence medium
We agree with that ruling. 13 Reviewing the district court's refusal to recuse itself for abuse of discretion, United States v. Carmichael, 726 F.2d 158, 160 (4th Cir.1984), we fail to discern any abuse of discretion where the former law clerk never did any work on the case or even saw the file during her clerkship. 14 We have touched on, with enough particularity, all of the assignments of error we think deserve special mention.
cited Cited as authority (rule) United States v. Haywood Williams, Jr.
4th Cir. · 1994 · confidence medium
United States v. Carmichael, 726 F.2d 158, 162 (4th Cir.1984).
discussed Cited as authority (rule) United States v. Mitchell
cma · 1994 · confidence medium
Laws Co. Inc., 690 F.2d 1157, 1161 (5th Cir.1982), cert. denied, 464 U.S. 814 , 104 S.Ct. 69 , 78 L.Ed.2d 83 (1983); United States v. Story, 716 F.2d 1088, 1091 (6th Cir.1983) [no reasonable basis in record of trial]. (4) Johnston v. Trueblood, 629 F.2d 287 , 290 (3d Cir.1980), cert. denied, 450 U.S. 999 , 101 S.Ct. 1704 , 68 L.Ed.2d 200 (1981); United States v. Carmichael, 726 F.2d 158, 161 (4th Cir.1984); In Re Hale, 980 F.2d 1176 , 1178 (8th Cir.1992); Yagman v. Republic Insurance, Inc., 987 F.2d 622, 626 (9th Cir.1993) [no definition of abuse of discretion], (5) See also United States v. B…
examined Cited as authority (rule) United States v. Gerald Green, United States of America v. Roosevelt Montie Raines, A/K/A Marty Raines (3×)
4th Cir. · 1993 · confidence medium
Under Wallace, the district court should grant a new trial if: 10 (a) The court is reasonably well satisfied that the testimony given by a material witness is false. 11 (b) That without it the jury might have reached a different conclusion (emphasis in original). 12 (c) That the party seeking the new trial was taken by surprise when the false testimony was given and was unable to meet it or did not know of its falsity until after the trial. 13 Id. at 866 (quoting Larrison v. United States, 24 F.2d 82, 87-88 (7th Cir. 1928); United States v. Carmichael, 726 F.2d 158, 159 (4th Cir. 1984) (same).
discussed Cited as authority (rule) United States v. David A. Taggart James H. Taggart, United States of America v. David A. Taggart James H. Taggert
4th Cir. · 1993 · confidence medium
Appellants cannot, however, establish their claim of bias "merely based upon the judge's rulings in this case or related cases." See Shaw v. Martin, 733 F.2d 304, 308 (4th Cir.), cert. denied, 469 U.S. 873 (1984); United States v. Carmichael, 726 F.2d 158, 160 (4th Cir. 1984).
cited Cited as authority (rule) Pueblo v. López Guzmán
prsupreme · 1992 · confidence medium
Véanse: United States v. Carmichael, 726 F.2d 158, 160 (4to Cir. 1984); Blizard v. Fielding, 454 F. Supp. 318 (D.
cited Cited as authority (rule) United States v. Gerald David Owen, United States of America v. Harold Owen, United States of America v. Brian Joseph Pack
4th Cir. · 1992 · confidence medium
United States v. Carmichael, 726 F.2d 158, 160 (4th Cir. 1984).
discussed Cited as authority (rule) Donnie Moore v. State of South Carolina, Attorney General of South Carolina, T. Travis Medlock, Donnie Moore v. State of South Carolina, Attorney General of South Carolina, T. Travis Medlock
4th Cir. · 1991 · confidence medium
Ward v. Village of Monroeville, 409 U.S. 57, 62 (1972); United States v. Carmichael, 726 F.2d 158, 160 (4th Cir.1984). 2 In the criminal area, this right continues through the trial, including the sentencing, if the defendant is convicted or pleads, Gardner v. Florida, 430 U.S. 349, 358 (1977) ("it is now clear that the sentencing process, as well as the trial itself, must satisfy the requirements of the Due Process Clause"), and this is true despite the broad discretion exercised by the judge at the sentencing level, United States v. Borrero-Isaza, 887 F.2d 1349, 1352 (9th Cir.1989).
discussed Cited as authority (rule) United States v. Johnie M. Owens
4th Cir. · 1990 · confidence medium
See United States v. Branco, 798 F.2d 1302, 1304 (9th Cir.1986) ("We will reverse a district court’s denial of a motion for recusal only if the decision was an abuse of discretion."); United States v. Carmichael, 726 F.2d 158, 160 (4th Cir.1984) (standard of review is abuse of discretion). 3 .
cited Cited as authority (rule) Cheryl Ann Piechowicz, Individually and as Personal Representative of the Estate of David Scott Piechowicz Sherrie Marie Waldrup, a Minor by Cheryl Ann Piechowicz, Her Mother and Next Friend Melva Kennedy, \To the Use of Walter Piechowicz\" \"To the Use of Florence Piechowicz\" \"To the Use of Reliance Insurance Company\" John I. Kennedy
