Medievals believed that fortune was controlled by a wheel that brought prosperity one day but woe the next. The fate of defendants in criminal cases is shaped by a wheel no less capricious: the random assignment of judges.
Judicial Roulette: Recusal Motions in Criminal Cases
A recent Ninth Circuit decision vacating a conviction because the trial judge failed to recuse himself, and a pending recusal application by convicted executive Jamie Olis, remind us that sometimes defendants try to improve their judicial lot through recusal, though with little hope for success.
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