MICHAEL DAMON RIPPO, PETITIONER
v.
RENEE BAKER, WARDEN.

U.S. | 2017-03-06
No. 16–6316.
137 S. Ct. 905 Supreme Court of the United States (2017) Positive Treatment
Also reported at: 197 L. Ed. 2d 167
Cited by 6 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A Nevada court upheld a death sentence despite the trial judge being the target of a federal bribery investigation in which the prosecuting district attorney's office participated, applying a legal standard requiring proof of actual bias rather than assessing the objective probability of bias. The Supreme Court vacated and remanded, holding that the Due Process Clause requires recusal when there is an objectively intolerable risk of bias, regardless of whether actual bias is proven, and that a judge's involvement in a case where the opposing party is investigating him can create such constitutional concerns.


Headnotes

[1] The Due Process Clause requires recusal when the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable, even i…

[2] A litigant need not prove a judge was actually biased in their specific case to warrant recusal when circumstances create an unconstitutional potential for bias.

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Per_curiam
Per Curiam

*906PER CURIAM.

A Nevada jury convicted petitioner Michael Damon Rippo of first-degree murder and other offenses and sentenced him to death. During his trial, Rippo received information that the judge was the target of a federal bribery probe, and he surmised that the Clark County District Attorney's Office-which was prosecuting him-was playing a role in that investigation. Rippo moved for the judge's disqualification under the Due Process Clause of the Fourteenth Amendment, contending that a judge could not impartially adjudicate a case in which one of the parties was criminally investigating him. But the trial judge declined to recuse himself, and (after that judge's indictment on federal charges) a different judge later denied Rippo's motion for a new trial. The Nevada Supreme Court affirmed on direct appeal, reasoning in part that Rippo had not introduced evidence that state authorities were involved in the federal investigation. Rippo v. State, 113 Nev. 1239, 1246-1250, 946 P.2d 1017, 1023-1024 (1997) (per curiam ).

In a later application for state postconviction relief, Rippo advanced his bias claim once more, this time pointing to documents from the judge's criminal trial indicating that the district attorney's office had participated in the investigation of the trial judge. See, e.g., App. to Pet. for Cert. 236-237, 397. The state postconviction court denied relief, and the Nevada Supreme Court affirmed. Rippo v. State, 132 Nev. ----, ----, 368 P.3d 729, 743-745 (2016). It likened Rippo's claim to the "camouflaging bias" theory that this Court discussed in Bracy v. Gramley, 520 U.S. 899, 117 S.Ct. 1793, 138 L.Ed.2d 97 (1997). The Bracy petitioner argued that a judge who accepts bribes to rule in favor of some defendants would seek to disguise that favorable treatment by ruling against defendants who did not bribe him. Id., at 905, 117 S.Ct. 1793. We explained that despite the "speculative" nature of that theory, the petitioner was entitled to discovery because he had also alleged specific facts suggesting that the judge may have colluded with defense counsel to rush the petitioner's case to trial. See id., at 905-909, 117 S.Ct. 1793. The Nevada Supreme Court reasoned that, in contrast, Rippo was not entitled to discovery or an evidentiary *907hearing because his allegations "d[id] not support the assertion that the trial judge was actually biased in this case." 132 Nev., at ----, 368 P.3d, at 744.*

We vacate the Nevada Supreme Court's judgment because it applied the wrong legal standard. Under our precedents, the Due Process Clause may sometimes demand recusal even when a judge " 'ha[s] no actual bias.' " Aetna Life Ins. Co. v. Lavoie, 475 U.S. 813, 825, 106 S.Ct. 1580, 89 L.Ed.2d 823 (1986). Recusal is required when, objectively speaking, "the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable." Withrow v. Larkin, 421 U.S. 35, 47, 95 S.Ct. 1456, 43 L.Ed.2d 712 (1975) ; see Williams v. Pennsylvania, 579 U.S. ----, ----, 136 S.Ct. 1899, 1905, 195 L.Ed.2d 132 (2016) ("The Court asks not whether a judge harbors an actual, subjective bias, but instead whether, as an objective matter, the average judge in his position is likely to be neutral, or whether there is an unconstitutional potential for bias" (internal quotation marks omitted)). Our decision in Bracy is not to the contrary: Although we explained that the petitioner there had pointed to facts suggesting actual, subjective bias, we did not hold that a litigant must show as a matter of course that a judge was "actually biased in [the litigant's] case," 132 Nev., at ----, 368 P.3d, at 744 -much less that he must do so when, as here, he does not allege a theory of "camouflaging bias." The Nevada Supreme Court did not ask the question our precedents require: whether, considering all the circumstances alleged, the risk of bias was too high to be constitutionally tolerable. As a result, we grant the petition for writ of certiorari and the motion for leave to proceed in forma pauperis, and we vacate the judgment below and remand the case for further proceedings not inconsistent with this opinion.

It is so ordered.


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  • Isom v. Arkansas, 140 S. Ct. 342 (U.S. 2019)
    …y" with Isom. Id. , at 552. Our precedents require recusal where the "probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable." Rippo v . Baker , 580 U. S. ----, ----, 137 S.Ct. 905, 907, 197 L.Ed.2d 167 (2017) (per curiam ) (quoting Withrow v. Larkin , 421 U.S. 35, 47, 95 S.Ct. 1456, 43 L.Ed.2d 712 (1975) ). The operative inquiry is objective: whether, "considering all the circumstances alleged," Rippo , 580 U. S., at ----, 137 S.Ct., at 907, "the…

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