Q: Is due process violated when only two judges sit on an appeals case, given the customary number is three?
The 6th Circuit US Court of Appeals employs a three judge panel to hear all appeals, both criminal and civil. What if one of the judges was so sick, he could not understand the proceedings, leaving effectively only two judges? Since everybody else is given three judges, is this a violation of due process?
A: Generally, NO. I assume the absent judge will be at the conference meeting where they usually discuss the case(s) and vote. So I don't see any violation of due process.
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