No. 18-9008

Emem Ufot Udoh v. Minnesota

Lower Court: Minnesota
Docketed: 2019-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bias due-process evidentiary-facts in-re-murchison judicial-bias post-conviction-relief recusal rippo-v-baker williams-v-pennsylvania
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2019-05-30
Question Presented (AI Summary)

Whether there is an impermissible risk of actual bias, likelihood of bias, appearance of bias, or unconstitutional potential for bias on the issue of witness recantation

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Question One: Whether under the Due Process Clause, there is an impermissible risk of actual bias, likelihood of bias on the part of a trial judge too high to be constitutionally tolerable, appearance of bias, or unconstitutional potential for bias on the issue of witness recantation, when said trial judge earlier had a significant, personal involvement in critical trial ; decisions regarding Petitioner’s case in 2014 that amounts to personal knowledge of disputed evidentiary facts to now be the decision maker in the . same case, adjudicating the same question, based on the same facts in a later application for state post-conviction relief in light of Williams v. Pennsylvania, 136 S. Ct. 1899 (2016); In re Murchison, 349 U.S. 133 (1955)? 2. Question Two: Whether under the Due Process Clause, the lower court applied the wrong legal standard to Petitioner’s recusal motion in light of this Court precedents in Williams v. Pennsylvania, 579 U.S. __, 186 S. Ct. 1899 (2016); Rippo v. Baker, 137 S. Ct. 905 (2017) holding that the proper inquiry is whether “the risk of bias [is] too high to be constitutionally tolerable.”? ' Udoh

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-07
Waiver of right of respondent State of Minnesota to respond filed.
2019-04-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2019)

Attorneys

Emem Ufot Udoh
Emem Ufot Udoh — Petitioner
Emem Ufot Udoh — Petitioner
State of Minnesota
Jonathan P. SchmidtHennepin County Attorney's Office, Respondent
Jonathan P. SchmidtHennepin County Attorney's Office, Respondent