Bracy v. Gramley, 520 U.S. 899, 3 (1997)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Cite as: 520 U. S. 899 (1997)

Opinion of the Court

role in an execution-style triple murder.1 Maloney was later convicted of taking bribes from defendants in criminal cases. Although he was not bribed in this case, he "fixed" other murder cases during and around the time of petitioner's trial. Petitioner contends that Maloney therefore had an interest in a conviction here to deflect suspicion that he was taking bribes in other cases, and that this interest violated the fair-trial guarantee of the Fourteenth Amendment's Due Process Clause. We hold that petitioner has made a sufficient factual showing to establish "good cause," as required by Habeas Corpus Rule 6(a), for discovery on his claim of actual judicial bias in his case.

Maloney was one of many dishonest judges exposed and convicted through "Operation Greylord," a labyrinthine federal investigation of judicial corruption in Chicago. See United States v. Maloney, 71 F. 3d 645 (CA7 1995), cert. denied, 519 U. S. 927 (1996); see generally J. Tuohy & R. Warden, Greylord: Justice, Chicago Style (1989). Maloney served as a judge from 1977 until he retired in 1990, and it appears he has the dubious distinction of being the only Illinois judge ever convicted of fixing a murder case.2 Before he was appointed to the bench, Maloney was a criminal defense attorney with close ties to organized crime who often

1 People v. Collins, 106 Ill. 2d 237, 478 N. E. 2d 267 (Collins I) (affirming convictions and death sentences), cert. denied, 474 U. S. 935 (1985); People v. Collins, 153 Ill. 2d 130, 606 N. E. 2d 1137 (1992) (Collins II) (affirming denial of petition for postconviction relief), cert. denied, 508 U. S. 915 (1993). Bracy is also under a death sentence for two murders in Arizona. State v. Bracy, 145 Ariz. 520, 703 P. 2d 464 (1985), cert. denied, 474 U. S. 1110 (1986); Bracy v. Arizona, 497 U. S. 1031 (1990) (denying petition for writ of certiorari to Arizona Supreme Court to review denial of Bracy's petition for review of state court's denial of petition for postconviction relief); Bracy v. Arizona, 514 U. S. 1130 (1995) (same).

2 Although apparently the first in Illinois, Maloney is not, unfortunately, the first American judge to be convicted of taking bribes in murder cases. See, e. g., Ohio v. McGettrick, 40 Ohio App. 3d 25, 531 N. E. 2d 755 (1988); In re Brennan, 65 N. Y. 2d 564, 483 N. E. 2d 484 (1985).

901

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: October 4, 2007