Petition for Writ of Certiorari — John Wesley Patton, Petitioner v. Gary Westcott, Secretary, Louisiana Department of Public Safety and Corrections, et al.

No.

In The

Supreme Court of the United States

October Term 2025

FILED

DEC 1 0 2025

,S,

John Wesley Patton,

ili

Petitioner,

Vs.

Gary Westcott, Secretary Louisiana Department of Corrections,

DPSC, and Travis Day, Warden BB Sixty Rayburn Corr. Cte.

Respondents,

On Petition of Writ of Certiorari

Louisiana Supreme Court No. 2025-KH-00359

Petition for Writ of Certiorari

United States Supreme Court

John Wesley Patton, Esq.

Pro-Se Petitioner

DPSC No. 327902

BB. Sixty Rayburn Correctional

27268 Hwy 21 North

Angie, Louisiana 70426

(a)

Questions Presented for Review

Question Number One

Could a Louisiana District Judge, namely, Steven C. Grefer, 24th Judicial

District Court, in Division “J” in Jefferson Parish, Louisiana be considered to

have been impartial after the Petitioner filed a Federal Civil Rights action

naming the Judge as one of the Defendant’s? And the Judge continued to hear

his own recusal motions and rule on the Petitioner’s application for post

conviction relief? Was he impartial pursuant to the US Constitution?

Question Number Two

Could a Louisiana District Judge, namely, Steven C. Grefer, 24th Judicial

District Court, in Division “J” be considered to be impartial on the rulings of

the Petitioner’s Louisiana State post conviction application? When several of

the Claims on the State Post Conviction were against the Judge? Possibly

making the Judge a witness? Can a Judge hear his own claims?

Question Number Three

Can any Louisiana Citizen ever expect to receive a Fair Trial with the way

Louisiana currently allows their District Attorney’s to hand pick the Judge’s

assigned to their Criminal Cases? Through manipulation of Louisiana District

Court Rules, Rule 14.0 Allotment of Cases?

Question Number Four

Did the Petitioner really receive a “Fair and Impartial” Louisiana District

Judge? In pre trial motions? At trial? On his post conviction?

ii.

(b)(i)

List of Parties

Petitioner’s

John Wesley Patton, Esq.

The Louisiana Citizens

DPSC No. 327902

In all Parish Prisons and State

BB Sixty Raybum Correctional Center

Prisons of Louisiana.

Wind 2

27268 Hwy 21 North

In the Communities.

Angie, Louisiana 70426

Respondent’s

Attorney General of Louisiana

The Governor of Louisiana

Liz Murrell

Jeff Landry

Livingston Building

State Capitol

1885 North 3rd Street

900 North 3rd Street

Baton Rouge, Louisiana 70804

Baton Rouge, Louisiana 70804

District Attorney

Paul D. Connick, Jr.

District Attorney for Jefferson Parish

Appellate Section

5th Floor

200 Derbigny Street

Gretna, Louisiana 70053

iii.

(b)(iii)

Proceedings

1. On or about June 27,2020 the Petitioner filed a Federal Lawsuit (1983, 1985) against the City

of Westwego Louisiana Federal Civil Action Number 20-3408, the Petitioner named 24th Judicial

District State District Judge, Steven C. Grefer of Division “J”. (Appendix^

2. On October 04, 2024 the Petitioner filed in the 24th Judicial District Court an application for

post conviction relief claiming thirty constitutional violations (30) claims, several involving

Judge Grefer. Along with a properly filed Motion to Recuse trial judge, Steven C. Grefer. In

State of Louisiana Versus John Wesley Patton, criminal number 18-7474 in the 24th Judicial

District Court. (Appendixes “C” & “D”).

3. The Petitioner continued to seek the original trial transcripts to prove his claims. The 24th

Judicial District Judge, Steven C. Grefer denied EVERY request. That motion and denials are

(Appendixes “E” & “F”).

4. A month went by without a ruling on the original “motion to recuse.” So the Petitioner filed a

writ of mandamus requesting the 5th circuit (state court) order the post conviction judge hear the

motion to recuse on December 06, 2024. The court agreed with the Petitioner and ordered Judge

Grefer to hear the motion within five (5) days. The Judge heard his own recusal on December 17,

2024, some five (5) days late, and Denied the Petitioner. (Appendix “C”).

