No. 24-6580

Darrell Smith v. United States

Lower Court: Eighth Circuit
Docketed: 2025-02-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-violations criminal-procedure due-process federal-jurisdiction judicial-ethics judicial-recusal
Key Terms:
HabeasCorpus
Latest Conference: 2025-03-21
Question Presented (AI Summary)

Whether a federal judge should have recused himself under 28 U.S.C. §455(b)(2) due to prior involvement in creating the financial problems underlying the criminal prosecution

Question Presented (from Petition)

x.-Should not a Judge have recused himself, reference 2 8 U,S.C* §455 (b)(2)» from prosecutions and sentencing of the Petitioner, and his Companies., when, five year prior to prosecution, in 2011/2012 , his actions, as an attorney, created or helped to create, the very financial problems for which the Petitioner was eventually charged for allegedly committing in 2011/2012? 2. Should not the Eighth Circuit Court of Appeals have allowed Smith's recusal argument to be heard, issuing a Certificate of Appealability when they were supplied with undeniable proof that the Judge which sentenced the Petitioner, created, or helped create, the very financial problems for which the Petitioner was eventually charged for allegedly committing in 2011/2012, a C.O.A. being issued in accordance with Hohn v. U.S. 524 U.S. 236, 141 L.Ed. 2d 242, 118 S.Ct. 1969, Case 96-8986 (1998)? (ii)

Docket Entries

2025-03-24
Petition DENIED.
2025-02-27
DISTRIBUTED for Conference of 3/21/2025.
2025-02-25
Waiver of United States of right to respond submitted.
2025-02-25
Waiver of right of respondent United States to respond filed.
2025-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2025)

Attorneys

Darrell Smith
Darrell Smith — Petitioner
Darrell Smith — Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent