District Judge Amanda Brailsford of the U.S. District Court for the District of Idaho. Photo: Diego M. Radzinschi/ALM 'Clear Abuse of Discretion': 9th Circuit Says Judge Should Have Recused From Death Row Inmate's Lawsuit
"There is no reason for Judge Brailsford to subject herself to the very human pressures that arise out of sitting in judgment in cases involving people we know and value as friends," the U.S. Court of Appeals for the Ninth Circuit held.
October 17, 2024 at 03:03 PM
4 minute read
U.S. District Judge Amanda Brailsford should have recused from a death row inmate's lawsuit over alleged prosecutorial misconduct due to the Idaho judge's friendship with a prosecutor named in the complaint, a federal appeals court ruled Wednesday.
The U.S. Court of Appeals for the Ninth Circuit said Brailsford "committed a clear abuse of discretion" by not recusing from Thomas Creech's lawsuit, which claims the Ada County Prosecutor's Office introduced tampered-with evidence in opposing his clemency petition at a hearing before the Idaho Commission of Pardons and Parole.
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