KAREN NELSON MOORE, Circuit Judge, dissenting. When Ricky Dale Railey (“Railey”) was prosecuted in Kentucky state court, the judge who presided over Railey’s case was the nephew of the county prosecutor. George Barry Bertram, the county prosecutor (“Prosecutor Bertram”), personally participated in two hearings in Railey’s case before Marion County Circuit Judge Allen Ray Bertram (“Judge Bertram”); the first he…
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