United States v. Liggins, No. 22-1236 (6th Cir. 2023)
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Liggins was charged with conspiracy to possess with intent to distribute and to distribute heroin, 21 U.S.C. 841(a)(1),846, and aiding and abetting the possession with intent to distribute heroin, sections 841 and 2. At a pretrial hearing, the district judge remarked that Liggins, a Black man, “look[ed] like a criminal to me” and that Liggins was doing “what criminals do.” Liggins unsuccessfully moved for the judge’s recusal based on these remarks, among others, such as "I’m tired of this case. I’m tired of this defendant."
The Sixth Circuit vacated Liggins's conviction and 127-month sentence and remanded to another district judge for a new trial. The judge's remarks could be understood to demonstrate clear prejudgment of Liggins’ guilt and could be understood to refer to Liggins's appearance rather than his behavior in insisting on a jury trial and changing attorneys. The judge also denied Liggins's requests to speak. "In this case, the risk of undermining the public’s confidence in the judicial process is significant."
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