williams
pennsylvania
argued
february
decided
june
petitioner
williams
convicted
murder
amos
norwood
sentenced
death
trial
attorney
philadelphia
ronald
castille
approved
trial
prosecutor
request
seek
death
penalty
williams
next
years
williams
conviction
sentence
upheld
direct
appeal
state
postconviction
review
federal
habeas
review
williams
filed
successive
petition
pursuant
pennsylvania
post
conviction
relief
act
pcra
arguing
prosecutor
obtained
false
testimony
codefendant
suppressed
material
exculpatory
evidence
violation
brady
maryland
finding
trial
prosecutor
committed
brady
violations
pcra
stayed
williams
execution
ordered
new
sentencing
hearing
commonwealth
asked
pennsylvania
whose
chief
justice
former
district
attorney
castille
vacate
stay
williams
filed
response
along
motion
asking
chief
justice
castille
recuse
declined
refer
motion
full
decision
without
explanation
chief
justice
denied
williams
motion
recusal
request
referral
joined
state
opinion
vacating
pcra
grant
relief
reinstating
williams
death
sentence
two
weeks
later
chief
justice
castille
retired
bench
held
chief
justice
castille
denial
recusal
motion
subsequent
judicial
participation
violated
due
process
clause
fourteenth
amendment
pp
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process
precedents
set
forth
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governing
recusal
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prior
involvement
case
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rest
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rule
must
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process
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bias
judge
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significant
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involvement
prosecutor
critical
decision
regarding
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case
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standard
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recusal
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bias
part
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tolerable
caperton
massey
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bias
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time
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prosecutor
duty
withdraw
order
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neutrality
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process
determining
consequences
earlier
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decision
may
set
motion
pp
chief
justice
castille
authorization
seek
death
penalty
williams
amounts
significant
personal
involvement
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trial
decision
failure
recuse
williams
case
presented
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risk
bias
decision
pursue
death
penalty
critical
choice
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process
chief
justice
castille
significant
role
decision
without
express
authorization
commonwealth
able
pursue
death
sentence
williams
given
importance
decision
profound
consequences
carries
responsible
prosecutor
deem
significant
exercise
official
discretion
fact
many
jurisdictions
including
pennsylvania
statutes
professional
codes
conduct
already
require
recusal
circumstances
case
suggests
today
decision
occasion
significant
change
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practice
pp
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failure
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constitutes
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error
amenable
review
regardless
whether
judge
vote
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appellate
panel
deliberations
generally
confidential
neither
possible
productive
inquire
whether
jurist
question
might
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views
colleagues
decisionmaking
process
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one
purpose
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confidentiality
ensure
jurists
reexamine
old
ideas
suggest
new
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persuade
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persuasion
colleagues
matter
whether
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judge
vote
necessary
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case
fact
interested
judge
vote
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may
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members
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party
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bias
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one
jurist
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institution
part
chief
justice
castille
participation
williams
case
error
affected
state
whole
adjudicatory
framework
williams
must
granted
opportunity
present
claims
unburdened
possible
temptation
hold
balance
nice
clear
true
state
accused
tumey
ohio
pp
vacated
remanded
kennedy
delivered
opinion
ginsburg
breyer
sotomayor
kagan
joined
roberts
filed
dissenting
opinion
alito
joined
thomas
filed
dissenting
opinion
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
terrance
williams
petitioner
pennsylvania
writ
certiorari
pennsylvania
eastern
district
june
justice
kennedy
delivered
opinion
case
pennsylvania
vacated
decision
postconviction
granted
relief
prisoner
convicted
murder
sentenced
death
one
justices
state
district
attorney
gave
official
approval
seek
death
penalty
prisoner
case
justice
question
denied
prisoner
motion
recusal
participated
decision
deny
relief
question
presented
whether
justice
denial
recusal
motion
subsequent
judicial
participation
violated
due
process
clause
fourteenth
amendment
precedents
set
forth
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standard
requires
recusal
likelihood
bias
part
judge
high
constitutionally
tolerable
caperton
massey
coal
quoting
withrow
larkin
applying
standard
concludes
due
process
compelled
justice
recusal
petitioner
terrance
williams
soon
williams
turned
murdered
amos
norwood
philadelphia
trial
commonwealth
presented
evidence
williams
friend
marc
draper
standing
street
corner
norwood
drove
williams
draper
requested
ride
home
norwood
agreed
draper
gave
norwood
false
directions
led
drive
toward
cemetery
williams
draper
ordered
norwood
car
cemetery
two
men
tied
norwood
clothes
beat
death
testifying
commonwealth
draper
suggested
robbery
motive
crime
williams
took
stand
defense
stating
involved
crime
know
victim
trial
prosecutor
requested
permission
supervisors
district
attorney
office
seek
death
penalty
williams
support
request
prepared
memorandum
setting
forth
details
crime
information
supporting
two
statutory
aggravating
factors
facts
mitigation
reviewing
memorandum
attorney
philadelphia
ronald
castille
wrote
note
bottom
document
approved
proceed
death
penalty
app
penalty
phase
trial
prosecutor
argued
williams
deserved
death
sentence
killed
norwood
reason
kind
man
offered
ride
home
brief
petitioner
jurors
found
two
aggravating
circumstances
murder
committed
course
robbery
williams
significant
history
violent
felony
convictions
criminal
history
included
previous
conviction
murder
committed
age
jury
found
mitigating
circumstances
sentenced
williams
death
period
years
williams
conviction
sentence
upheld
direct
appeal
state
postconviction
review
federal
habeas
review
williams
filed
successive
petition
pursuant
pennsylvania
post
conviction
relief
act
pcra
cons
stat
et
seq
petition
based
new
information
draper
refused
speak
williams
attorneys
draper
told
williams
counsel
informed
commonwealth
trial
williams
sexual
relationship
norwood
relationship
real
motive
norwood
murder
according
draper
commonwealth
instructed
give
false
testimony
williams
killed
norwood
rob
draper
also
admitted
received
undisclosed
benefit
exchange
testimony
trial
prosecutor
promised
write
letter
state
parole
board
behalf
trial
prosecutor
elicited
testimony
draper
indicating
agreement
prosecution
plead
guilty
exchange
truthful
testimony
mention
made
additional
promise
write
parole
board
philadelphia
common
pleas
identified
proceedings
pcra
held
evidentiary
hearing
williams
claims
williams
alleged
petition
prosecutor
procured
false
testimony
draper
suppressed
evidence
regarding
norwood
sexual
relationship
williams
hearing
draper
trial
prosecutor
testified
regarding
allegations
pcra
ordered
district
attorney
office
produce
previously
undisclosed
files
prosecutor
police
documents
included
trial
prosecutor
sentencing
memorandum
bearing
attorney
castille
authorization
pursue
death
penalty
based
commonwealth
files
evidentiary
hearing
pcra
found
trial
prosecutor
suppressed
material
exculpatory
evidence
violation
brady
maryland
engaged
prosecutorial
gamesmanship
app
stayed
williams
execution
ordered
new
sentencing
hearing
seeking
vacate
stay
execution
commonwealth
submitted
emergency
application
pennsylvania
time
almost
three
decades
passed
since
williams
prosecution
castille
elected
seat
state
serving
chief
justice
williams
filed
response
commonwealth
application
disclosure
trial
prosecutor
sentencing
memorandum
pcra
proceedings
alerted
williams
chief
justice
castille
involvement
decision
seek
death
sentence
case
reason
williams
also
filed
motion
asking
chief
justice
castille
recuse
declined
refer
recusal
motion
full
decision
commonwealth
opposed
williams
recusal
motion
without
explanation
chief
justice
castille
denied
motion
recusal
request
referral
two
days
later
pennsylvania
denied
application
vacate
stay
ordered
full
briefing
issues
raised
appeal
state
vacated
pcra
order
granting
relief
reinstated
williams
death
sentence
chief
justice
castille
justices
baer
stevens
joined
majority
opinion
written
justice
eakin
justices
saylor
todd
concurred
result
without
issuing
separate
opinion
see
chief
justice
castille
authored
concurrence
lamented
pcra
lost
sight
role
neutral
judicial
officer
stayed
williams
execution
valid
reason
efore
condemning
officers
chief
justice
stated
tribunal
aware
substantive
status
brady
law
believed
pcra
misapplied
addition
chief
justice
castille
denounced
perceived
obstructionist
penalty
agenda
williams
attorneys
federal
community
defender
office
ibid
pcra
courts
throughout
pennsylvania
need
vigilant
circumspect
comes
activities
particular
advocacy
group
wrote
lest
defender
office
lawyers
turn
postconviction
proceedings
circus
ringmasters
parrots
puppets
sideshow
two
weeks
pennsylvania
decided
williams
case
chief
justice
castille
retired
bench
granted
williams
petition
certiorari
ii
williams
contends
chief
justice
castille
decision
district
attorney
seek
death
sentence
barred
chief
justice
later
adjudicating
williams
petition
overturn
sentence
chief
justice
castille
williams
argues
violated
due
process
clause
fourteenth
amendment
acting
accuser
judge
case
due
process
precedents
set
forth
specific
test
governing
recusal
judge
prior
involvement
case
prosecutor
reasons
explained
however
principles
precedents
rest
dictate
rule
must
control
circumstances
holds
due
process
clause
impermissible
risk
actual
bias
judge
earlier
significant
personal
involvement
prosecutor
critical
decision
regarding
defendant
case
due
process
guarantees
absence
actual
bias
part
judge
murchison
bias
easy
attribute
others
difficult
discern
oneself
establish
enforceable
workable
framework
precedents
apply
objective
standard
usual
case
avoids
determine
whether
actual
bias
present
asks
whether
judge
harbors
actual
subjective
bias
instead
whether
objective
matter
average
judge
position
neutral
whether
unconstitutional
bias
caperton
particular
relevance
instant
case
determined
unconstitutional
potential
bias
exists
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serves
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process
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man
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process
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law
judge
called
witnesses
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crimes
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judge
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convinced
two
witnesses
obstructing
proceeding
charged
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witness
perjury
weeks
later
tried
convicted
open
judge
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witness
contempt
days
later
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convicted
well
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convictions
ground
judge
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decisionmaker
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trials
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nature
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attorney
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asked
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interest
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knowledge
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case
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prosecution
may
carry
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supra
pennsylvania
argues
murchison
lead
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process
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sentence
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justice
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prosecutor
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prosecutor
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chief
justice
castille
authorization
seek
death
penalty
williams
amounts
significant
personal
involvement
critical
trial
decision
concludes
significant
personal
involvement
result
chief
justice
castille
failure
recuse
williams
case
presented
unconstitutional
risk
bias
initial
matter
doubt
decision
pursue
death
penalty
critical
choice
adversary
process
indeed
defendant
charged
crime
whether
ask
jury
end
defendant
life
one
serious
discretionary
decisions
prosecutor
called
upon
make
doubt
chief
justice
castille
significant
role
decision
without
express
authorization
commonwealth
able
pursue
death
sentence
williams
importance
decision
profound
consequences
carries
make
evident
responsible
prosecutor
deem
significant
exercise
official
discretion
professional
judgment
pennsylvania
nonetheless
contends
chief
justice
castille
fact
significant
involvement
decision
seek
death
sentence
williams
chief
justice
commonwealth
points
head
large
district
attorney
office
city
saw
many
capital
murder
trials
tr
oral
arg
according
pennsylvania
approval
trial
prosecutor
request
pursue
capital
punishment
williams
case
amounted
brief
administrative
act
limited
time
takes
read
memo
ibid
view
characterization
credited
assume
attorney
castille
treated
major
decision
perfunctory
task
requiring
little
time
judgment
reflection
part
chief
justice
castille
comments
running
judicial
office
refute
commonwealth
claim
played
mere
ministerial
role
capital
sentencing
decisions
chief
justice
election
campaign
multiple
news
outlets
reported
statement
sent
people
death
rows
district
attorney
seelye
castille
keeps
cool
run
philadelphia
inquirer
apr
see
also
brennan
state
voters
must
choose
next
member
legal
intelligencer
pp
chief
justice
castille
willingness
take
personal
responsibility
death
sentences
obtained
tenure
district
attorney
indicate
view
played
meaningful
role
sentencing
decisions
considered
involvement
important
duty
office
although
necessary
disposition
case
pcra
ruling
underscores
risk
permitting
former
prosecutor
judge
case
pcra
determined
trial
prosecutor
chief
justice
castille
former
subordinate
district
attorney
office
engaged
multiple
intentional
brady
violations
williams
prosecution
app
indication
chief
justice
castille
aware
alleged
prosecutorial
misconduct
difficult
judge
position
view
pcra
findings
criticism
former
office
extent
leadership
supervision
district
attorney
potential
conflict
interest
posed
pcra
findings
illustrates
utility
statutes
professional
codes
conduct
provide
protection
due
process
requires
caperton
important
note
due
process
demarks
outer
boundaries
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lavoie
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addressed
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jurisdictions
already
require
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see
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american
bar
association
amicus
curiae
see
also
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model
code
judicial
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public
official
concerning
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aba
center
professional
responsibility
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implementation
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aba
model
judicial
code
state
variations
available
http
last
visited
june
adopted
language
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justice
castille
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determined
chief
justice
castille
participation
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process
must
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whether
williams
entitled
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past
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decide
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process
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may
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lines
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discussions
may
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constrained
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first
deliberations
chief
justice
castille
participation
williams
case
error
affected
state
whole
adjudicatory
framework
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must
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present
claims
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balance
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state
accused
tumey
ohio
judge
earlier
significant
personal
involvement
prosecutor
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defendant
case
risk
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bias
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proceeding
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level
due
process
entitles
terrance
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proceeding
may
present
case
assurance
member
predisposed
find
marshall
jerrico
judgment
pennsylvania
vacated
case
remanded
proceedings
inconsistent
opinion
ordered
roberts
dissenting
terrance
williams
petitioner
pennsylvania
writ
certiorari
pennsylvania
eastern
district
june
chief
justice
roberts
justice
alito
joins
dissenting
ronald
castille
district
attorney
philadelphia
authorized
prosecutor
office
seek
death
penalty
terrance
williams
almost
years
later
chief
justice
pennsylvania
participated
deciding
whether
williams
fifth
habeas
petition
raised
claim
unconnected
prosecution
decision
seek
death
penalty
heard
merits
instead
untimely
holds
chief
justice
castille
made
critical
decision
prosecutor
williams
case
risk
psychologically
wedded
previous
decision
violate
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process
clause
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petition
ante
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marks
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case
ante
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marks
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majority
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larkin
overcome
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relies
murchison
concluded
due
process
clause
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judge
adjudicates
question
based
facts
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considered
grand
juror
case
however
williams
allege
chief
justice
castille
previous
knowledge
contested
facts
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habeas
petition
previously
made
decision
questions
raised
petition
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hold
due
process
clause
require
chief
justice
castille
recusal
petitioner
terrance
williams
stood
trial
murder
amos
norwood
prosecutors
believed
williams
friend
marc
draper
asked
norwood
ride
directed
cemetery
beat
death
tire
iron
robbing
andrea
foulkes
philadelphia
assistant
district
attorney
prosecuting
case
prepared
page
memo
superiors
homicide
unit
chief
mark
gottlieb
district
attorney
ronald
castille
request
ing
actively
seek
death
penalty
app
memo
briefly
described
facts
case
williams
prior
felonies
including
previous
murder
conviction
gottlieb
read
memo
passed
castille
note
recommending
death
penalty
castille
wrote
bottom
memo
approved
proceed
death
penalty
signed
name
ibid
trial
williams
testified
never
met
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someone
else
must
murdered
hearing
extensive
evidence
linking
williams
crime
jury
convicted
murder
sentenced
death
williams
filed
habeas
petition
pennsylvania
state
alleging
trial
counsel
ineffective
failing
present
mitigating
evidence
childhood
sexual
abuse
among
claims
hearing
related
petition
williams
acknowledged
knew
norwood
claimed
norwood
sexually
abused
petition
denied
williams
filed
two
state
habeas
petitions
dismissed
untimely
federal
habeas
petition
also
denied
see
williams
beard
case
arises
williams
fifth
habeas
petition
filed
state
petition
williams
argued
entitled
new
sentencing
proceeding
prosecution
trial
failed
turn
certain
evidence
suggesting
norwood
sexually
involved
boys
around
williams
age
time
murder
crim
phila
common
pleas
app
undisputed
williams
fifth
habeas
petition
untimely
pennsylvania
law
order
overcome
time
bar
pennsylvania
law
required
williams
show
failure
previously
raise
claim
result
interference
government
officials
information
relies
obtained
earlier
exercise
due
diligence
state
habeas
held
williams
met
burden
government
withheld
multiple
statements
williams
trial
counsel
strengthened
inference
amos
norwood
sexually
inappropriate
number
teenage
boys
williams
unable
access
statements
evidentiary
proceeding
ordered
app
commonwealth
appealed
pennsylvania
williams
filed
motion
requesting
chief
justice
castille
recuse
ground
personally
authorized
office
seek
death
penalty
nearly
years
earlier
emphasis
deleted
chief
justice
castille
summarily
denied
recusal
motion
pennsylvania
proceeded
hear
case
unanimously
reinstated
williams
sentence
according
pennsylvania
williams
failed
make
threshold
showing
necessary
overcome
time
bar
abundant
evidence
williams
knew
norwood
homosexuality
conduct
teenage
boys
well
trial
sufficient
present
norwood
unsympathetic
jury
pointed
williams
course
personally
aware
norwood
abuse
raised
issue
trial
instead
chose
disclaim
ever
met
norwood
also
noted
williams
raised
similar
claims
abuse
first
state
habeas
proceeding
ibid
chief
justice
castille
concurred
separately
criticizing
lower
failing
dismiss
williams
petition
frivolous
ii
context
criminal
proceeding
due
process
clause
requires
adopt
practices
fundamental
principles
liberty
justice
inhere
idea
free
government
inalienable
right
citizen
government
twining
new
jersey
fair
trial
appeal
one
right
see
lisenba
california
aetna
life
ins
lavoie
ensuring
right
normally
within
power
state
regulate
procedures
laws
carried
unless
procedure
offends
principle
justice
rooted
traditions
conscience
people
ranked
fundamental
internal
quotation
marks
omitted
clear
judge
direct
personal
substantial
pecuniary
interest
case
may
preside
case
tumey
ohio
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judge
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proceeding