4th Cir. · 1989 · confidence medium
United States v. Carmichael, 726 F.2d 158, 160 (4th Cir.1984); SCA Services, Inc. v. Morgan, 557 F.2d 110 (7th Cir.1977); United States v. Ferguson, 550 F.Supp. 1256 (S.D.N.Y.1982).
cited Cited as authority (rule) Piechowicz v. United States
unknown court · 1989 · confidence medium
United States v. Carmichael, 726 F.2d 158, 160 (4th Cir.1984); SCA Services, Inc. v. Morgan, 557 F.2d 110 (7th Cir.1977); United States v. Ferguson, 550 F.Supp. 1256 (S.D.N.Y.1982).
cited Cited as authority (rule) Soughik Kayzakian, ('Sonia') v. Charles R. Buck, Sued in His Individual Capacity Former Secretary of Health Theodore Thornton, Sued in His Individual as Well as Official Capacity, Secretary, Department of Personnel Alp Karahasan, Sued in His Individual as Well as Official Capacity, Acting Director, Department of Health and Mental Hygiene Sandra Leichtman, Sued in Her Individual as Well as Official Capacity Chief Phychologist, Mental Hygiene Administration Bruce L. Regan, Sued in His Individual as Well as Official Capacity, Director of Psychiatric Education and Training, Mental Hygiene Administration, Department of Health and Mental Hygiene Springfield Hospital Center Thomas F. Krajewski, Sued in His Individual as Well as Official Capacity, Superintendent, Springfield Hospital Center Jonathan D. Book, Sued in His Individual as Well as Official Capacity, Clinical Director, Springfield Hospital Center Peter T. Pomilo, Sued in His Individual Capacity Irfan S. Esendal, Sued in His Individual as Well as Official Capacity, Director, Martin Gross Unit, Springfield Hospital Center Reza G. Bassiri, Sued in His Individual as Well as Official Capacity, Director, City Division, Springfield Hospital Center Duesdedit Jolbitado, Sued in His Individual as Well as Official Capacity, Chair, Hospital Privileging Committee, Springfield Hospital Center Philip P. Townsend, Sued in His Individual as Well as Official Capacity, Personnel Administrator, Springfield Hospital Center Randy Roberts, Sued in His Individual as Well as Official Capacity, Director, Phychological Services, Springfield Hospital Center Daniel R. Malone, Sued in His Individual as Well as Official Capacity, Staff Psychologist, Springfield Hospital Center Jae Park, Sued in His Individual as Well as Official Capacity, Physician, Springfield Hospital Center Ethel Mattegunta, Sued in Her Individual as Well as Official Capacity, Physician, Springfield Hospital Center
4th Cir. · 1989 · confidence medium
Shaw v. Martin, 733 F.2d 304, 308 (4th Cir.1984) (emphasis added); United States v. Carmichael, 726 F.2d 158, 160 (4th Cir.1984).
discussed Cited as authority (rule) Sierra Club v. Simkins Industries, Inc.
4th Cir. · 1988 · confidence medium
Simkins now contends that the district court erred in deny *1117 ing its post-trial motion for recusal, arguing that a reasonable person, knowing reasonably ascertainable facts, would harbor doubts about Judge Murray’s impartiality, see United States v. Carmichael, 726 F.2d 158, 160 (4 Cir.1984), and that the district court erred in failing to make its offer of recusal on the record.
discussed Cited as authority (rule) United States v. Michael Bailey (85-4048), Richard Ferguson Flynn (85-4055, 87-3225)
6th Cir. · 1987 · confidence medium
See, e.g., United States v. Ramsey, 761 F.2d 603, 604 (10th Cir. 1985), cert. denied, 106 S. Ct. 851 (1986); Adi, 759 F.2d at 408-09 ; United States v. Carmichael, 726 F.2d 158, 160 (4th Cir. 1984); United States v. Kearney, 682 F.2d 214, 220 (D.C.
discussed Cited as authority (rule) United States v. Felipe MacIas
4th Cir. · 1987 · confidence medium
In United States v. Carmichael, 726 F.2d 158, 160 (4th Cir.1984) we stated: 13 Findings of the district court made on a motion for a new trial based on newly discovered evidence should not be disturbed except in the most extraordinary circumstances and unless it clearly appears that they are not supported by any evidence. 14 The present circumstances are not extraordinary.
discussed Cited as authority (rule) United States v. Dworkin
E.D. Va. · 1987 · confidence medium
United States v. Carmichael, 726 F.2d 158, 159 (4th Cir.1984); United States v. Johnson, 487 F.2d 1278, 1279 (4th Cir.1973). 4 For the reasons stated herein, defendant’s motion for a new criminal trial is DENIED.
cited Cited as authority (rule) United States v. Cecil Leon Ramsey
10th Cir. · 1986 · confidence medium
See, e.g., United States v. Adi, 759 F.2d 404, 408-09 (5th Cir.1985); United States v. Carmichael, 726 F.2d 158, 159-60 (4th Cir.1984).
cited Cited as authority (rule) Pueblo v. González Navarrete
prsupreme · 1986 · confidence medium
United States v. Carmichael, 726 F.2d 158, 160 (4to Cir. 1984); Blizard v. Fielding, 454 F. Supp. 318 (Mass. 1978), confirmado en 601 F.2d 1217 (1978).
discussed Cited as authority (rule) Jerry D. Fertig and Bonnie L. Fertig v. United States of America and Internal Revenue Service
6th Cir. · 1986 · confidence medium
Davis v. C.I.R., 734 F.2d 1302, 1303 (8th Cir. 1984); Shaw v. Martin, 733 F.2d 304, 308 (4th Cir.), cert. denied, 105 S.Ct. 230 , reh'g denied, 105 S.Ct. 555 (1984); United States v. Carmichael, 726 F.2d 158, 160 (4th Cir. 1984); United States v. Story, 716 F.2d 1088, 1096 (6th Cir. 1983).
discussed Cited as authority (rule) Modla v. United States
6th Cir. · 1985 · confidence medium
Davis v. C.I.R., 734 F.2d 1302, 1303 (8th Cir. 1984); Shaw v. Martin, 733 F.2d 304, 308 (4th Cir.), cert. denied, 105 S.Ct. 230 , reh'g denied, 105 S.Ct. 55 (1984); United States v. Carmichael, 726 F.2d 158, 160 (4th Cir. 1984); United States v. Story, 716 F.2d 1088, 1096 (6th Cir. 1983).
discussed Cited as authority (rule) United States v. Guglielmi (2×)
W.D.N.C. · 1985 · confidence medium
This test and standard was reiterated in United States v. Carmichael, 726 F.2d 158, 160 (4th Cir.1984): “Every litigant is entitled to be heard by an impartial judge____ The standard to be applied is an objective one, to foster not only actual impartiality but also the appearance of impartiality.” [Citations omitted].
discussed Cited as authority (rule) In Re AH Robins Co., Inc.
D. Kan. · 1985 · confidence medium
Numerous courts have drawn the distinction between bias that is personal in nature and bias that is judicial, see, e.g., United States v. Carmichael, 726 F.2d 158, 160 (4th Cir.1984), but few have delineated the contrast between judicial and extra-judicial activities.
cited Cited as authority (rule) Joseph Carl Shaw v. Joseph R. Martin, Warden, Central Correctional Institution, and Hon. Daniel R. McLeod Attorney General for South Carolina
4th Cir. · 1984 · confidence medium
United States v. Carmichael, 726 F.2d 158, 160 (4th Cir.1984).
cited Cited "see" Drake v. Travelers Indemnity Company
D. Maryland · 2019 · signal: see · confidence high
See United States v. Carmichael, 726 F.2d 158, 160 (4th Cir. 1984).
discussed Cited "see" Andrew Lewis McCarter v. Brian Gunn, Warden
9th Cir. · 1994 · signal: see · confidence high
See United States v. Carmichael, 726 F.2d 158 (4th Cir.1984); Phillips v. Joint Legislative Committee, ect., 637 F.2d 1014 (5th Cir.1981), cert. denied, 456 U.S. 960 (1982). 8 Appellant argues that his police interrogation unlawfully extended beyond the point he unequivocally asserted his right to counsel.
discussed Cited "see" United States v. Jerry Burkes, A/K/A Gary Burkes
4th Cir. · 1993 · signal: see · confidence high
See United States v. Carmichael, 726 F.2d 158, 159 (4th Cir. 1984)(failure to meet any one of requirements fatal to Rule 33 motion); United States v. Johnson, 487 F.2d at 1279 (motion unreviewable unless wholly unsupported by the evidence). 7 We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.
discussed Cited "see" United States v. Joseph Russell Mikalajunas, Jr.
4th Cir. · 1992 · signal: accord · confidence high
It must result in an opinion on the merits on a basis other than that learned by the judge from his participation in the matter.' " Mitchell, 886 F.2d at 671 (quoting In re Beard, 811 F.2d 818, 827 (4th Cir. 1987)); accord United States v. Carmichael, 726 F.2d 158, 160 (4th Cir. 1984); cf. United States v. Grinnell Corp., 384 U.S. 563, 583 (1966) (refusing to disqualify judge under 28 U.S.C. § 144 for evidence-based bias). 4 If the judge's perceived bias is based solely on evidence from the case before him or her, such will not serve to disqualify the judge. 16 We normally review section 455(…
cited Cited "see" United States v. Avery Nathaniel Brice, United States of America v. Avery Nathaniel Brice
4th Cir. · 1990 · signal: see · confidence high
See United States v. Carmichael, 726 F.2d 158, 160 (4th Cir.1984). 8 The district court's denial of Brice's motions to reduce his sentences and for recusal are affirmed.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Albert Eugene CARMICHAEL, Jr., Appellant
83-6223, 83-6250.
Court of Appeals for the Fourth Circuit.
Jan 26, 1984.
726 F.2d 158
1984 U.S. App. LEXIS 26062
Mark F. Pomerantz, New York City (Ronald P. Fischetti, Anne C. Feigus, New York City, on brief), for appellant., David J. Slattery, Asst. U.S. Atty., Washington, D.C. (Henry Dargan McMaster, U.S. Atty., Columbia, S.C., on brief), for appel-lee.
Widener, Murñaghan, Sprouse.
Cited by 69 opinions  |  Published
WIDENER, Circuit Judge:

