State of Kansas v. Sean Suttington

Summary

The United States District Court for the District of Kansas dismissed Sean Suttington’s attempted removal of his Kansas state criminal case. The court held that the notice was untimely, failed to state grounds for removal, and did not include the required state-court documents; because the state case had not been removed, remand was unnecessary.

Holdings

1. A state criminal defendant may remove under 28 U.S.C. § 1443(1) only by alleging denial of a federal right arising under a specific law protecting racial equality and inability to enforce that right in the state proceeding; Sutttingon alleged no permissible ground for removal.
2. The notice of removal was untimely because it was filed after the defendant had pleaded guilty and been sentenced, rather than no later than thirty days after arraignment or before trial, absent an applicable showing of good cause.
3. The notice was deficient because it did not include all grounds for removal and failed to include copies of all process, pleadings, and orders served on the defendant.
4. Dismissal was appropriate because the state criminal case had not been removed to federal court; remand was unnecessary.

Questions Presented

1. Whether a state criminal defendant may remove a criminal case to federal court after conviction and sentencing while the case is pending on appeal.
2. Whether the notice of removal satisfied the statutory requirements for a criminal removal under 28 U.S.C. § 1455.
3. Whether the federal court should remand or dismiss when the state criminal case was never actually removed from state court.

Disposition

dismissed