No. 18-5020

In Re Lewis Brown

Lower Court: N/A
Docketed: 2018-06-28
Status: Dismissed
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-violation due-process harmless-error judicial-bias judicial-impartiality judicial-recusal prosecutorial-misconduct recusal standard-of-review structural-error
Key Terms:
DueProcess
Latest Conference: 2018-11-30 (distributed 2 times)
Question Presented (AI Summary)

Whether a judge who is named as an adverse party opponent is prohibited from presiding over the proceedings in which he is a defendant, and whether the failure to recuse in such circumstances constitutes structural error

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) Is an individual, who is named an adverse party opponent, allowed to sit as a Judge over the very Proceeding in oe , which he is named a defendant, or is he prohibited by law, ) . , statute, and the Constitution? . (2) If an adverse party opponent sits as a Judge over the proceedings in which he is named a defendant, refused to recuse himself, and rules in said proceedings, does this constitute structural error, which is not subjected to harmless error review? : (3) Did the Sixth Circuit Court of Appeals err in using the. incorrect standard of review in matters concerning a Judge, who , was a former prosecutor, and possibly could have made important decisions or contributions in the Petitioner's case by not applying the objective bias standard of review as dictated by this United States Supreme Court's precedence?

Docket Entries

2018-12-03
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED. Justice Kagan took no part in the consideration or decision of this motion.
2018-11-07
Motion DISTRIBUTED for Conference of 11/30/2018.
2018-10-25
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2018-10-01
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus/prohibition is dismissed. See Rule 39.8. Justice Kagan took no part in the consideration or decision of this petition.
2018-07-12
DISTRIBUTED for Conference of 9/24/2018.
2018-07-10
Waiver of right of respondent UNITED STATES to respond filed.
2018-03-15
Petition for a writ of mandamus and/or prohibition and motion for leave to proceed in forma pauperis filed. (Response due July 30, 2018)

Attorneys

Lewis Brown
Lewis Brown — Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent