Nebraska, ex rel. Timothy L. Ashford, P.C. L.L.O., et al. v. Donald Kleine, et al.

Whether the Nebraska Supreme Court has decided an important question of constitutional law that has not been, but should be, settled by this Court which is prosecutorial recusal? Whether the court erred and Petitioner African American Attorney has standing to petition the court to appoint a special prosecutor when there is a conflict of interest with the Respondent Douglas County Attorney because Petitioner has filed numerous racial discrimination cases asserting Petitioner’s personal rights against Douglas County? Whether the Appellant violates 42 U.S.C. § 1983 by refusing to file crimes committed against blacks and refuses to recuse himself when he has a conflict? Whether an attorney has standing and a right to an unbiased prosecutor and can petition the court for a special prosecutor because of a conflict of interest? Whether due process requires this court adopt the standard in the Caperton case for prosecutorial recusal that objective standards may also require prosecutorial recusal whether or not actual bias exists or can be proven?