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Frank Romero v. Corey Fhuere, Superintendent, Oregon State Penitentiary
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-6328 · judgment March 11, 2025
Question presented
FIRST QUESTION: Does a State violate the Constitutional Rights of an American citizen under the Sixth and Fourteenth Amendments that guarantees a fair and impartial jury trial when the United States Constitution guarantees a Defendant to be tried by an impartial and disinterested non-biased judge? SECOND QUESTION: Was Petitioner denied the right to effective assistance of counsel under the Sixth and Fourteenth Amendments to the United States Constitution when it was discovered that the District Attorney handling the case was the judge’s son and the judge failed to recuse himself as required under Oregon law, failed to abide by Oregon’s Code of Judicial Conduct pursuant to Rule 3.10 mandating disqualification, and trial counsel failed to object to the judge failing to recuse himself, which affected the outcome of the trial? Page 2 of 10 - Petion for Writ of Certiorari Frank Romero, SID# 10024348 LIS I OF PARTIES All parties appear in the caption of the case on the cover page.
Counsel of record
For petitioner
Frank Romero
For respondent
Paul L. Smith
Oregon Department of Justice - Appellate Division
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 19, 2026 · Certiorari denied
Proceedings
- Oct 19 2026Petition DENIED.
- Oct 01 2026DISTRIBUTED for Conference of 10/16/2026.
- Sep 23 2026Waiver of right of respondent Fhuere, Supt., OR to respond filed.
- May 29 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2026)