Key legal question
Whether the prior participation of two judges in an earlier related case required recusal or revision.
Extracted holding
No objective ground for recusal or revision existed merely because two judges had participated in the earlier case; the later issues were not identical and Art. 34(2) LTF excludes participation in a prior federal proceeding as such a ground.
Extracted reasoning
The court held that the legal questions in the two proceedings were not the same, so the outcome of the later case was not predetermined. The applicant identified no other objective circumstance suggesting bias.