MICHAEL DAMON RIPPO, PETITIONER v. RENEE BAKER, WARDEN
Supreme Court of the United States, Per Curiam, March 6, 2017,
Recusal- A defendant seeking recusal of a judge doesn’t need to show actual bias on the part of the judge; an unreasonably high likelihood of bias is enough.

A defendant requested a new trial where the judge was being investigated by the same prosecutor that was prosecuting him. For some reason, that made him… more inclined to convict?

Facts
A defendant requested a new trial where the judge was being investigated by the same prosecutor that was prosecuting him.
The Nevada Supreme Court held that because the defendant didn’t prove actual bias, he didn’t have a right to demand recusal.
Law from the Case
Held: Actual bias isn’t required.

Recusal- Recusal is required when, objectively speaking, “the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.”