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In reply to the discussion: Stone desperately claims 'crosshairs' photo of judge is not threatening: [View all]Gothmog
(182,569 posts)61. The case cited is so on point that it is not even funny
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.
.....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.
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Stone desperately claims 'crosshairs' photo of judge is not threatening: [View all]
Gothmog
Feb 2019
OP
Did he re-post it without the crosshair? If so, that looks like consciousness of guilt.
alwaysinasnit
Feb 2019
#4
This may make it easier for his attorney(s) to withdraw from his case (if they have any integrity).
alwaysinasnit
Feb 2019
#9
Good possibility, but I think the risks of this type of move outweigh the benefits IMO. It never
alwaysinasnit
Feb 2019
#31
I don't think that will be successful because any animus, if any, will have occurred after
alwaysinasnit
Feb 2019
#35
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
Shouldn't the judge be the one to determine if the photo is "threatening" since it targets her? nt
allgood33
Feb 2019
#82
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
Chutzpah: Killing your parents and then pleading for mercy because you are an orphan.
eggplant
Feb 2019
#60
Stone attorneys scramble to file court documents apologizing to judge for crosshairs photo
Gothmog
Feb 2019
#62
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
I never said it would work just that my bet is that is what his goal and if
cstanleytech
Feb 2019
#58
Problem is Gorsuch and Kavanaugh as I am willing to bet Trump will call in some markers if it gets
cstanleytech
Feb 2019
#70
"When I say 'He should be bludgeoned over the head with a thick piece
struggle4progress
Feb 2019
#77