U.S. Supreme Court Issues Important Recusal Decision

The U.S. Supreme Court issued an interesting case on recusal today. In Caperton v. A.T. Massey Coal Co., [08-22],  a 5-4 opinion, the Court recognized a due process violation when a judge refuses to recusue himself when a litigant "had a significant and disproportionate influence in placing the judge on the case by raising funds or directing the judge’s election campaign when the case was pending or imminent."
 

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Recusal-Based 60(b)(6) Motion Late Where Moving Party Obtained Underlying Document Six Years Earlier

A defendant found no relief from judgment under Rule 60(b)(6) where he had obtained the document supporting his plea for relief six years before he filed his motion. Price v. Clayton, Nos. 2070728, 2070755 (Ala. Civ. App. Oct. 31, 2008). The trial court’s denial of the recusal-based 60(b)(6) motion was affirmed.

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