Percy Anderson (judge) - Controversy

Controversy

In 2006, Anderson was removed from a wrongful conviction lawsuit case by the United States Court of Appeals for the Ninth Circuit. Lawyers for the plaintiff, a man who had spent twelve years in prison on a rape conviction but was later cleared by DNA evidence, had complained that Anderson was biased against the plaintiff. On the day Anderson declared a mistrial (due to a deadlocked jury), a three judge panel from the Ninth Circuit ruled that due to Anderson's actions during the case his "impartiality might be questioned" and that the case should be expediently retried before another judge.

In 2008, the Ninth Circuit overturned a trial Anderson presided over, ruling that Anderson should have disqualified himself due to his stock holdings in a corporation alleged to be a part of fraudulent business activities in the case.

In a 2011 Los Angeles Times article, Anderson was criticized for extensive delays in reviewing writs of habeas corpus. In particular, Anderson is alleged to refuse to rule upon writs in which junior judicial officials have found merit to a finding in favor of prisoner release; three cases have "languished unattended" in "years-long inaction"—these three cases waiting five years or more for rulings from Anderson. Legal experts have said that the delays are "highly unusual" and critics have asserted that Anderson's handling of these cases is concerning and may warrant a misconduct inquiry.

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