No. 24-6767

Brandon Green v. United States

Lower Court: Second Circuit
Docketed: 2025-03-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process ineffective-assistance judicial-recusal pro-se-defendant sixth-amendment
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2025-04-17
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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.

Docket Entries

2025-04-21
Petition DENIED.
2025-03-27
DISTRIBUTED for Conference of 4/17/2025.
2025-03-21
Waiver of United States of right to respond submitted.
2025-03-21
Waiver of right of respondent United States to respond filed.
2024-12-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 14, 2025)
2024-11-01
Application (24A425) granted by Justice Sotomayor extending the time to file until January 6, 2025.
2024-10-26
Application (24A425) to extend the time to file a petition for a writ of certiorari from November 6, 2024 to January 5, 2025, submitted to Justice Sotomayor.

Attorneys

Brandon Green
Brandon Green — Petitioner
Brandon Green — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent