Legal Opinion

United States v. Nehas

District Court, W.D. Pennsylvania

Decided December 28, 1973No. Crim. A. 73-117PublishedCited by 14 opinions

1Opinion of the Court

OPINION

DUMBAULD, District Judge.

A defendant charged with failure to undergo a psychiatric examination directed by his draft board in violation of 50 U.S.C. App. 462(a) has timely filed an affidavit of bias, duly certified by counsel, under 28 U.S.C. 144. 1 That section provides:

Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned…

2Cases cited25 opinions

  1. Furman v. GeorgiaSupreme Court of the United States · 1972
  2. United States v. SeegerSupreme Court of the United States · 1965
  3. Korematsu v. United StatesSupreme Court of the United States · 1945
  4. Berger v. United StatesSupreme Court of the United States · 1921
  5. Oestereich v. Selective Service System Local Board No. 11Supreme Court of the United States · 1969

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3Cited by14 opinions

  1. People v. VanceIllinois Supreme Court · 1979
  2. United States v. ConforteDistrict Court, D. Nevada · 1978
  3. United States v. BakerDistrict Court, M.D. Tennessee · 1977
  4. Duplan Corp. v. Deering Milliken, Inc.District Court, D. South Carolina · 1975
  5. Danielson v. Winnfield Funeral Home of Jefferson, Inc.District Court, E.D. Louisiana · 1986

9 more not listed; retrieve them via the Exa API.

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