Alston v. Smith

Dist. Ct. did not err in denying defendant’s habeas petition, alleging that ALJ denied defendant his due process rights by revoking defendant’s probation, where, according to defendant, ALJ was biased against him for having attended seminar that provided details surrounding defendant’s participation in Special Investigation Unit program that included probationers whom law enforcement identified as serious, assaultive offenders. State courts could properly find that ALJ was not biased in fact, and that her attendance at seminar did not create risk of bias, where members of legal community regularly attend seminars, and where details of defendant’s case were not discussed during seminar. Ct. rejected defendant’s argument that state courts were required to make separate findings that ALJ was not biased with respect to issues regarding his violation of condition of probation, as well as determination that revocation of probation was appropriate sanction.