United States Third Circuit

A federal district court judge should recuse himself or herself from participating in a habeas corpus petition of a defendant raising any issue concerning the trial or conviction over which that judge presided in his or her former capacity as a state court judge.

Appellate Information

• Argued 05/05/2004
• Decided 07/29/2004
• Published 07/29/2004

Judges

• Before SLOVITER and FUENTES, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Patricia C. Shea (Argued), David R. Fine, Kirkpatrick & Lockhart, Harrisburg, for Appellant.


• For Appellees:
  
• Francis T. Chardo (Argued), James P. Barker, Deputy District Attorney, Office of District Attorney, Harrisburg, for Appellee.