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Richard Fine 9th Circuit Habeas Opinion

Richard Fine 9th Circuit Habeas Opinion

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Published by Judgebusters
No. 09-56073
D.C. No. 2:09-cv-01914-JFW-CW
Central District of California,
Los Angeles
ORDER
Before: REINHARDT, TROTT and WARDLAW, Circuit Judges.
Richard Fine requests that this panel vacate its December 16, 2009, decision
affirming the district court’s denial of his petition for habeas corpus. Fine asserts
that new information undermines our prior decision.
We affirmed the district court’s conclusion that the state court’s contempt
finding was not “contrary to,” and did not “involve[] an unreasonable application
of, clearly established Federal law,” 28 U.S.C. § 2254(d)(1), because Judge Yaffe’s
refusal to recuse himself did not present a “probability of actual bias . . . too high to
be constitutionally tolerable,” Caperton v. A. T. Massey Coal Co., Inc., 129 S. Ct.
2252, 2257 (2009) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)). Nothing
FILED
AUG 19 2010
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
Case: 09-56073 08/19/2010 Page: 1 of 2 ID: 7445650 DktEntry: 75
alleged in Fine’s current petition demonstrates that a constitutionally intolerable
probability of actual bias existed.
Therefore, the petition to vacate the panel’s December 16, 2009, decision is
DENIED.
No. 09-56073
D.C. No. 2:09-cv-01914-JFW-CW
Central District of California,
Los Angeles
ORDER
Before: REINHARDT, TROTT and WARDLAW, Circuit Judges.
Richard Fine requests that this panel vacate its December 16, 2009, decision
affirming the district court’s denial of his petition for habeas corpus. Fine asserts
that new information undermines our prior decision.
We affirmed the district court’s conclusion that the state court’s contempt
finding was not “contrary to,” and did not “involve[] an unreasonable application
of, clearly established Federal law,” 28 U.S.C. § 2254(d)(1), because Judge Yaffe’s
refusal to recuse himself did not present a “probability of actual bias . . . too high to
be constitutionally tolerable,” Caperton v. A. T. Massey Coal Co., Inc., 129 S. Ct.
2252, 2257 (2009) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)). Nothing
FILED
AUG 19 2010
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
Case: 09-56073 08/19/2010 Page: 1 of 2 ID: 7445650 DktEntry: 75
alleged in Fine’s current petition demonstrates that a constitutionally intolerable
probability of actual bias existed.
Therefore, the petition to vacate the panel’s December 16, 2009, decision is
DENIED.

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Published by: Judgebusters on May 21, 2011
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UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUITRICHARD I. FINE,Petitioner - Appellant,v.SHERIFF OF LOS ANGELES COUNTY;et al.,Respondents - Appellees. No. 09-56073D.C. No. 2:09-cv-01914-JFW-CWCentral District of California,Los AngelesORDER Before: REINHARDT, TROTT and WARDLAW, Circuit Judges.Richard Fine requests that this panel vacate its December 16, 2009, decisionaffirming the district court’s denial of his petition for habeas corpus. Fine assertsthat new information undermines our prior decision.We affirmed the district court’s conclusion that the state court’s contemptfinding was not “contrary to,” and did not “involve[] an unreasonable applicationof, clearly established Federal law,” 28 U.S.C. § 2254(d)(1), because Judge Yaffe’srefusal to recuse himself did not present a “probability of actual bias . . . too high to be constitutionally tolerable,”
Caperton v. A. T. Massey Coal Co., Inc.
, 129 S. Ct.2252, 2257 (2009) (quoting
Withrow v. Larkin
, 421 U.S. 35, 47 (1975)). Nothing
FILED
 AUG 19 2010
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
Case: 09-56073 08/19/2010 Page: 1 of 2 ID: 7445650 DktEntry: 75

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