judge
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juror
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party
charged
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mayberry
pennsylvania
internal
quotation
marks
omitted
see
murchison
prior
decision
caperton
massey
coal
declined
require
judicial
recusal
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process
clause
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process
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process
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justice
castille
recusal
significant
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trial
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case
ante
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explains
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involved
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law
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jury
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judge
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jury
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trial
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process
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process
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process
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judge
risk
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jury
room
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parties
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process
concerns
present
chief
justice
castille
involved
decision
seek
death
penalty
perhaps
reasonable
murchison
require
recuse
challenge
casting
doubt
recommendation
case
case
whether
williams
may
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procedural
bar
filing
untimely
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petition
required
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government
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ability
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habeas
claim
information
relies
obtained
earlier
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diligence
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williams
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timeliness
bar
moreover
claim
sought
raise
merits
prosecution
failed
turn
certain
evidence
trial
problem
murchison
judge
part
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process
regarding
guilt
innocence
defendants
wholly
disinterested
called
upon
decide
issue
case
contrast
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procedural
question
williams
merits
claim
way
concerns
pretrial
decision
seek
death
penalty
abundantly
clear
unlike
murchison
chief
justice
castille
made
mind
either
contested
evidence
legal
issues
review
williams
fifth
habeas
petition
neither
contested
evidence
legal
issues
ever
prosecutor
page
memo
prepared
assistant
district
attorney
foulkes
discuss
evidence
williams
claims
withheld
prosecution
trial
also
discuss
williams
allegation
norwood
sexually
abused
young
men
certainly
discuss
whether
williams
obtained
evidence
abuse
earlier
exercise
due
diligence
williams
assert
chief
justice
castille
prior
knowledge
alleged
failure
prosecution
turn
evidence
argue
chief
justice
castille
previously
made
decision
respect
evidence
role
prosecutor
even
assuming
chief
justice
castille
remembered
contents
memo
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years
later
doubtful
memo
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chief
justice
castille
special
impression
facts
issues
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memo
majority
attempts
justify
rule
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risk
judge
psychologically
wedded
previous
position
prosecutor
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consciously
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erred
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position
ante
internal
quotation
marks
omitted
matter
simple
logic
nothing
chief
justice
castille
might
rule
williams
fifth
habeas
petition
suggest
judge
erred
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position
distinct
question
whether
seek
death
penalty
prior
trial
sum
objective
risk
actual
bias
ante
fundamentally
unfair
chief
justice
castille
participate
decision
issue
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participation
case
due
process
clause
prohibit
chief
justice
castille
hearing
williams
case
mean
however
appropriate
williams
cites
number
state
decisions
ethics
opinions
prohibit
prosecutor
later
serving
judge
case
prosecuted
due
process
clause
mandate
recusal
cases
state
authorities
determine
whether
recusal
required
affirm
judgment
pennsylvania
respectfully
dissent
contrary
conclusion
thomas
dissenting
terrance
williams
petitioner
pennsylvania
writ
certiorari
pennsylvania
eastern
district
june
justice
thomas
dissenting
concludes
violates
due
process
clause
chief
justice
pennsylvania
former
district
attorney
trial
prosecutor
petitioner
terrance
williams
case
review
williams
fourth
petition
state
postconviction
review
ante
conclusion
flawed
specter
bias
alone
judicial
proceeding
deprivation
due
process
rather
constitutionalize
every
judicial
disqualification
rule
left
rules
legislatures
bar
associations
judgment
individual
adjudicators
williams
moreover
criminal
defendant
complaint
instead
due
process
protections
state
postconviction
proceedings
altogether
new
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matter
continuation
criminal
trial
lacking
ruling
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favor
ignores
posture
precedents
commanding
less
state
postconviction
proceedings
criminal
prosecutions
involving
defendants
whose
convictions
yet
final
respectfully
dissent
reader
majority
opinion
might
mistakenly
think
prosecution
williams
ongoing
majority
makes
mention
fact
williams
sentence
final
years
postconviction
posture
case
crucial
importance
considering
question
presented
begin
protracted
procedural
history
williams
repeated
attempts
collaterally
attack
sentence
years
ago
williams
accomplice
beat
victim
death
tire
iron
socket
wrench
commonwealth
williams
williams
williams
later
returned
scene
crime
cemetery
soaked
victim
body
gasoline
set
fire
trial
williams
commenced
chief
homicide
unit
district
attorney
ronald
castille
approved
trial
prosecutor
decision
seek
death
penalty
signing
piece
paper
see
app
castille
involvement
williams
criminal
case
thereafter
pennsylvania
jury
convicted
williams
murder
sentenced
death
williams
pennsylvania
affirmed
conviction
sentence
five
years
later
williams
filed
first
petition
state
postconviction
relief
commonwealth
williams
williams
ii
postconviction
denied
petition
williams
appealed
raising
alleged
errors
ibid
pennsylvania
included
castille
new
capacity
justice
affirmed
denial
relief
rejected
claims
procedural
grounds
denied
remaining
claims
merits
lengthy
opinion
mention
possibility
castille
bias
williams
apparently
never
asked
recusal
williams
filed
two
petitions
state
postconviction
relief
petitions
dismissed
untimely
pennsylvania
affirmed
commonwealth
williams
per
curiam
williams
iii
commonwealth
williams
per
curiam
williams
iv
castille
also
presumably
participated
proceedings
williams
apparently
ask
williams
made
fourth
attempt
vacate
sentence
state
williams
vi
williams
alleged
prosecution
violated
brady
maryland
failing
disclose
exculpatory
evidence
allegedly
exculpatory
evidence
information
williams
motive
according
williams
prosecution
disclosed
counsel
knew
williams
victim
previously
engaged
sexual
relationship
williams
minor
williams
vi
state
postconviction
agreed
vacated
sentence
commonwealth
appealed
pennsylvania
fourth
time
williams
appeared
castille
williams
ask
recuse
app
castille
denied
recusal
motion
declined
refer
full
shortly
thereafter
vacated
postconviction
order
reinstated
williams
sentence
first
noted
williams
fourth
petition
filed
years
williams
judgment
sentence
became
final
untimely
face
williams
vi
rejected
trial
conclusion
exception
pennsylvania
timeliness
rule
applied
reached
inescapable
conclusion
williams
entitled
relief
see
also
castille
concurring
writing
separately
address
important
responsibilities
state
postconviction
trial
courts
serial
capital
state
postconviction
matters
finally
williams
filed
application
reargument
app
denied
application
without
castille
participation
castille
retired
bench
nearly
two
months
ruled
procedural
history
illustrates
question
presented
hardly
majority
makes
majority
incorrectly
refers
case
us
williams
criminal
case
ended
single
case
matter
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ante
majority
frames
issue
follows
whether
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process
clause
permits
castille
ac
accuser
judge
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case
ante
majority
answers
judge
served
advocate
state
case
asked
adjudicate
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question
arises
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judge
even
diligent
effort
set
aside
personal
interest
outcome
ante
emphasis
added
accordingly
majority
holds
judge
earlier
significant
personal
involvement
prosecutor
critical
decision
defendant
case
risk
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bias
judicial
proceeding
rises
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level
ante
emphasis
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single
case
castille
acted
prosecutor
adjudicator
castille
still
serving
district
attorney
office
williams
criminal
proceedings
ended
sentence
death
became
final
williams
filing
petition
state
postconviction
relief
continue
resurrect
already
final
criminal
proceeding
postconviction
proceeding
part
criminal
proceeding
fact
considered
civil
nature
pennsylvania
finley
brings
fewer
procedural
protections
see
district
attorney
office
third
judicial
dist
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williams
case
therefore
presents
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question
posited
majority
accurately
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whether
judge
may
review
petition
postconviction
relief
judge
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served
district
attorney
petitioner
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case
pending
reasons
follow
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question
merits
different
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proceeding
existing
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statute
law
england
emigration
ancestors
touchstone
due
process
tumey
ohio
see
also
murray
lessee
hoboken
land
improvement
due
process
requires
judicial
proceedings
pennsylvania
postconviction
courts
therefore
guided
historical
treatment
judicial
disqualification
neither
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practice
case
law
constitutionalizing
practice
requires
former
prosecutor
recuse
prisoner
postconviction
proceedings
common
law
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man
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judge
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sentence
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adjudicate
case
party
see
earl
derby
case
eng
mere
bias
without
financial
stake
case
grounds
disqualification
biases
judges
challenged
according
blackstone
law
suppose
possibility
bias
favour
judge
already
sworn
administer
impartial
justice
whose
authority
greatly
depends
upon
presumption
idea
blackstone
commentaries
laws
england
blackstone
see
also
brookes
earl
rivers
hardres
eng
exch
deciding
judge
favour
shall
presumed
merely
involved
early
american
conception
judicial
disqualification
keeping
clear
simple
rule
judge
disqualified
direct
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interest
nothing
