Ian Aulden Campbell v. Donald W. Stephens

It is clearly established federal constitutional law that the Due Process Clause of the Fourteenth Amendment applies at state-created post-conviction procedures. Pennsylvania v. Finley, 481 U.S. 551, 107 S.Ct. 1990, 95 L.Ed.2d 539 (1987). An impartial judge is at the very core of the process that is due to all criminal defendants who file a post-conviction motion seeking a new trial on the grounds of ineffective assistance of counsel. The Question Presented is WHETHER THE FOURTH CIRCUIT ERRED IN AFFIRMING THE DISTRICT COURT’S DECISION THAT PETITIONER’S CLAIM OF THE LACK OF AN IMPARTIAL JUDGE TO CONSIDER HIS POST-CONVICTION MOTION SEEKING A NEW TRIAL, RAISED IN A 42 U.S.C. § 1983 ACTION, WAS FRIVOLOUS AND FAILED TO STATE A CLAIM UPON WHICH RELIEF COULD BE GRANTED.