No. 18-1370

Joanna Burke, et vir v. Deutsche Bank National Trust Company

Lower Court: Fifth Circuit
Docketed: 2019-05-01
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review assignment clear-error due-process fifth-circuit impartial-tribunal judicial-bias judicial-error law-of-the-case law-of-the-case-doctrine lender-income-fraud manifest-injustice nominee published-opinion
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Whether the Court of Appeals for the Fifth Circuit correctly applied the well-established exception to the law-of-the-case doctrine for appellate decisions that commit clear error and, if followed, would work a manifest injustice

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether the Court of Appeals for the Fifth Circuit : correctly applied the well-established exception to the law-of-the-case doctrine for appellate decisions that commit clear error and, if followed, would : work a manifest injustice. : II. Whether the US District Court correctly con: cluded that the Court of Appeals for the Fifth Circuits’ decision in the prior appeal was clearly ; ; erroneous to the extent it upheld an assignment ; by an entity purporting to act solely as a “nomi_ nee” for a dissolved principal with unknown successors. . III. Whether admitted and obvious Lender Income : Fraud and Forgery on a Mortgage Application is exempt from the definition of ‘Predatory Lending’ as defined on the Department of Justice website : and in the Texas Penal Code § 32.21(a)(1)(A), can . be excluded from ‘de novo’ review by the Panel[s}. IV. Whether the Fifth Circuit Court of Appeals is bias. See 28 U.S. Code § 453 & 455. In Marshall v. Jerrico, Inc., 100 8. Ct. 1610 (1980), the Supreme Court of the United States said, , “The Due Process Clause entitles a person to an impartial and disinterested tribunal in both civil : : and criminal cases . . . The neutrality requirement helps to guarantee that life, liberty, or property will not be taken on the basis of an erroneous or : oe ; distorted conception of the facts or the law. At the same time, it preserves both the appearance and reality of fairness...” (p. 1613) ) ii : QUESTIONS PRESENTED Continued : ; . V. Whether the decision to change the Opinion from : . Unpublished to Published is warranted based on the Fifth Circuits manifest departure from the Supreme Court of Texas precedent by relying on : an Erie Guess.

Docket Entries

2019-05-28
Petition DENIED.
2019-05-07
DISTRIBUTED for Conference of 5/23/2019.
2019-05-03
Waiver of right of respondent Deutsche Bank National Trust Company to respond filed.
2019-04-26
Petition for a writ of certiorari filed. (Response due May 31, 2019)
2019-02-15
Application (18A837) granted by Justice Alito extending the time to file until April 26, 2019.
2019-02-13
Application (18A837) to extend the time to file a petition for a writ of certiorari from February 26, 2019 to April 26, 2019, submitted to Justice Alito.

Attorneys

Deutsche Bank National Trust Company
Mark D. HopkinsHopkins Law, PLLC, Respondent
Joanna, et vir Burke
Joanna Burke — Petitioner