No. 23-5577

Brent Allen Morris v. Oklahoma

Lower Court: Oklahoma
Docketed: 2023-09-14
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-appeal due-process fair-trial federal-procedure habeas-corpus judicial-bias judicial-misconduct post-conviction standing
Latest Conference: 2023-11-17
Question Presented (from Petition)

Whether the Fourteenth Amendment requires judges to disclose and disqualify at all stages of a criminal proceeding, including collateral appellate proceedings, when: (1) extreme facts are present which would allow a party to reasonably question the trial and post-conviction judges' impartiality; and/or (2) the extreme facts present an unconstitutional risk of or appearance of judicial bias at both the trial and post-conviction appellate stages?

Whether Article III courts sitting in habeas to review a state court conviction owe deference under the AEDPA when it is established the presiding judge had an undisclosed and disqualifying unconstitutional risk and appearance of bias?

Whether there is an exception to waiver of claims when a party's waiver is not voluntary, e.g., after demanding their trial and/or appellate attorney make certain and nonfrivolous challenges to a judge, prosecutor, or fellow attorney when the challenged party's participation in those proceedings presents an issue of per se structural error, but their attorney refuses because challenges of a judge's impartiality, against a prosecutor, and/or against a fellow attorney are highly disfavored and often come with consequences of retaliation that can negatively affect that attorney's other clients, cases, and income?

Question Presented (AI Summary)

Whether the petitioner was denied due process and a fair trial due to judicial bias and misconduct

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2023)

Attorneys

Brent A. Morris
Brent Allen Morris — Petitioner