5. Petitioner filed “notice of intent to seek writs and motion to set a return date” on January 03,

2025. (Appendix “G”). The Jefferson Parish Clerk filed those motions on January 13, 2025.

6. The Petitioner filed a supervisory writ with the Fifth Circuit Court of Appeals for Louisiana,

located in Gretna, Louisiana. (Appendix “B”). Writ number 2025 KH 00048.

7. The 5th Circuit Court of Appeals for Louisiana denied that writ number 2025 KH 00048 on

February 25, 2025. (Appendix “B”).

8. The Petitioner filed a supervisory writ to the Louisiana State Supreme Court on or about

March 18, 2025. (Appendix “A”). Writ number 2025 KH 00359.

9. On September 16, 2025 the Louisiana State Supreme Court denied 2025 KH 00359 without

written order. (Appendix “A”).

10. The Petitioner petitions the United States Supreme Court for Writ of Certiorari due on

December 12, 2025.

iv.

(C)

Table of Contents

Cover Page

Cover

Questions presented to the Supreme Court for review

ii

List of Parties

ijj

Proceedings

iv

Table of Contents

...........................................................................................................

Index of Appendices

vi

Table of Authorities Cited

vii

Opinions Below

...................................................................... 1

Concise Statement, basis for jurisdiction

................................................................ 2

Appendix “A”

Louisiana Supreme Court Judgement

Supreme Court’s Jurisdiction

.............................................................. 2

Statement of the Facts Petitioner’s Claims

3, 4

Statement of the Louisiana Case

Appendix “I”

Reasons for Granting the Writ

5

Arguments Amplifying Reasons for Writ

6,7,8,9,10

Conclusion

U

Verification Sworn Affidavit, 28 U.S.C.A. 1746

................................ 12

Proof of Service

Included

Appendix’s A -1

Included

v.

Index to Appendices

Appendix “A” The Louisiana Supreme Court Brief and judgement 2025 KH 00359 the

Petitioner asks this court to review.

Appendix “B” The 5th Circuit Brief and the opinion denying the Petitioner relief. The

decision/opinion the Petitioner requested “supervisory jurisdiction” of the Louisiana Supreme

Court.

Appendix “C” Original Motion to Recuse Included with Post Conviction. And the 24th Judicial

District Court’s original order denying the recusal.

Appendix “D” Original Application for Post Conviction Relief properly filed.

Appendix “E” The original request for Transcripts and documents to prove the Petitioner’s post

conviction.

Appendix “F” Judge Grefer’s denial of the Petitioners request for transcription of the record to

prove the Petitioner’s thirty (30) claims. After the Petitioner had a legal post-conviction filed.

This proves bias. The Judge flat out lied.

Appendix “G” Notice of Intent to Seek Supervisory Writs. Motion to Set Return Date.

Appendix “H” Original Federal Lawsuit order 2022 WL 3754192. Showing 24th Judicial

District Judge Steven C. Grefer as a defendant number 15. Entitled John Wesley Patton, V. City

of Westwego, et al.

Appendix “I” The “TRUE” Statement of Facts on State of Louisiana Versus John Wesley

Patton, 24th Judicial District Court, Parish of Jefferson, Division “J”.

vi.

(c)(i)

Table of Authorities Cited

In re Murchison, 349 U.S. 133, 75 S.Ct. 623, 99 L.Ed. 942 (1955)..................................... 6

Bracy v. Gramley, 520 U.S. 899, 117 S.Ct. 1793, 138 L.Ed. 2d 97 (1997)......................... 6

Rippo v. Baker, 580 U.S. 285, 137 S.Ct. 905, 197 L.Ed. 2d 167 (2017)............................. 6

John W. Patton v. City of Westwego, Docket No. 20-3408

(Eastern District of Louisiana Federal Court), 2022WL3754192 (2022).......................... 6, 8

Johnson v. Mississippi, 403 U.S. 212, 91 S.Ct. 1778, 29 L.Ed. 2d 423 (1971)..................... 8

Williams v. Pennsylvania, 579 U.S. 1, 136 S.Ct. 1899, 195 L.Ed. 2d 132 (2016)............... 8

Lacaze v. Louisiana, 583 U.S. 801, 138 S.Ct. 60, 199 L.Ed. 2d 1 (2017)........................... 8

Mayberry v. Pennsylvania, 400 U.S. 455, 91 S.Ct. 499, 27 L.Ed. 2d 532 (1971)................ 9

Caperton V. A.T. Massey Coal Co., Inc, 556 U.S, 868, 129 S.Ct. 2252,

173 L.Ed. 1208 (2009)

. Louisiana Brief Only

vii.

