Brandon Green v. United States
DueProcess JusticiabilityDoctri
Whether a federal district judge's refusal to recuse himself after making prejudicial statements, displaying hostility toward a pro se defendant, and terminating a hearing violates due process and federal recusal statutes
1. Whether a federal district judge's refusal to recuse himself after making statements prejudging the merits of ineffective assistance claims, displaying hostility toward a pro se defendant, and terminating a hearing while the defendant was speaking violates due process and the federal recusalstatutes, 28 U.S.C. §§ 144 and 455. 2. Whether a district court's refusal to hear ineffective assistance of counsel claims prior to sentencing, despite initially agreeing to do so, violates a defendant's Sixth Amendment right to effective assistance of counsel and Fifth Amendment right to due process. 3. Whether a district court violates a defendant's Sixth Amendment right to self-representation by failing to honor explicit requests to proceed pro se after initially granting hybrid representation. 4. Whether a district court's multiple erroneous factual determinations, including but not limited to, mischaracterizing the location and disposition of a critical traffic stop, misstating evidence about firearms and drug distribution, and making unsupported findings about physical evidence, constitute a due process violation when those errors formed the basis for crucial pretrial, trial, and sentencing decisions.