Legal Opinion
United States v. Johnny Walter Gipson
Court of Appeals for the Tenth Circuit
Decided January 4, 1988No. 87-1032PublishedCited by 43 opinions
1Opinion of the Court
JOHN P. MOORE, Circuit Judge.
This appeal raises the issue of whether an unconditional guilty plea constitutes a waiver of the right to appeal from the denial of a motion seeking recusal of a trial judge pursuant to 28 U.S.C. § 455. We hold that the plea constitutes a waiver of the denial of recusal under § 455(a) but not under § 455(b). We conclude, however, because the trial judge had no real prior association with the defendant, there were no grounds in this case for recusal under § 455(b); therefore, we affirm.
Following indictment, defendant sought removal of the trial judge on the grounds…
2Cases cited7 opinions
- United States v. DeLunaCourt of Appeals for the Eighth Circuit · 1985
- Bernice ROBERTS, Plaintiff-Appellant, v. Benjamin F. BAILAR, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1980
- United States v. Barbara Eunice Carrasco, United States of America v. Barbara Eunice Carrasco and German Rivera-JiminezCourt of Appeals for the Ninth Circuit · 1986
- United States v. Charles Melvin AmerineCourt of Appeals for the Sixth Circuit · 1969
- United States v. Ray C. Broce and Broce Construction Company, Inc.Court of Appeals for the Tenth Circuit · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- United States v. Robert E. Cooley Ronald L. Taylor Gary P. Leber Merri W. Turner, Also Known as Merrie Foutz and Charles W. MatsonCourt of Appeals for the Tenth Circuit · 1993
- United States v. PattiCourt of Appeals for the Eleventh Circuit · 2003
- United States v. Kevin Brinkworth, Elizabeth Brinkworth, Richard Brinkworth, Dennis Brinkworth, Kathryn Kinsman, Jeffrey Davis and John EdwardsCourt of Appeals for the Second Circuit · 1995
- United States v. Deborah K. TroxellCourt of Appeals for the Seventh Circuit · 1989
- United States v. Maurice HortonCourt of Appeals for the Seventh Circuit · 1996
38 more not listed; retrieve them via the Exa API.