Justice Kennedy was emphatic on this stage: “It does not make a difference whether the disqualified judge’s vote was needed to the disposition of the case. The truth that the intrigued decide’s vote wasn't dispositive may suggest only the decide was prosperous in persuading most customers in the courtroom to simply accept his / her placement — an consequence that doesn't lessen the unfairness into the afflicted occasion.”
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Third and most significant, Justice Kennedy discovered to the court docket the failure of the objectively biased decide to recuse him- or herself is not really “harmless error” just because the biased choose’s vote is just not seemingly determinative within the vote of a panel of judges.
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