In The

Supreme Court of the United States

October Term 2025

Petition for Writ of Certiorari

Petitioner respectfully prays that a writ of certiorari issues to review the judgement below.

Opinions Below

John Wesley Patton V. Gary Westcott, DPSC Secretary, Warden Travis Day, BB Sixty

Rayburn Correctional Center No. 2025-KH-00048, 2025WL615117 (La.App.5 Cir 2/25/25).

Appears as Appendix “B”.

John Wesley Patton V. Gary Westcott, DPSC Secretary, Warden Travis Day, BB Sixty

Rayburn Correctional Center No. 2025-KH-00359, 416 So.3d 469 (Mem) (La 9/16/25).

Appears as Appendix “A”.

Jurisdiction

The Date the Highest State Court decided my case was September 16, 2025.

A copy of that decision appears at Appendix “A”.

A rehearing was not sought.

The jurisdiction of this Court is invoked under 28 U.S.C. 1257(a)

2.

Statement of Case

On October 04,2024 Petitioner filed his shell application for post conviction relief pursuant

to Louisiana Code of Criminal Procedure Article 930.3. (Appendix “D”). The Petitioner

additionally served the 24th Judicial District Court Judge with a “motion to recuse” along with the

Petitioner’s original application for post conviction relief. (Appendix “C”).

The Petitioner felt like the JUDGE Steven C. Grefer, of Division “J” could not be fair based

on the fact, the Petitioner had included a number of claims against the Judge himself. The Petitioner

felt the claims had merit and should be heard by a different Judge sitting in the 24th Judicial District

Court. As of this writ no hearing has been held within the thirty (30) days required by law.

Petitioner filed a “writ of mandamus.” The Fifth Circuit ordered Judge Grefer to hear the motion

within five (5) days of December 06, 2024. On December 17, 2024 Judge Grefer denied the

Petitioners Motion to Recuse. (Appendix “C”).

The Petitioner continued to seek the trial transcripts that proved his original application for

recusal and his original application for post conviction relief. (Appendix “E” & “F”).

Petitioner was never served with a copy of the original denial of the Motion to recuse.

On January 03, 2025 the Relator filed “Notice of Intent to seek Supervisory Writs” The

notice was served upon the 24th Judicial District Court, Division “J” Along with a “motion to set

return date.” (Appendix “G”).

The Jefferson Parish Clerk filed those motions on January 13, 2025. The Petitioner was

never served with the Judge’s original ruling or the denial. The Petitioner filed a “Supervisory

Brief’ on the recusal issue in the lower appeals court of Louisiana, the Fifth Circuit.

(Appendix “B”).

3.

On the 25th day of February, 2025, the Fifth Circuit Court of Appeals (Gretna) denied relief

to the Petitioner. (Exhibit “B”) The Petitioner sought “supervisory review” on the original denial

of the lower State Appeals Court ruling. The Petitioner filed a brief and received a denial on that

brief on September 16, 2025 Louisiana Supreme Court number 2025 KH 00359.

(Appendix “A”).

4.

Reasons for Granting the Petition

United States Supreme Court, Rule 10(b)

Is the trial Judge required by law to recuse himself? After the Petitioner filed a Federal Civil

Rights Lawsuit on the Parish of Jefferson located in Louisiana? And the Petitioner named the

Judge as a “Defendant.”? Did the trial judge abused his discretion in refusing to transfer the

Petitioner’s motion to recuse to recuse Judge Grefer from presiding over Petitioner’s original

application for post-conviction proceedings, when the presiding judge was originally named as a

“Defendant” in a Federal Civil Rights Action No. 20-3408 (B), or when, as in this case, the

presiding judge has changed the official court record, or when the presiding judge has abused his

contempt powers, or when the presiding judge had deprived the Petitioner of his constitutional

right to judicial review, right to present a defense, to cross-examine, and the fundamental right to

a fair trial already? The Petitioner’s post conviction claims 22 and 30 are directed at 24th Judicial

District Judge, Steven C. Grefer’s courtroom misconduct? And that makes him a witness in

violation of the cannons and Louisiana Code of Criminal Procedure, Article 671(A)(4). Can a

Louisiana District Judge hear claims against him and still remain “fair” and “Impartial?”

