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Was the 2nd Circuit Too Soft on Bias?

Yesterday, the 2nd Circuit overturned investment banker Frank Quattrone's conviction, finding error in jury instructions and assigning the case to another judge for new trial.  Today, Mike Cernovich takes the 2nd Circuit to task for downplaying lower court Judge Owen's bias.  As Cernovich points out,  Quattrone's appellate attorneys cited significant press coverage indicating the media's widely held view that Judge Owen was biased, which should have been sufficient (in Cernovich's view) to enable the 2nd Circuit to note Owen for judicial misconduct.  Cernovich's parting words:

"I suppose it was easier for Judges Wesley, Hall, and Scullin to pretend that that no evidence of judicial misconduct existed, rather than properly and publicy note Judge Owen's judicial misconduct.  For that, Judges Wesley, Hall, and Scullin are almost as worthy of our disapprobation as Judge Owen is."

Posted by Carolyn Elefant on March 21, 2006 at 02:16 PM | Permalink | Comments (0) | TrackBack (0)


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