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