Legal Opinion

United States v. Cerrella

District Court, S.D. Florida

Decided January 21, 1982No. FL 75-28-Cr-NCRPublishedCited by 16 opinions

1Opinion of the Court

ROETTGER, District Judge.

THIS CAUSE is before the court on a pleading styled “Verified Motion to Disqualify”, filed by defendant John Joseph Cerrella, and certified by his attorney, Stephen J. Finta, as made in good faith. The pleading seeks this court’s recusal pursuant to 28 U.S.C. §§ 144, 455.

Stripped to its bare bones, defendant’s contention is that the court should disqualify itself from hearing defendant’s prospec tive post-conviction motions because defendant feels the trial judge may believe defendant is trying to kill him.

Although the court denies any personal bias or prejudice in…

2Cases cited41 opinions

  1. United States v. PhillipsCourt of Appeals for the Fifth Circuit · 1981
  2. United States v. Richard R. SiblaCourt of Appeals for the Ninth Circuit · 1980
  3. Mitsui Shintaku Ginko K. K., Tokyo v. DodgeSupreme Court of the United States · 1976
  4. Ex Parte American Steel Barrel Co.Supreme Court of the United States · 1913
  5. In the Matter of Union Leader CorporationCourt of Appeals for the First Circuit · 1961

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

3Cited by16 opinions

  1. Lodermeier v. ClassSouth Dakota Supreme Court · 1996
  2. State v. BilalCourt of Appeals of Washington · 1995
  3. United States v. MalmsberryDistrict Court, M.D. Florida · 2002
  4. United States v. CooleyDistrict Court, D. Kansas · 1992
  5. United States v. HonkenDistrict Court, N.D. Iowa · 2005

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

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