William Henry Grimes v. United States

This appeal was noticed to be heard on January 18, 1968. On that date it was ordered to be submitted when the Reporter’s Transcript of testimony given at the trial had been filed. That transcript has now been filed.

Appellant was convicted by a jury on two counts of bank robbery. 18 U.S.C. §§ 3 , 2113(a) (1964). No appeal was taken from his ten- and twenty-year concurrent sentences.

Over sixteen months later appellant, in propria persona, moved to vacate his conviction under 28 U.S.C. § 2255 (1964), charging (insofar as is relevant here) (1) that he had b( n convicted on the perjured testimony of his codefendant O’Day which had been knowingly used by the United States Attorney who prosecuted him; and (2) that his confession, which had been introduced against him, had been involuntarily given.

Appellant later charged that the trial judge considering his motion was personally biased against him and was required to disqualify himself under 28 U.S.C. § 144 (1964).

We shall first consider the disqualification matter. 28 U.S.C. § 144 reads as follows:

Appellant’s affidavit appears on pages 11 and 12 of Volume I of the Record, and shows the following recital of grounds for asserting…