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No. 18-9517October Term 2019Decided Nov 25, 2019

Docket 18-9517October Term 2019 (2019–2020)

Kenneth R. Isom, Petitioner v. Arkansas

The Supreme Court passed on the case, so the lower-court outcome stands and the justices did not resolve the bias issue.

Case status

Current stage
Decided
Latest event
Decision released Nov 25, 2019
Case Accepted
Arguments
Decision ReleasedNov 25, 2019
What it's about

This case concerned whether Kenneth Isom received a fair postconviction hearing when Judge Sam Pope—who had earlier prosecuted Isom several times and had tried to get his parole revoked—later presided over Isom’s coram nobis proceeding in an unrelated case. Isom argued that this history created too great a risk of judicial bias under the Due Process Clause.

Question presented

Whether Pope and Isom’s significant adversarial history created an unconstitutional risk of bias under the due process clause when Pope later sat as the trial judge in Isom’s unrelated coram nobis hearing.

Case path

Supreme Court of Arkansas / Decision released Nov 25, 2019

Area

Decided Supreme Court case

Briefing

What it's about

The Supreme Court declined to hear Kenneth Isom's appeal over whether Judge Sam Pope's past fights with him as a prosecutor created too much risk of bias when Pope later oversaw Isom's postconviction hearing. That left the Arkansas Supreme Court's result in place and did not answer the constitutional question on the merits.

Vote

The Court declined review on Nov. 25, 2019, and the justices did not hear argument. No vote count or opinion lineup is provided in the record here.

Impact

For Isom, it means no Supreme Court review of his claim that he did not get a fair hearing. More broadly, people arguing that a judge's earlier role as prosecutor makes a later case unfair got no new national rule from the Court.

What's next

This Supreme Court docket action is over. Because the Court declined certiorari (review), the Arkansas result remains in effect.

What was Isom v. Arkansas about?

It asked whether Judge Sam Pope's past battles with Kenneth Isom created an unconstitutional risk of bias. Pope had earlier prosecuted Isom several times and tried to revoke his parole.

Who is affected by the Supreme Court's move in Isom v. Arkansas?

Isom is directly affected because he did not get Supreme Court review of his fair-hearing claim. Other defendants with similar bias claims got no new nationwide rule.

What happens next in Isom v. Arkansas?

Nothing further happens in this Supreme Court docket action. The Court declined certiorari (review), so the Arkansas outcome stays in place.

Decision

Decision record

What the Court decided

The Supreme Court passed on the case, so the lower-court outcome stands and the justices did not resolve the bias issue.

Impact

For Isom, it means no Supreme Court review of his claim that he did not get a fair hearing. More broadly, people arguing that a judge's earlier role as prosecutor makes a later case unfair got no new national rule from the Court.

Not official Court text.

Opinion documents

Timing

Decided November 25, 2019

The Court released its decision on November 25, 2019 without hearing oral argument.