Berger v. United States
| Berger v. United States | |
|---|---|
 | |
| Argued December 9, 1920 Decided January 31, 1921 | |
| Full case name | Berger v. United States |
| Citations | 255 U.S. 22 (more) |
| Court membership | |
| |
| Case opinions | |
| Majority | McKenna, joined by White, Holmes, Devanter, Brandeis, Clarke |
| Dissent | Day, joined by Pitney |
| Dissent | McReynolds |
| Laws applied | |
Berger v. United States, 255 U.S. 22 (1921), is a
Opinion
The case was argued on December 9, 1920, and decided on January 31, 1921, with an opinion by Justice Joseph McKenna and dissents by Justices William R. Day, James Clark McReynolds, and Mahlon Pitney.[1] The Supreme Court held that Judge Landis was properly disqualified as trial judge based on an affidavit filed by the German defendants asserting that Judge Landis' public anti-German statements should disqualify him from presiding over the trial of the defendants.[2] The Berger test states that to disqualify a judge:
1) a party files an affidavit claiming personal bias or prejudice demonstrating an "objectionable inclination or disposition of the judge" and 2) claim of bias is based on facts antedating the trial.[2]
Subsequent developments
The
References
- ^ Berger v. United States, 255 U.S. 22 (1921)
- ^ a b Blanck, Peter David (Spring 1996). "The Appearance of Justice Revisited". The Journal of Criminal Law and Criminology. 86 (3): 905–906.
- ^ Farrell, Jason (March 17, 2015). "The Espionage Act and the 'Golden Key' to Stop the State". Center for a Stateless Society.
- ^ Stevens, Michael E. "Victor L. Berger". Encyclopedia of Milwaukee. Retrieved February 5, 2018.
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