No. 18-1008

In Re Veronica Hollowell and Vivian Epps

Lower Court: N/A
Docketed: 2019-02-04
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: child-custody civil-procedure civil-rights constitutional-rights discovery-rule due-process family-law federal-jurisdiction incarceration jurisdiction jury-trial mental-fitness single-parent standing statute-of-limitations
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2019-06-06 (distributed 2 times)
Question Presented (AI Summary)

Whether the State Court lacked jurisdiction of the child since the unwed, single-parent mother's case was not jury adjudicated (the ex-boyfriend/father was already incarcerated for a 2nd DUI offense)

Question Presented (from Petition)

QUESTIONS PRESENTED : 1. Whether the State Court lacked jurisdiction of the child since the unwed, single-parent mother’s case was not Jury adjudicated (the ex-boyfriend/father : was already incarcerated for a 2nd DUI offense). ; : 2. Whether the State Court judgement is in violation of the U.S. Constitution and whether the State Court erred in declining to exercise an unwed, lawabiding single-parent Mother’s request to be have the issue of her mental fitness adjudicated by a jury before the court took jurisdiction of child. 3. Whether the Appeals Court abuses its discretion when it bases it decision on a clearly erroneous assessment of Petitioner’s court docket Delay Discover Rule statement. 4. Whether the Appeals Court abuses its discre: tion to be allowed to change Petitioner's court docket Discovery Rule wording phase sentences that does connects to the Supreme Court controlling law constitutional statutory. 5. Whether the Appeals Court abused its discretion when the Petitioner’s court docket record Discover Rule contains no evidence to support its decision about Petitioner Hollowell alleged saying, “she did not know that she could get legal relief for her injuries” ... as were stated in the Appeals Court judgment. 6. Whether Petitioner's Federal Court docket Delayed Discovery Rule True and correct statement : by federal statute under 42 U.S.C. Section 9658(4)(A) be equitably tolled to have stop Arizona State Statute of limitation. ii 7. Whether the District Court Judge John J. : Tuchi and Appeals Court Judges Canby, Trott, and Graber abuse its discretion by applying Arizona State law statute of limitation to Petitioner’s Federal Court docket Discovery Rule (Federal Rule 26-37 of the Discovery Rule, depending on whether the case is . in State or Federal Court, Petitioner case in Federal Court yet both lower court applied Arizona State statute of limitation against a Federal Court filed Discovery Rule as stated in Appeals Court judgment). ; 8. Whether the Appeals Court improperly dismis: sed claims of Petitioner’s applied court docket Delayed Discovery Rule. 9. Whether the Delayed Discovery Rule can extends a statute of limitations to whatever date beyond : a statute of limitations Year. : iii

Docket Entries

2019-06-10
Rehearing DENIED.
2019-05-21
DISTRIBUTED for Conference of 6/6/2019.
2019-05-10
2019-04-15
Petition DENIED.
2019-03-20
DISTRIBUTED for Conference of 4/12/2019.
2019-02-14
Waiver of right of respondents Gregory A. McKay; Mark Brnovich to respond filed.
2019-01-24
Petition for a writ of mandamus filed. (Response due March 6, 2019)

Attorneys

Gregory A. McKay; Mark Brnovich
Daniel Patrick SchaackArizona Atty. General, Respondent
Daniel Patrick SchaackArizona Atty. General, Respondent
Veronica Hollowell and Vivian Epps
Veronica Hollowell — Petitioner
Veronica Hollowell — Petitioner