State of California v. Susan Brashear Anthony

Summary

The United States District Court for the Eastern District of California remanded a California criminal prosecution to Solano County Superior Court. The court held that Susan Brashear Anthony’s notice of removal was untimely under 28 U.S.C. § 1455(b)(1) and failed to establish a valid basis for federal removal under 28 U.S.C. §§ 1442, 1442a, or 1443.

Holdings

1. A notice of removal of a state criminal prosecution filed more than thirty days after arraignment is untimely under 28 U.S.C. § 1455(b)(1), absent an adequately established basis for an extension.
2. A defendant removing a state criminal prosecution must include all grounds for removal in the notice and must establish a legitimate statutory basis for federal jurisdiction.
3. Allegations of civil-rights violations, federal preemption, Fourth Amendment violations, or due-process violations do not by themselves authorize removal of a state criminal prosecution under the federal criminal-removal statutes.

Questions Presented

1. Whether Anthony's notice of removal was timely under 28 U.S.C. § 1455(b)(1).
2. Whether Anthony established a legitimate statutory ground for removal of the state criminal prosecution under 28 U.S.C. §§ 1442, 1442a, or 1443.
3. Whether alleged civil-rights, disability, privacy, preemption, and due-process violations established a basis for federal removal.

Disposition

remanded