Fuller's failure to rule on withdrawal thus prompted last week's Scrushy filing, which said: "The recusal motion was based on three grounds: the fact that the Chief Judge is a material witness to the facts concerning an ex parte meeting in early April 2007, which is at issue in Defendant's pending new trial motion; that the Chief Judge has personal knowledge of contested facts as a result of that meeting; and that the Chief Judge's conduct raises grave questions as to his impartiality and the appearance of that impartiality."
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