On Saturday, August 16, 2025, WLTX reported that the Fourth Circuit Court of Appeals denied a request from Dylann Roof to remove South Carolina Federal Judge Richard M. Gergel from his case.
Roof, who was convicted for the 2015 shooting that killed nine Black churchgoers at a Charleston, South Carolina, church, sought a writ of mandamus to challenge the judge’s continued involvement as he attempts to overturn his conviction and death sentence.
In his petition, Roof claimed that Judge Gergel exhibited bias against him during the original trial proceedings. However, a three-judge panel ruled that Roof’s request did not satisfy the legal requirements necessary for such an extraordinary court action. Mandamus is typically granted only when there are no alternative avenues for relief, a clear right to relief is evident, and the court deems it suitable under the circumstances.
The court found that Roof’s allegations against Judge Gergel were largely based on hearsay and lacked substantial evidence to prove bias. The panel noted that even if the judge held negative views about Roof, those opinions, formed through the trial process, would not justify recusal.
Additionally, the court emphasized that Roof still has other legal options available, including the right to appeal if his petition to overturn the conviction is denied. While the case involves the death penalty, the court indicated that this factor alone does not automatically warrant the use of mandamus.
Ultimately, the panel declined Roof’s request to remove Judge Gergel.
Source: WLTX
