On Wednesday, December 28, 2022, the Judicial Council of the Eighth Circuit denied the Petition for Review of an Order dismissing the complaint, with case no. 08-22-90085, against a U.S. District Judge for allegedly acting with bias and unfairly in a proceeding.
The Judicial complaint alleged that the respondent while presiding over the inmate’s (Complainant) case, “acted with bias, prejudice, and a partial state of mind by substantial assistance to the government in prosecuting the instant case against the complainant and other defendants thereby violating their constitutional rights.
The filing states:
“According to the judicial complaint, the indictment “failed to properly inform the complainant of the federal charges to which he must defend.” The judicial complaint further alleges that the jury instructions were completely devoid of the charge to the jury for element number two Thejudicial complaint claims that “the omission of the charge”
The filing continues:
“The judicial complaint claims that “the omission of the charge for element number two [in the jury instructions] was perhaps maliciously and purposely omitted.” The judicial complaint concludes that “this deliberate act of omitting a crucial and most essential elements charge and or explaining to the jury of what conduct was either needed and or performed by any defendants” demonstrates that there was “absolutely no way for the jury to determine that the defendants did in fact violate this most crucial and essential element and bring guilty verdicts for the trial defendants,”
On November 7, 2022, Chief Judge Lavenski of the United States Court of Appeals for the Eight Circuit dismissed the complaint and called the allegations as “frivolous” and “lacking sufficient evidence to raise an inference that misconduct has occurred”. Unsatisfied with the dismissal, a Petition for Review was filed to the Judicial Council hence this Order. The Review panel agreed with the Chief Judge thus denying the Petition.
A copy of the original filing can be found here.
