DueProcess HabeasCorpus JusticiabilityDoctri
1. Does the Due Process Clause require the recusal of a trial judge when a conflict of interest arises from their participation in an earlier proceeding tried before them?
2. Does the Caperton standard for judicial recusal apply concerning "conflict arising from their participation in an earlier proceeding," whereby the trial judge use to be the murder victim's foster care judge just three years before the murder trial?
3. Are the recusal standards, voluntarily adopted by a State, which uses mandatory language, and happens to be more rigorous than the Due Process Clause, and made a part of the State's Code of Judicial Conduct, mandatory or advisory and discretionary? Also, does a violation of the Canons under the State's Code of Judicial Conduct make the judgment void, or is it an error that is merely voidable?
4. For the Murchison standard of Due Process, does a former foster care judge have a continued interest in the wellbeing of a child who spent years in foster care under that judge's direct authority, for which continued interest would later preclude that former foster care judge from being the trial judge in a murder case where that person is the victim?
5. Does the State court's continued reliance on State court precedent, whereby the moving party must prove "actual bias" conflict with this Court and the State's highest court under a civil filing which recognized a court's inherent equity power to entertain such filings?
6. Is Due Process violated when a reviewing court refused to file a motion to vacate as an independent civil action, but instead filed it as part of the original criminal record?
7. Does a failure to provide a standard of review specifying what type of fraud or level of fraud is required for a Petitioner to establish "extrinsic fraud" deprive the Petitioner of equitable Due Process?
8. Is a Petitioner denied equitable relief when a reviewing court is allowed to use a prior judgment, made before the disclosure (or discovery) of fraud, to declare that the Petitioner was not negatively impacted by the fraud?
9. Does the withholding of a Defendant's case file from the Defendant beyond the time to file a petition for habeas excuse the Defendant from "fault or neglect" in failing to present the facts for judicial recusal at trial, direct appeal and habeas review?
Due-process-recusal