Legal Opinion
United States v. Escobar
District Court, E.D. New York
Decided October 13, 1992No. 91-1285(JBW)PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, District Judge.
Defendant’s motion to select another judge to try this case is granted. Although a motion to recuse would have had to be denied and the federal judiciary has declined to recognize the defendant’s general right to peremptorily challenge a judge in any case, the special nature of a capital case argues that such a right be afforded where death is a possible penalty. Alternatively, defendant is entitled to have a new judge assigned pursuant to the Guidelines for Division of Business of the United States- District Court for the Eastern District of New…
2Cases cited37 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- Wainwright v. WittSupreme Court of the United States · 1985
32 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. HaleNew York Supreme Court · 1997
- Bilello v. Abbott LaboratoriesDistrict Court, E.D. New York · 1993
- United States v. El-JassemDistrict Court, E.D. New York · 1993
- Ukrainian National Ass'n of Jewish Former Prisoners of Concentration Camps & Ghettos v. United StatesDistrict Court, E.D. New York · 2001
- United States v. SchwambornDistrict Court, E.D. New York · 2007