U.S.Sup.Ct. Rule 10(b) The Louisiana Supreme Court has so far departed from the accepted and

usual course of judicial proceedings. This Petitioner requests the Supreme Court exercise its

power.

5.

Argument

The trial court erred when it refused to assign the Petitioner’s Motion to Recuse Judge

Grefer from presiding over all post-conviction proceedings in the instant matter to another Judge

to hear?

A fair collateral review has been a longstanding basic requirement of due process. That

right requires not only “an absence of actual bias in the trial cases” but also “prevents even the

probability of unfairness.” In re Murchison, 349 U.S. 133, 136 (1955).

The Due Process Clause of the Fifth Amendment requires “fair trial in a fair tribunal, before

a judge who has no actual bias against the defendant.” Bracy v. Gramley, 520 U.S. 899 (1997).

“Under the Due Process Clause, recusal is required when objectively speaking, the

probability of acting bias on the part of the judge or decision-maker is too high to be

constitutionally tolerable.” Rippo v. Baker, 580 U.S. 285 (2017).

The Petitioner contends that the motion to recuse Judge Grefer from presiding over post­

conviction proceedings, does in fact and in jurisprudence has merit.

1. The Petitioner contends that in 2020, he filed the case of John Wesley Patton v. City

of Westwego, et. al., 2022 WL 3754192 supra, wherein Judge Steven C. Grefer was named as a

defendant. (Appendix

).

2. The Petitioner contends that the Judiciary Complaints made against Judge Steven C.

Grefer by the Petitioner, if proven to be true, would not only constitute violations of state and

federal criminal statutes, but additionally the probability of acting bias on the part of the judge or

decision-maker is too high to be tolerable.

3. The Petitioner contends that his stand-by counsel took over 200 pages of notes during

the course of the trial in this matter. These hand-written notes by stand by counsel, attorney Price

Quinn indicate that the Official Court Record has been deliberately and maliciously changed by

24th Judicial District Judge Steven C. Grefer by omitting several of the Petitioner’s proper

objections, in order to deprive Petitioner of his constitutionally protected right to judicial review.

And assist his ex colleges’ in railroading the Petitioner. In turn the Petitioner lost his “direct

appeal” based on no proof found in the record. And that the Petitioner could never gain the

transcripts to attach a copy to the Louisiana Appellate Courts.

4. The Petitioner contends that Judge Steven C. Grefer is named in multiple claims in the

Petitioner’s “original application for post conviction relief’

5. The Petitioner contends that during trial he represented himself pro-se, and was denied

his right to present a defense, to cross-examination, and to the fundamental right to a fair trial by

Judge Steven C. Grefer, who was and still remains “partial.” Bias towards the Petitioner plight for

freedom. Said Judge was friends with the two corrupt police detectives who framed the Petitioner.

Judge Steven C. Grefer presently has an ongoing Federal Civil Rights Complaint filed

against him by Petitioner, Mr. John W. Patton, to the Federal Bureau of investigation and United

States Department of Justice. See John W. Patton v. City of Westwego, supra. In fact, there is an

open, ongoing, investigation of Judge Steven C. Grefer by the FBI Director, Kash Patel and United

States Department of Justice on behalf of the Petitioner:

SCOTUS has held in Johnson v. Mississippi, supra:

“A judge who had been sued by a criminal defendant in a civil rights action was

constitutionally barred from presiding over the defendant’s contempt proceedings.” The Court

concluded, “the judge was so enmeshed in matters involving the defendant as to make it must

appropriate for another judge to sit, because trial before an unbiased judge is essential to due

process.”

In Rippo v. Baker, supra, the SCOTUS explained, “the Due Process Clause may

sometimes demand recusal even when a judge has no actual bias.” “The asks not whether a judge

harbors an actual, subjective bias, but instead whether, as an objective matter, the average judge

in his position is likely to be neutral, or whether there is an unconstitutional potential for bias.”

