No. 18-7951

Cornell Winfrei McClure v. United States

Lower Court: Fourth Circuit
Docketed: 2019-02-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2255-motion bench-trial due-process impartiality ineffective-assistance ineffective-assistance-of-counsel judicial-recusal sua-sponte waiver-of-jury-trial
Key Terms:
HabeasCorpus
Latest Conference: 2019-03-22
Question Presented (from Petition)

1. Should a judge recuse ones self from reviewing a motion that is challeging their rulings made during a bench trial?

2. Is it ineffective assistance of cousel if defense counsel fails to give the Government Notice Of Alibi?

3. In cases where a defendant have waived a jury for a bench trial, should a judge - who was previously the fact-finder who found the defendant guilty - recuse theirself, sua sponte, from reviewing the defendant's 2255 motion, if the defendant is challeging the bench trial rulings the judge made - in his 2255 Motion?

4. Should a judge be allowed to defend their rulings made during a bench trial, when reviewing a defendant's 2255 motion, or recuse ones self - sua sponte - to avoid their impartiality coming into question?

Question Presented (AI Summary)

Should a judge recuse themselves from reviewing a motion challenging their rulings made during a bench trial?

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-27
Waiver of right of respondent United States to respond filed.
2019-01-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2019)

Attorneys

Cornell W. McClure
Cornell W. McClure — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent