Butler v. United States

How later courts described this case

• finding the trial judge should have recused when defense counsel told him that the government's case can be proved beyond a reasonable doubt and that the defendant intends to commit perjury, noting that "[w]hen the court has regard for the ability and honesty of the lawyer . . . the credibility of the defendant would necessarily suffer in direct proportion to such regard"
• defendant’s due process rights violated when judge, told by trial counsel that government’s case can be proved beyond *370 reasonable doubt and that defendant plans to commit perjury, refused to accept guilty plea and became trier of fact; judge should have recused himself and certified case to another judge.
• defendant's due process rights violated when judge, told by trial counsel that government's case can be proved beyond reasonable doubt and that defendant plans to commit perjury, refused to accept guilty plea and became trier of fact; judge should have recused himself and certified case to another judge.
• "destruction of the appearance of impartiality" in violation of due process required recusal where trial judge, sitting as trier of fact, learns from defense counsel the merits of defendant's case and that defendant plans to commit perjury

Written by the judges who cited it.