See Williams v. Pennsylvania, 579 U.S. 1, 136 S.Ct. 1899, 195 L.Ed. 2d 132 (2016) and Lacaze

v. Louisiana, 583 U.S. 801, 138 S.Ct. 60, 199 L.Ed. 2d 1 (2017).

The Petitioner has filed his first Application for Post-Conviction Relief (APCR) with a

government sanctioned investigation of the case, and with important documents that were

specifically requested. That application was denied and is currently pending on writ of certiorari

in the Louisiana Supreme Court Number 2025 KH 1003.

8.

The Petitioner posits that Judge Steven C. Grefer has denied constitutional rights asserted

and motions filed, with the malicious intent of impeding discovery of judicial, police, and

prosecutorial misconduct. Judge Steven C. Grefer was hand picked through manipulation of

Louisiana District Rule 14’s random assignment clause. And is a “puppet” for Paul D.

Connick’s Office. Thereby can’t be considered fair nor impartial.

Of critical importance, several of Petitioner’s post conviction claims are directly against

Judge Steven C. Grefer’s prior rulings, handling of the trial and his partiality. And place Judge

Steven C. Grefer on the witness stand. Judge Steven C. Grefer is now a witness in the pending

post-conviction.

Another post conviction claim, which will be supported by evidence, will allege that the

he did not get fair and public trial as guaranteed by the Louisiana Constitution Official Court

Record has been altered/changed and that Relator has been unfairly prosecuted. In fact, several

claims on the Relator’s pending application named 24th Judicial District Judge, Steven C. Grefer

as the violator of the Relator’s Louisiana and United States Constitutional rights. Would this court

have Judge Steven C. Grefer hear his own case on that important claim?

Petitioner notes that he has written multiple letters to Judge Steven C. Grefer, of the 24th

Judicial District Court, Jefferson Parish, Louisiana referring to him as “dishonest,” “unfair,” and

“pro-prosecution”. SCOTUS held in Mayberry v. Pennsylvania, 400 U.S. 455, 465 (1971), that

“recusal was constitutionally required where a judge had been verbally abused by a criminal

defendant because no one so cruelly slandered is likely to maintain that calm detachment for fair

adjudication.”

9.

See also Louisiana Criminal Code Procedure, Article. 671:

(A). In a criminal cause, a judge of any trial.. .shall be recused upon any of the following

grounds:

(1) The judge is biased, prejudiced, or personally interested in the cause to such an extent

that the judge would be unable to conduct a fair and impartial trial.

(4) The judge is a witness in the cause.

(6) The judge would be unable, for any other reason, to conduct a fair and impartial trial.

B. In a criminal cause, a judge... shall also be recused when there exists a substantial and

objective basis that would reasonably be expected to prevent the judge from conducting

any aspect of the cause in a fair and impartial manner.

10.

Conclusion

WHEREFORE, for the reasons presented herein, that there are extraordinary reasons for

the GRANTING of the Petition for Writ of Certiorari contained herein. And requests this

Honorable Supreme Court invoke its original jurisdiction 28 U.S.C.A. 1251(a) and 28 U.S.C.A.

1257(a) State Court Certiorari.

Petitioner prays that this Honorable United States Supreme Court grant this Petition for

Writ of Certiorari

Reversing the Petitioner’s conviction and sentence and remanding for a New Trial.

Respectfully submitted on this 1st day of December 2025

John W. Patt jn, Esq.

DPSC No. 327902

BB Sixty Rayburn Corr. Cte.

, 27268 Highway 21 North

Angie, Louisiana 70426

11.

Verification Affidavit

I do hereby swear under the penalty of perjury that the contents of the foregoing are true and

correct to the best of my knowledge and understanding.

I further swear pursuant to penalty of peijury, 28 U.S.<t.A. 1746,

John W. Patton, Affiant

DPSC No. 327902

! BB Sixty Rayburn Corr Cte.

! 27268 Highway 21 North

I

Angie, Louisiana 70426

SWORN TO AND SUBSCRIBED, before me this 1st day of Deci mber 2025.

fey Patten, Esq.

12.