Carmichael was convicted in 1981 of charges relating to an absentee ballot vote buying scheme in the 1980 Democratic primary election in Dillon County, South Carolina, and of obstruction of justice in connection with the grand jury investigation of the election. The convictions were affirmed on appeal, United States v. Carmichael, 685 F.2d 903 (4th Cir.1982), and a petition for a writ of certiorari to the Supreme Court was denied. A motion for a new trial on the ground of after discovered evidence was filed in March 1983 and denied. It is the denial of that motion that is the subject matter of this appeal. Carmichael claims the motion should have been granted on its merits and that the trial judge should have disqualified himself. We affirm.

At a hearing on the motion for a new trial, Carmichael presented testimony which he claimed showed after discovered evidence to the effect that he had been mistakenly identified as a participant in a conversation allegedly crucial to his conviction. Sammy Lee Cato, a witness at the original trial, had testified originally that he heard Carmichael discuss vote buying with Sheriff Roy Lee (who pleaded guilty to charges of conspiracy to buy votes). At the hearing on the new trial motion, Cato testified that he presently remembered more facts about the political picnic at Carmichael’s lake cabin at which he had heard talk of vote buying, and specifically recalled that Carmichael had left that party early. Cato’s testimony upon the motion for a new trial was that he presently did not know who were the participants in the conversation he had earlier overheard but that it could not have been Carmichael for Carmichael was not there. Other witnesses also testified that Carmichael had left the party early. One even strongly inferred that he himself had made the overheard statement.

