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Gothmog

(182,569 posts)
61. The case cited is so on point that it is not even funny
Mon Feb 18, 2019, 08:22 PM
Feb 2019

Making threatening phone calls to a judge is not grounds for recusal https://caselaw.findlaw.com/us-9th-circuit/1069436.html

Russell Laroy Holland appeals his conviction and sentence for mailing threatening communications and threatening the President of the United States.   He maintains that the district court judge who imposed the sentence should have recused himself after Holland obtained the judge's home telephone number and left at least one threatening message prior to his sentencing.   We hold that the district judge reasonably construed Holland's threatening phone message as an attempt to manipulate the court system which did not warrant his sua sponte recusal.   Accordingly, we affirm the judgment.

.....The district judge found that “these [threats] are attempts to manipulate the criminal justice system.”   This finding is amply supported by the record, including Holland's behavior in the courtroom.   At the beginning of the proceedings, Holland blurted out, “The detectives told me yesterday that I threatened you [the district judge] at home.   Did I threaten you at home?”   Later, when given an opportunity to address the court, Holland stated “I am not as bad as my paperwork says․ There ain't no way I am going to look for a judge.   There ain't no damn way I am going to look for a President of the United States or anybody․ I have never hurt a victim.”   He attempted to explain his threats as part of the prison culture:  “Maybe it's because of the lifestyle, the way prison is.   Everybody threatens, ‘I am going to do this, I am going to do that.’   It has got to the point where it is natural to do that․ But as far as carrying out the threats, no.   There ain't no way.   Who would be stupid enough?”   It was not until well after Holland offered this explanation, and was subsequently removed from the courtroom by refusing to be quiet during sentencing,7 that the judge addressed the issue of Holland's threatening phone messages.

Holland directs our attention to a comment the district court made suggesting that Appellant's threats should be taken seriously.   The court stated, “As I pointed out to him, many of his crimes are violent and assaultive in nature.   So contrary to what he says, if he is given the opportunity, he has the ability to carry out his threats.”   Holland argues that this statement suggests that the district court may have taken the threats seriously, which would weigh in favor of recusal.8  However, there is compelling evidence that the district court dealt with Holland in an even-handed manner.   It considered his motions, allowed Appellant to speak freely at sentencing, and treated him in a courteous manner.   When reviewing the situation as a whole, we cannot conclude that a reasonable person in possession of all the facts would determine that the district court based its sentence on anything but the merits of the case.   Consequently, we find no plain error in the district court's decision not to recuse itself sua sponte under § 455.   The judgment is

AFFIRMED.

