History
  • No items yet
midpage
State v. Hassett
0005011315
| Del. Super. Ct. | May 30, 2017
|
Check Treatment

*1

SUPERIOR COURT OF THE STATE OF DELAWARE

RICHARD F. STOKES JUDGE

SUSSEX COUNTY COURTHOUSE 1 THE CIRCLE, SUITE 2 GEORGETOWN, DE 19947 TELEPHONE (302) 856-5264

May 30, 2017

Robert W. Hassett SBI # 337363 James T. Vaugh Correctional Center 1181 Paddock Road Smyrna, Delaware 19977 RE: State of Delaware v. Robert W. Hassett, Case ID# 0005011315

Dear Mr. Hassett: In the interest of clarity, the Court elaborates upon the denial of your Motion for Recusal. The standard to be applied when a judge is accused of personal bias was set out in the Supreme Court case Los v. Los. The Court stated,

When faced with a claim of personal bias or prejudice under Canon 3 C ( 1 ) the judge is required to engage in a two-part analysis. First, he must, as a matter of subjective belief, be satisfied that he can proceed to hear the case free of bias or prejudice concerning that party. Second, even if the judge believes that he has no bias, situations may arise where, actual bias aside, there is the appearance of bias sufficient to cause doubt as to the judge's impartiality. [1]

I am satisfied that no personal bias or prejudice interfered with this case. I have no bias of any kind or animosity toward you. All information regarding this case was learned through

*2 my role as a judge. Further, there was no appearance of bias in this case sufficient to cast doubt upon my impartiality. Thus, this Motion to Recuse is frivolous; and, therefore, was DENIED.

IT IS SO ORDERED.

cc: Prothonotary's Office David Hume, Esq.

NOTES

1 Los v. Los, 595 A.2d 381, 384-85 (Del. 1991)(internal citations omitted).

Case Details

Case Name: State v. Hassett
Court Name: Superior Court of Delaware
Date Published: May 30, 2017
Docket Number: 0005011315
Court Abbreviation: Del. Super. Ct.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.