The district court heard all the testimony Carmichael and the government offered on the subject of Cato’s recantation and found Cato had been the object of extensive persuasive efforts by Carmichael and Carmichael’s associates. Beginning in November 1982, Carmichael and his friend David Taylor arranged several meetings with Cato in Washington, D.C. (Cato’s then current residence) and in South Carolina. Cato was asked repeatedly to change his story at these meetings, despite his declarations that his trial testimony had been accurate. Carmichael recommended at least some, and paid for all, of the various attorneys representing Cato at these meetings and at the hearing on the motion for a new trial, and gave Cato and his sister money (for time and expenses), perhaps as much as several thousand dollars. In February 1983, Cato signed an affidavit with the new version of the facts.

The district court denied the motion for a new trial. It found that Carmichael had not met any of the three requirements of United States v. Wallace, 528 F.2d 863 (4th Cir.1976), which are that the court must be reasonably satisfied that the testimony given by the material witness in the first instance was false; that without it the jury might have reached a different conclusion; and that the defendant was taken by surprise by the false testimony and was unable to meet it or did not know of its falsity until after the trial. While we are of opinion that the district court reached the correct result in its opinion on each of the requirements of Wallace, we will dwell on only the first of them in brief detail. The failure to meet any of the requirements is fatal. United States v. Johnson, 487 F.2d 1278 (4th Cir.1973).

As stated, the district court found that it was not reasonably satisfied that the testimony given by Cato at Carmichael’s trial was false. In making this factual finding, it saw the witnesses and heard them testify. It credited, for example, the[*160] testimony of one Blitzer, the first of several attorneys who represented Cato with respect to his recantation and the hearing on a motion for a new trial. Blitzer testified that, at a meeting in Washington, D.C. which went on for six hours, Carmichael and others kept suggesting to Cato, who is described by Carmichael’s attorneys as semi-literate, that he (Cato) had made a mistake in his trial testimony, but Cato throughout that meeting stood fast to his position that he had told the truth at the trial, and only conceded that he might have been mistaken about the particular occasion at which he overheard Carmichael’s remark. Carmichael recommended at least some, and paid for all, of the various attorneys representing Cato with respect to the motion for a new trial. Carmichael paid Cato money for expenses and time in connection with his recantation, which admittedly was in excess of -$1100 and possibly was in excess of several thousand dollars. Cato admitted he received $480 on one occasion, at least $350 on two or more occasions, and that he was paid on six occasions. Additionally, Carmichael paid Cato’s sister’s expenses on all of the trips leading up to Cato’s affidavit. Meeting after meeting was held with Cato before he agreed to recant. The witnesses called to corroborate Cato’s recantation were colleagues or allies of Carmichael. For example, Gerald Turner had been convicted of participation in vote buying in the same primary, Donnie Worley had been employed by Carmichael and his family for more than twenty years, and Leon Moody had pleaded guilty to conspiracy to buy votes in the same election. Cato gave prior statements consistent with his trial testimony and had testified before the grand jury consistently with his trial testimony. On these facts, the district court was justified in its finding that Cato was intimidated, cajoled, and pressured in attempting to get him to change his trial testimony, and the district court’s belief that Cato testified truthfully at the trial is amply justified by the record.

Findings of the district court made on a motion for a new trial based on newly discovered evidence should not be disturbed except for most extraordinary circumstances and unless it clearly appears they are not supported by any evidence. United States v. Johnson, 327 U.S. 106, 111, 112, 66 S.Ct. 464, 466, 467, 90 L.Ed. 562 (1946). The requirements of Wallace and Johnson are stringent, and Carmichael has failed to present any basis to reverse the district court. The denial of a new trial for after discovered evidence is affirmed.

Carmichael also argues that the district judge did not hear the new trial motion with requisite impartiality. A motion for recusal was denied by the judge at the beginning of the hearing on the motion for a new trial.

Every litigant is entitled to be heard by an impartial judge. 28 U.S.C. § 455; e.g. Tumey v. Ohio, 273 U.S. 510, 47 S.Ct. 437, 71 L.Ed. 749 (1927). The standard to be applied is an objective one, to foster not only actual impartiality but also the appearance of impartiality. E.g. Potashnick v. Port City Construction Co., 609 F.2d 1101, 1111 (5th Cir.), cert, denied, 449 U.S. 820, 101 S.Ct. 78, 66 L.Ed.2d 22 (1980). On review, the question is whether or not the judge abused his discretion. Phillips v. Joint Legislative Committee, etc., 637 F.2d 1014, 1021 (5th Cir.1981), cert, denied, 456 U.S. 960, 102 S.Ct. 2035, 72 L.Ed.2d 483 (1982). The alleged bias must, however, be personal, as distinguished from judicial, in nature. Id. at 1020; Tug Valley Recovery Center v. Watt, 703 F.2d 796, 801 (4th Cir. 1983). A denial of recusal is thus not an abuse of discretion if the complaint is “merely based upon the judge’s rulings in the instant case or related cases ... or attitude derived from his experience on the bench.” Phillips, 637 F.2d at 1020. See e.g. United States v. Grinnell Corp., 384 U.S. 563, 581-83, 86 S.Ct. 1698, 1709-10, 16 L.Ed.2d 778 (1966).