else
frank
disqualification
judges
yale
frank
see
also
flamm
judicial
disqualification
recusal
disqualification
judges
ed
jurisdictions
required
judges
recuse
stood
profit
involvement
broadly
property
involved
see
moses
julian
see
also
jim
state
mo
deciding
judge
unlawfully
interested
criminal
case
slave
defendant
judge
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interest
directly
implicated
case
see
davis
state
tex
deciding
judge
victim
theft
disqualified
prosecution
theft
see
also
cooley
constitutional
limitations
ed
rejecting
financial
stake
remote
trifling
insignificant
may
fairly
supposed
incapable
affecting
judgment
moses
supra
creditor
lessee
debtor
may
judge
case
debtor
landlord
creditor
except
cases
amount
party
property
involved
suit
great
ability
meet
engagements
judge
may
depend
upon
success
suit
inhabitants
readington
twp
hunterdon
county
dilley
deciding
judge
previously
paid
survey
roadway
issue
case
disqualified
shortly
founding
american
notions
judicial
disqualification
expanded
important
respects
particular
relevance
national
state
legislatures
enacted
statutes
constitutional
provisions
diverged
common
law
requiring
disqualification
judge
served
counsel
one
parties
first
federal
recusal
statute
example
required
disqualification
judge
concerned
interest
also
ha
counsel
either
party
act
may
stat
many
followed
suit
enacting
similar
disqualification
statutes
constitutional
provisions
expanding
rule
see
wilks
state
tex
app
fechheimer
washington
ind
per
curiam
sjoberg
nordin
whipple
saginaw
circuit
judge
mathis
state
see
owings
gibson
deciding
judge
choose
whether
fairly
adjudicate
case
served
lawyer
plaintiff
action
courts
applied
expanded
view
disqualification
cases
involving
judges
previously
served
counsel
private
parties
also
previously
served
former
attorneys
general
district
attorneys
see
terry
state
tex
crim
app
mathis
supra
expansion
modest
disqualification
required
newly
appointed
judge
served
counsel
case
carr
fife
example
rejected
argument
judge
required
recuse
previously
served
counsel
defendants
another
matter
left
judge
decide
whether
improper
sit
trial
suit
likewise
taylor
williams
tex
texas
acknowledged
judge
common
law
disqualified
sitting
cause
counsel
concluded
fact
presiding
judge
counsel
case
necessarily
render
interested
fortiori
texas
held
judge
interested
case
merely
counsel
another
cause
involving
title
emphasis
added
see
also
richmond
cced
la
decisions
far
able
find
unanimous
counsel
means
counsel
party
cause
controversy
either
cause
controversy
identical
disqualification
exist
wolfe
hines
cleghorn
cleghorn
cal
limitation
person
must
act
counsel
adjudicator
case
makes
good
sense
least
one
state
highest
courts
feared
broader
rule
wreak
havoc
circumstance
judge
counsel
parties
case
involving
issues
theretofore
tried
disqualified
acting
every
case
parties
issues
subsequently
involved
eminent
members
bar
reason
extensive
professional
relations
large
experience
rendered
ineligible
useless
judges
blackburn
craufurd
md
indeed
broader
rule
odds
historical
practice
past
justices
decided
cases
involving
former
clients
private
sector
former
offices
public
sector
see
frank
examples
legion
chief
among
marbury
madison
cranch
state
john
marshall
sealed
failed
deliver
william
marbury
commission
newly
appointed
chief
justice
marshall
decided
whether
mandamus
available
remedy
require
james
madison
finish
job
see
paulsen
marbury
wrongness
constitutional
commentary
next
century
entered
fray
judicial
disqualifications
handful
times
drawing
longstanding
historical
practice
announced
due
process
clause
compels
judges
disqualify
narrow
circumstances
described
time
cautioned
questions
judicial
qualification
may
involve
constitutional
validity
tumey
matters
kinship
personal
bias
state
policy
remoteness
interest
seem
generally
matters
merely
legislative
discretion
ibid
see
also
aetna
life
ins
lavoie
due
process
clause
demarks
outer
boundaries
judicial
disqualifications
first
tumey
held
due
process
tolerate
adjudicator
profit
case
convicted
defendant
holding
paralleled
rule
certainly
violates
fourteenth
amendment
deprives
defendant
criminal
case
due
process
law
subject
liberty
property
judgment
judge
direct
personal
substantial
pecuniary
interest
reaching
conclusion
case
emphasis
added
see
also
ward
monroeville
deciding
mayor
adjudicate
traffic
violations
revenue
convictions
constituted
substantial
portion
municipality
revenue
later
applying
tumey
rule
aetna
life
held
judge
decided
case
involving
insurance
company
direct
personal
substantial
pecuniary
interest
brought
similar
case
insurer
opinion
clear
immediate
effect
enhancing
legal
status
settlement
value
case
alterations
internal
quotation
marks
omitted
second
murchison
adopted
constitutional
rule
resembling
historical
practice
disqualification
former
counsel
state
law
empowered
trial
judge
sit
man
jury
meaning
compel
witnesses
appear
secret
testify
suspected
crimes
secret
proceedings
trial
judge
suspected
one
witnesses
lee
roy
murchison
committed
perjury
charged
another
john
white
contempt
refused
answer
judge
questions
without
counsel
present
see
judge
tried
men
open
convicted
sentenced
based
part
interrogation
secret
proceedings
see
defendants
appealed
arguing
trial
judge
time
complainant
indicter
prosecutor
constituted
denial
fair
impartial
trial
required
due
process
agreed
strange
system
law
permitted
judge
act
grand
jury
try
persons
accused
result
investigations
broadly
speaking
murchison
rule
constitutionalizes
early
american
statutes
requiring
disqualification
single
person
acts
counsel
judge
single
civil
criminal
tumey
murchison
arguably
reflect
historical
understandings
judicial
disqualification
traditionally
judges
disqualified
direct
substantial
pecuniary
interest
served
counsel
case
historical
understandings
judicial
disqualification
resolve
williams
case
castille
serve
prosecutor
judge
case
us
even
assuming
castille
supervisory
role
district
attorney
tantamount
serving
counsel
williams
criminal
case
case
ended
