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Randy Holkesvig v. North Dakota

Paid petition · Supreme Court of North Dakota, No. 20170266, 20170267 · judgment January 22, 2018


Certiorari denied · October 1, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The U.S. Supreme Court set forth an objective standard that is applicable to this Writ of Certiorari that requires a recusal when the likelihood of bias on the part of the judge "is too high to be constitutionally tolerable." Caperton v. A.T Massey Coal Co., 556 U.S. 868, 872 (2009) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)). The U.S. Supreme Court recently stated on 6-9-16 in Williams v. Pennsylvania, 136 S.Ct. 1899 (2016) that "there is an impermissible of risk of bias that violates the Due Process Clause of the Fourteenth Amendment when a judge was previously involved in the case as a prosecutor who participated in crucial decisions about the case." The U.S. Supreme Court left uncertainty open and has yet to decide whether bias is applicable to due process when District Court Judges and State Supreme Court Justices intentionally refuse to recuse, withdraw, disqualify and declined to address issues raised and retaliated by taking oppressive action and extraordinary measures to cover up and protect illicit acts committed by prosecutors and executives in a post-conviction relief application. They issued frivolous rulings, meritless oiders and retaliatory opinions in violation of the 1st, 5th and 14th Amendments of the U.S. Constitution and maliciously violated the Oath of Office. The question is; "Whether District Court Judges and State Supreme Court Justices can refuse to recuse in violation of Williams v. Pennsylvania, supra, and Caperton v. A.T Massey Coal Co., supra," by issuing biased,

Counsel of record

For petitioner
Randy Holkesvig

For respondent
Haley Wamstad
Grand Forks County State Attorney's Office

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 19 2018
    Rehearing DENIED.
  2. Oct 31 2018
    DISTRIBUTED for Conference of 11/16/2018.
  3. Oct 26 2018
    Petition for Rehearing filed.
  4. Oct 01 2018
    Petition DENIED.
  5. Jul 03 2018
    DISTRIBUTED for Conference of 9/24/2018.
  6. Jun 18 2018
    Waiver of right of respondent North Dakota to respond filed.
  7. May 23 2018
    Petition for a writ of certiorari filed. (Response due June 28, 2018)