Opinion

Parrish v. Board of Commissioners

  • 524 F.2d 98
Court
Court of Appeals for the Fifth Circuit
Filed
Dec 4, 1975
Status
Published
Author
Brown
On the bench
Ainsworth, Bell, Berry, Brown, Clark, Coleman, Dyer, Gee, Gewin, Godbold, Goldberg, Morgan, Roney, Simpson, Thorn, Tle, Tut, Tuttle, Wisdom
Cited by
34 cases
Authority
More cited than 18.8%

holding that § 455(a) involves a “reasonable man test”

How later courts described this case

  • holding that § 455(a) involves a “reasonable man test”
  • Tuttle, Goldberg, dissenting, Wisdom separately dissenting

Written by the judges who cited it.

The opinion

JOHN R. BROWN, Chief Judge

(specially concurring):

I concur in the result and all of Judge Bell’s opinion in Parts II and III and all of the opinion in Part I except that portion which specifically adopts the test in the Third Circuit case of United States v. Thompson, 3 Cir., 1973, 483 F.2d 527 . I believe that the portion of the test in Thompson that requires a finding that “the facts ... if true would convince a reasonable man that a bias exists ” (emphasis added) can be read as requiring proof of bias in fact. I do not think that we need go this far. Under the other acceptable and frequently used test, whether a reasonable person could reasonably have a belief of bias, this affidavit is still insufficient. Therefore, I would reach the same result, but I think that we need not decide at this point which of these two possibly divergent standards we should apply.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.