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Heena Shim-Larkin v. United States District Court for the Southern District of New York

IFP petition · United States Court of Appeals for the Second Circuit, No. 20-4254 · judgment April 7, 2021


Certiorari denied · October 4, 2021

Questions presented

  1. The Seventh Circuit Court of Appeal's criticism regarding the infamous Chicago 7 trial includes that “in comparable situations, the judge was more likely to exercise his discretion against the defense than against the government.”; and “the court made rulings which were, comparatively, more restrictive against the defense than the government.” Since the time of that trial, in the 1970s, American jurisprudence, including 28 U.S.C. § 455 in 1974, adopted an objective standard of recusal. Given such history, if a judge makes rulings more restrictive against one party than the other in comparable situations, does such judge must be disqualified under 28 U.S.C. §455?

  2. If a judge makes rulings more restrictive against pro se party than attorneys in comparable situations, does it aggravate the level of favoritism enough to require the judge's recusal under 28 U.S.C. § 455 and grant of mandamus appeal?

  3. When a party reasonably has brought errors to the attention of a judge, if the judge reacts as certifying that an appeal would not be taken in good faith under 28 U.S.C. § 1915(a)(3), instead of correcting the errors, does it demonstrate that the judge took it as a personal attack and display the judge's inability to render fair judgment, which requires recusal?

Counsel of record

For petitioner
Heena Shim

For respondent
Anna Gottilieb
New York City Law Department

Case

Conference history
Distributed for 1 conference

Linked docket
20A178

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 15 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 14 2021
    Application (20A178) denied by Justice Sotomayor.
  4. Jun 21 2021
    Waiver of right of respondent City of New York to respond filed.
  5. Jun 11 2021
    Application (20A178) for a stay, submitted to Justice Sotomayor.
  6. May 24 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2021)