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Peter J. Strauss v. United States District Court for the District of South Carolina

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 23-2312 · judgment April 26, 2024


Certiorari denied · January 13, 2025
Pre-decision estimate: 2% cert probability

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

Question presented

Must a district court judge recuse himself in a criminal case pursuant to 28 U.S.C. §§144 and 455 when provided a timely and sufficient expert affidavit required by 28 U.S.C. §144 and after the judge had become an adverse witness to the said criminal defendant attorney by wrongfully reporting him to the state’s ethics commission for invoking his Fifth Amendment rights in violation of U.S. Supreme Court precedent in a prior civil proceeding, both circumstances of which would lead an objective observer to reasonably question the judge’s impartiality?

Counsel of record

For petitioner
Joseph Parkwood Griffith Jr.
Joe Griffith Law Firm, LLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
24A280

Proceedings

  1. Jan 13 2025
    Petition DENIED.
  2. Dec 18 2024
    DISTRIBUTED for Conference of 1/10/2025.
  3. Dec 09 2024
    Waiver of right of respondent United States to respond filed.
  4. Nov 25 2024
    Petition for a writ of certiorari filed. (Response due December 27, 2024)
  5. Sep 20 2024
    Application (24A280) granted by The Chief Justice extending the time to file until November 29, 2024.
  6. Sep 17 2024
    Application (24A280) to extend the time to file a petition for a writ of certiorari from September 30, 2024 to November 29, 2024, submitted to The Chief Justice.