nearly
five
years
castille
joined
pennsylvania
castille
participated
separate
proceeding
reviewing
williams
petition
postconviction
relief
discussed
see
part
supra
postconviction
proceeding
extension
williams
criminal
case
instead
new
civil
proceeding
see
finley
case
law
bears
many
distinctions
two
proceedings
criminal
case
williams
presumed
innocent
coffin
constitution
guaranteed
counsel
gideon
wainwright
powell
alabama
public
trial
jury
peers
duncan
louisiana
empowered
confront
witnesses
crawford
washington
well
requirements
criminal
proceeding
postconviction
proceedings
presumption
innocence
disappear
ed
herrera
collins
postconviction
petitioner
constitutional
right
counsel
finley
supra
see
also
johnson
avery
ever
held
right
demand
postconviction
consider
freestanding
claim
actual
innocence
herrera
supra
demand
state
turn
exculpatory
evidence
osborne
see
also
wright
west
plurality
opinion
cataloguing
differences
direct
collateral
review
concluding
hese
differences
simply
reflect
fact
habeas
review
entails
significant
costs
internal
quotation
marks
omitted
precedents
due
process
rights
parallel
trial
right
rather
must
analyzed
light
fact
already
found
guilty
fair
trial
limited
interest
postconviction
relief
osborne
supra
castille
act
counsel
judge
case
castille
participation
postconviction
proceedings
violate
due
process
clause
castille
might
personal
ly
involve
critical
trial
decision
ante
trial
williams
criminal
trial
postconviction
proceedings
us
perhaps
castille
participation
williams
postconviction
proceeding
unwise
within
bounds
historical
practice
end
case
members
decide
time
time
whether
process
approved
legal
traditions
people
process
pacific
mut
life
ins
haslip
scalia
concurring
judgment
today
holding
departs
practice
prior
precedents
ignoring
critical
distinction
criminal
postconviction
proceedings
chief
justice
castille
direct
personal
substantial
pecuniary
interest
adjudication
williams
fourth
postconviction
petition
tumey
although
majority
invokes
murchison
ante
wrongly
relies
decision
murchison
judge
acted
accuser
judge
proceeding
castille
see
part
supra
perceived
bias
majority
fears
instead
outside
bounds
historical
expectations
judicial
recusal
perceived
bias
without
recognized
constitutionally
compelled
ground
disqualification
recent
decision
caperton
massey
coal
caperton
decided
due
process
demanded
disqualification
extreme
facts
proved
probability
actual
bias
caperton
course
elicited
questions
answers
roberts
dissenting
conclusion
bias
alone
grounds
disqualification
constitutional
matter
represents
complete
departure
common
law
principles
frank
see
blackstone
law
suppose
possibility
bias
favor
judge
therefore
readily
extend
caperton
probability
actual
bias
rule
state
postconviction
proceedings
precedents
demand
far
less
process
postconviction
proceedings
criminal
prosecution
see
osborne
supra
see
also
cafeteria
restaurant
workers
mcelroy
concluding
due
process
clause
demand
inflexible
procedures
universally
applicable
every
imaginable
situation
state
habeas
petitioner
entitled
counsel
constitutional
matter
state
postconviction
proceedings
finley
supra
unreasonable
think
likewise
entitled
demand
constitutional
matter
state
postconviction
consider
case
anew
judge
direct
substantial
pecuniary
interest
served
counsel
case
failed
recuse
bias
majority
fears
problem
state
legislature
resolve
federal
constitution
see
aetna
life
need
decide
whether
allegations
bias
prejudice
judge
type
ever
sufficient
due
process
clause
force
recusal
indeed
appears
pennsylvania
set
standard
requiring
judge
disqualify
served
governmental
employment
capacity
participated
personally
substantially
lawyer
public
official
concerning
proceeding
code
judicial
conduct
see
code
judicial
conduct
rule
west
officials
pennsylvania
fully
capable
deciding
judges
participated
personally
substantially
manner
require
disqualification
without
intervention
due
process
requires
especially
state
postconviction
review
ha
flexibility
deciding
procedures
needed
osborne
supra
iii
even
assume
error
occurred
williams
state
postconviction
proceedings
question
remains
whether
anything
left
pennsylvania
courts
remedy
majority
remands
case
llo
appellate
panel
reconsider
case
without
participation
interested
member
declares
permit
judges
probe
lines
analysis
engage
discussions
may
felt
constrained
avoid
first
deliberations
ante
majority
neglects
mention
pennsylvania
might
done
entertained
williams
motion
reargument
without
castille
retired
months
denied
motion
pennsylvania
free
decide
remand
cured
alleged
deprivation
due
process
williams
postconviction
proceeding
considering
motion
reargument
without
castille
participation
case
ante
quoting
tumey
supra
case
due
process
rights
already
convicted
whatever
rights
might
include
policing
alleged
violations
state
codes
judicial
ethics
postconviction
proceedings
due
process
clause
require
conceivable
procedural
protections
members
think
western
liberal
democratic
government
guarantee
citizens
monaghan
perfect
constitution
rev
emphasis
deleted
respectfully
dissent
footnotes
williams
also
filed
federal
habeas
petition
federal
courts
ultimately
rejected
williams
beard
williams
cert
denied
williams
wetzel
setting
aside
prosecutor
violate
brady
failing
disclose
information
defendant
defendant
motive
kill
worth
noting
allegation
merely
repackaged
old
arguments
state
postconviction
hearing
williams
presented
evidence
prior
sexual
abuse
including
multiple
sexual
victimizations
including
sodomy
childhood
support
ineffective
assistance
claim
williams
ii
saylor
dissenting
argued
victim
engaged
homosexual
acts
williams
vi
federal
habeas
proceedings
williams
admitted
plan
night
murder
threaten
reveal
victim
wife
victim
homosexual
contended
attorney
presented
related
evidence
victim
prior
sexual
relationship
williams
supra
applied
murchison
later
cases
involving
contempt
proceedings
litigant
contemptuous
conduct
egregious
judge
become
controversy
judge
party
mayberry
pennsylvania
see
also
taylor
hayes