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"Chief Judge Contributed to Racy Web Site"

"Chief Judge Contributed to Racy Web Site": Adam Liptak will have this article Thursday in The New York Times.

In response to the double jeopardy aspect of this earlier post of mine, a highly regarded criminal defense appellate specialist emails, "In my opinion, Fed.R.Crim.P. 25(a) permits another judge to take over the trial (after quickly reviewing daily copy, per Rule 25(a)(2)). Mandatory recusal under 455(a) should be understood to be a 'disability' within the meaning of Rule 25. For that reason, termination of the trial is not 'manifestly necessary' and restarting the trial after termination w/o the defendant's consent would constitute double jeopardy."

Full post as published by How Appealing on June 12, 2008 (boomark / email).