In re: Walter Moody, Jr., No. 13-12657 (11th Cir. 2014)
Annotate this CasePetitioner, convicted of 71 counts including murder of an Eleventh Circuit judge, petitioned for a writ of mandamus ordering the recusal of a district judge who was randomly assigned to hear his federal petition for a writ of habeas corpus and directing the transfer of this matter to a district judge outside the bounds of the Eleventh Circuit. Petitioner then moved for the recusal of all judges on this court, requesting that the court likewise transfer his mandamus petition to a different circuit. At issue was whether, 24 years after the judge's murder, recusal was required for current Eleventh Circuit judges who had no personal connection or relationship with the judge and who were not members of the Circuit at the time. The court answered in the negative, concluding that under the unique facts of this case such a tenuous connection would not, standing alone, raise significant doubt in the mind of an informed, objective, and disinterested lay observer about the court's ability to fairly decide cases involving defendant. Further, the court could not conclude that the court became prospective members of the so-called "victim class" upon the court's confirmation to the Eleventh Circuit. The court finally concluded that defendant was not entitled to the recusal of the district court judge. Accordingly, the court denied the motion for recusal and the mandamus petition.
The court issued a subsequent related opinion or order on March 12, 2014.
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