The remarks complained of in this case attributed to the trial judge reveal no personal bias. While their use in Carmichael’s brief may not be taken as remarks out of context in the worst sense that phrase is[*161] used, the picture they are used to paint comes close to fitting that description.

For example, Carmichael objects to “You may get relief from the appellate court but you are not going to get it from me” and “[a hearing] would be an exercise in futility.” Those comments were made in the context of argument on a motion to grant an evidentiary hearing on the motion for a new trial. The argument necessarily dwelled upon the strength of the motion for a new trial, and the judge, of course, took account of his experience at the trial of this case and after, and had before him the affidavits filed by Cato, Donnie Worley, and Gerald Turner. The evidentiary hearing, incidentally, was granted. The comments objected to are nothing more than a judge’s evaluation of the strength of the motion and its low likelihood of success. They may not, even strained, be taken to be a personal refusal to permit Carmichael access to relief available to him or a prejudgment of the merits. Phillips, 637 F.2d at 1020.

Carmichael also objects that the trial judge stated that he “had some ‘pretty definite feelings about the entire [Carmichael] situation’ ”. In context, the statement was made during the argument of whether or not to have an evidentiary hearing and the date of that event and, if anything, expressed the desire of the court to see that the defendant received his due, not otherwise as defendant now seeks to portray. The statement was: “That is,, if I am compelled to have an evidentiary hearing. Of course, I have some pretty definite feelings about the entire situation, but I do want to get it into a situation, a status where you can seek whatever appellate redress you may want to seek.” We think that, read in context, the statement is innocuous.

Another objection is that the judge recited that he had “been down this road before with the same defendant.” The judge was merely reciting an historical fact. Carmichael had been tried and convicted in the same court in 1974 and the same judge had granted a new trial, in the words of Carmichael’s attorneys, “based on the recantation of the principal witness against him.” In all events, the court sustained defense counsel’s objection to consideration of that matter, stating “... I must say I would be willing to forget about that and it wouldn’t change my thinking.”

The final reason given in the motion that the trial judge recuse himself was that “You [the trial judge] were thoroughly convinced that the defendant had no hope of prevailing.” In context, the statement was made in the course of denying Carmichael’s motion to be let to bail, and was “Well, I don’t want to build up any false hopes for you, because I tried the case, I watched what’s developed throughout the appellate process, I have some very definite ideas about it. And if I felt that the defendant had any reasonable hope of prevailing, on his motion ultimately, I would have no hesitancy in granting bail. But I am thoroughly convinced that the defendant has no real hope of prevailing.” Of course, the defendant’s realistic hope of prevailing is an appropriate consideration in deciding whether or not to grant bail. And this statement, like the others, reveals no personal bias against Carmichael.

The defendant also alludes to comments made by the trial judge during the eviden-tiary hearing on the motion for a new trial as demonstrating his personal bias against Carmichael. The defendant terms the judge’s comments “outrageous,” in conclusion stating they were “capped off finally by the statement that Carmichael’s vigorous pursuit of the new trial motion “almost amounted] to ‘trifling with the Court.’ ” Again, in context, the statement was made at the conclusion of the evidentiary hearing, at which time the judge said in full “Actually, I don’t want to use too strong of language, but I am compelled to the view that pursuing this motion with vigor almost amounts to trifling with the Court, under the circumstances. And of course it may be that a grand jury of this court should consider whether there has been a subornation of perjury or an obstruction of justice on[*162] the part of anyone involved in this situation.

The motion for a new trial is denied.” A reading of the record in this case shows that those remarks of the judge were justified. Certainly, they reflect no personal bias.

We are of opinion the district court did not abuse its discretion in denying the recu-sal motion. While the district judge may have been overly sensitive to what he considered personal criticism of his handling of the case, the record reveals no personal bias against Carmichael, and we are of opinion the judgment of the district court should be, and it hereby is,

AFFIRMED.