No. 19-8631

Claude Simpson v. United States

Lower Court: Fourth Circuit
Docketed: 2020-06-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-impartiality judicial-recusal personal-bias plea-agreement
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Is it an abuse of discretion if a Judge does not recuse himself from presiding over a hearing in which a reasonable person would have a reasonable basis for questioning the Judge's impartiality because of personal bias or prejudice concerning a party, and/or personal knowledge of disputed evidentiary facts concerning the. proceeding?

2. Can a Judge accept a plea agreement regarding a defendant that the Judge harbors a personal bias or prejudice towards; and/or does the nature of the decision that the Judge presiding over the hearing is making, negate the recusal statute 28 U.S.C. 455 subsection (b) ?.

3. Is having Judge Coggins preside over this case consistent with the due process clause of the Fifth Amendment?

4. Did Claude Simpson receive ineffective assistance of counsel that caused him to involuntarily enter into a plea agreement and involuntarily plead guilty?

Question Presented (AI Summary)

Is it an abuse of discretion for a judge to not recuse themselves due to personal bias or prejudice?

Docket Entries

2020-10-05
Petition DENIED.
2020-06-18
DISTRIBUTED for Conference of 9/29/2020.
2020-06-11
Waiver of right of respondent United States to respond filed.
2020-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2020)

Attorneys

Claude Simpson
Claude Simpson — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent