Rippo v. StateAnnotate this Case
The Supreme Court affirmed in part and reversed and remanded in part the district court’s denial of Appellant’s second postconviction petition for a writ of habeas corpus in a death penalty case, holding that an evidentiary hearing was required as to Appellant’s judicial bias claim.
Appellant’s petition challenging his conviction for two first-degree murders and death sentences was both untimely and successive. The Supreme Court affirmed the district court’s denial of the petition as procedurally barred, concluding that Appellant did not show good cause and prejudice to excuse the procedural bars to his petition. The United States Supreme Court vacated the Supreme Court’s opinion and remanded for further proceedings, concluding that the Court applied the wrong legal standard as to Appellant’s judicial bias claim. On reconsideration of the judicial bias claim, the Supreme Court held that an evidentiary hearing was required with respect to several issues related to the claim. The Court remanded for an evidentiary hearing on the judicial bias claim and affirmed the remainder of the district court’s order.