Supreme Court of the United States

BalthazarFuhrer v. AdmiralJones42

On Petition For Writ of Certiorari, M.S. Ct. 121

The petition for the writ of certiorari is denied.

Per Curiam.

This petition results for a criminal matter pending before Justice AdmiralJones42. Petitioner alleges error in two regards: (1) he was denied representation in violation of his right to counsel of his choice; and (2) that the Justice presiding over the case has links to the prosecution, rendering it impossible for him to receive a fair trial.

We need not address either of these matters at this time, for this case is improperly brought. The criminal case has not concluded and no conviction has resulted. Issues of bias and impartiality are central to our notion of justice. However, it is entirely impossible for this Court to find bias exists until the original criminal case plays out. If, in the alternative, a defendant could challenge every decision made by the trial court to another court for review our judicial system would grind to a screeching and uncertain halt. See 28 U.S.C. 1292.

The denial of certiorari is typically not accompanied by an explanation, but it is paramount to explain to potential defendants that issues arising in the trial court should be resolved first by the trial court. Once an objection is entered, and decided, the case should continue on until it is entirely resolved. If a conviction results, the defendant may then raise those issues which have been preserved on appeal.

These issues will be ripe for review by this Court once the case has been resolved below. Until then the trial court is tasked with adjudicating and resolving this case.

It is so ordered.

Justice AdmiralJones42 took no part in the consideration of this petition.