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Valerie Jackson v. Lupe Valdez, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-10344 · judgment May 18, 2021


Certiorari denied · January 18, 2022
Pre-decision estimate: 3% cert probability

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

Question presented

Whether a district court may disregard this Court’s precedent and the plain language of 28 U.S.C. § 144, review and rebut the merits of an affidavit submitted in support of a motion to recuse, and refuse to recuse. Whether, in a case addressing the violation of an individual’s civil rights, a presiding judge’s impartiality might reasonably be questioned under 28 U.S.C. § 455 when the judge has previously advocated against the civil rights of the entire class of citizens of which the individual is a member. Whether a Circuit Court of Appeals may issue a Substituted Opinion in a case after the mandate should have issued in relation to its Original Opinion and after its jurisdiction has terminated.

Counsel of record

For petitioner
Sean Reed Cox
Law Offices of Sean R. Cox

For respondent
Chong-hui Choe
Dallas County District Attorney's Office-Civil Division

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 18 2022
    Petition DENIED.
  2. Dec 29 2021
    DISTRIBUTED for Conference of 1/14/2022.
  3. Dec 28 2021
    Reply of petitioner Valerie Jackson filed. (Distributed)
  4. Dec 15 2021
    Brief of respondents Lupe Valdez, et al. in opposition filed.
  5. Nov 10 2021
    Petition for a writ of certiorari filed. (Response due December 15, 2021)