Recommendations

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Do you have a copy of it? California_Republic Feb 2019 #1
It is on another thread here.... yellowcanine Feb 2019 #6
Here Gothmog Feb 2019 #8
Thanks. I thought it was over her face. California_Republic Feb 2019 #12
The "crosshairs" look more like the notorious Zodiac Killer's mark. VOX Feb 2019 #73
Right, that's why he took it down. louis-t Feb 2019 #2
EXACTLY!!!!!!! bluestarone Feb 2019 #3
Did he re-post it without the crosshair? If so, that looks like consciousness of guilt. alwaysinasnit Feb 2019 #4
He did. louis-t Feb 2019 #7
This may make it easier for his attorney(s) to withdraw from his case (if they have any integrity). alwaysinasnit Feb 2019 #9
+1, unless Stone is trying to stall the case uponit7771 Feb 2019 #29
Good possibility, but I think the risks of this type of move outweigh the benefits IMO. It never alwaysinasnit Feb 2019 #31
Maybe that's what he's trying to do get her removed uponit7771 Feb 2019 #32
I don't think that will be successful because any animus, if any, will have occurred after alwaysinasnit Feb 2019 #35
Got it, Stone is just an asshole who's gotten away with too much uponit7771 Feb 2019 #37
Hopefully not for too much longer. alwaysinasnit Feb 2019 #39
Is that them behind him? Cracklin Charlie Feb 2019 #67
I don't know but if they are, then they have good reason to be unhappy. Although, I can't spare them alwaysinasnit Feb 2019 #68
This is a mob government malaise Feb 2019 #5
Shouldn't the judge be the one to determine if the photo is "threatening" since it targets her? nt allgood33 Feb 2019 #82
If not to make her a target, why post her photo? Raven123 Feb 2019 #10
Exactly. he is getting into really dangerous shit. triron Feb 2019 #19
+1 then repost it without the cross hair uponit7771 Feb 2019 #30
Why indeed ck4829 Feb 2019 #50
Say hello to prison dipshit! Vinnie From Indy Feb 2019 #11
Into JAIL, that's before his prison sentence!!! elleng Feb 2019 #15
I care more about her safety than whether he spends a little more time in jail. mucifer Feb 2019 #79
It's like the Mafia saying that the dead fish they left on your doorstep was a gift dalton99a Feb 2019 #13
Let's see how desperate he is when . . . peggysue2 Feb 2019 #14
This is too much. honest.abe Feb 2019 #16
From. A CBS news reporter... irisblue Feb 2019 #17
Yeah, it's just a random symbol dalton99a Feb 2019 #20
Exactly what I thought of on seeing that photo irisblue Feb 2019 #25
Yeah this is a direct threat on the life of the judge workinclasszero Feb 2019 #27
Like the magabomber's van? UpInArms Feb 2019 #34
"A symbol of some type" csziggy Feb 2019 #57
Stone, like Trump, seems minimally literate dawg day Feb 2019 #66
Since when does the defendant get a say in who the judge is? scarytomcat Feb 2019 #81
Reverse google search.. X_Digger Feb 2019 #18
Between the target AND the word corruption GitRDun Feb 2019 #44
And the skull and crossbones. MrsCoffee Feb 2019 #72
Ack! I found that blogger's youtube channel! blogslut Feb 2019 #63
What is up with the photoshopped earrings? So weird. Maru Kitteh Feb 2019 #78
not cross hairs, it is fascist... Thomas Hurt Feb 2019 #21
Works both ways workinclasszero Feb 2019 #33
I almost feel sorry for stone's legal team Gothmog Feb 2019 #22
Chutzpah: Killing your parents and then pleading for mercy because you are an orphan. eggplant Feb 2019 #60
I was in jail once (Cochise County Zoo) for 48 hours. panader0 Feb 2019 #23
In an administration full of dumbasses, Roger Stone might be the biggest. TwilightZone Feb 2019 #24
Wait...You can not take that title of dumbass away from the orange buffoon Perseus Feb 2019 #43
If it walks like a duck.....well, you all know the rest. old guy Feb 2019 #26
Guess who's going to be in jail very, very soon. Vinca Feb 2019 #28
Stone attorneys scramble to file court documents apologizing to judge for crosshairs photo Gothmog Feb 2019 #62
"One of the people who works for me posted it..." IllinoisBirdWatcher Feb 2019 #36
You also can't force a judge to recuse herself by threatening her. Gothmog Feb 2019 #38
CLANG! snort Feb 2019 #40
Throw this asshole in jail mn9driver Feb 2019 #41
Revoke his bail. Hassler Feb 2019 #42
Roger should do okay in jail. Mr.Bill Feb 2019 #45
Out of all the possible photos of Judge Jackson gratuitous Feb 2019 #46
Next time we see the Rog, he'll probably be pulling up to Judge Jackson in a snazzy wheelchair Mr. Ected Feb 2019 #47
My bet is he did it on purpose with the goal of getting a new judge that might show cstanleytech Feb 2019 #48
This will not work Gothmog Feb 2019 #54
I never said it would work just that my bet is that is what his goal and if cstanleytech Feb 2019 #58
The case cited is so on point that it is not even funny Gothmog Feb 2019 #61
Problem is Gorsuch and Kavanaugh as I am willing to bet Trump will call in some markers if it gets cstanleytech Feb 2019 #70
This issue will not get to the SCOTUS Gothmog Feb 2019 #75
Yeah... ck4829 Feb 2019 #49
He's an JustAnotherGen Feb 2019 #51
From Prof. Tribe Gothmog Feb 2019 #52
i guess that Roger is in the same bin as Donald the 5 watt bulb. Stuart G Feb 2019 #53
Here is the full sized that he used LiberalArkie Feb 2019 #55
Just playing to his TV audience and his homie Donny 2 Scoops Mr. Ected Feb 2019 #56
Roger Stone's attorneys apologize to court for stone's picture/stunt Gothmog Feb 2019 #59
I say it's contempt of court---violating gag order for starters... lastlib Feb 2019 #64
This is not a normal part of criminal practice Gothmog Feb 2019 #65
I see an orange jumpsuit in his future. redstatebluegirl Feb 2019 #69
Apology not accepted Gothmog Feb 2019 #71
Under the law, there is no motion like this Gothmog Feb 2019 #74
What a piece of slime Stone is. nt Hekate Feb 2019 #76
"When I say 'He should be bludgeoned over the head with a thick piece struggle4progress Feb 2019 #77
Good luck selling that argument! Luciferous Feb 2019 #80
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