Suh v. Pierce

Federal 7th Circuit Court
Criminal Court
Due Process
Citation
Case Number: 
No. 09-3946
Decision Date: 
January 18, 2011
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant's habeas petition challenging his murder conviction on grounds that trial judge held bias against defendant arising out of undisclosed personal relationship that trial judge had with relative of murder victim. Defendant failed to establish any actual bias where trial judge testified that, although he was acquainted with another trial court judge, who was uncle of murder victim, he was unaware at time of defendant's trial that said trial court judge was relative of murder victim. Moreover, Ct. rejected defendant's claim that due process required that he receive new trial in absence of any possibility of actual bias on part of trial judge where reasonable outside observer might have thought that said trial judge held bias against defendant because of potential relationship with relative of crime victim.