No. 18-1462

Nadejda Rozanova, et vir v. Rafael S. Uribe

Lower Court: California
Docketed: 2019-05-24
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment constitutional-rights due-process evidence evidence-omission fair-hearing fourteenth-amendment grannis-v-ordean judicial-fairness judicial-procedure legal-procedure omission omission-of-facts omission-of-laws state-court-conflict
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the California courts violated petitioners' due process rights by omitting numerous relevant and probative facts and laws in their decisions, in conflict with this Court's holding in Grannis v. Ordean

Question Presented (OCR Extract)

QUESTION PRESENTED Pursuant to Rule 10(c):” a state court.has decided an important federal question in a way that conflicts with relevant decisions of this Court.” In U.S. Supreme Court case of Grannis v.Ordean (1914) 234 U.S. 385, 84 §. Ct. 779, 58 L. Ed. 1363 [234 U.S. 3885] the Court stated, “The fundamental requisite of due : process of law is the opportunity to be hear...“from which relevant and probative evidence has been omitted is not a fair hearing.” In petitioners’ case Courts (Superior and Appellate) decided that they allowed disrupting Due . Process (guaranteed by 14 Amendment and decision of this Court) by omitting numerous (more than 18) relative and probative facts and laws. Courts did not argue or contradicts presented facts and laws, as if they did not hear them. They just omitted them and use only facts and laws which support Courts’ legal theory. It striped petitioners from opportunity to be heard. Thus by 14 Amendment and this Court ruling in Grannis it has not been a fair hearing. It looks that omission became a common practice in California Courts since both Superior and Appellate Court use it. And this Court should stop this unconstitutional practice. Omitted facts and laws will be presented bellow in details.

Docket Entries

2019-10-07
Petition DENIED.
2019-06-26
DISTRIBUTED for Conference of 10/1/2019.
2019-06-12
Waiver of right of respondent Rafael S. Uribe to respond filed.
2019-03-25
Petition for a writ of certiorari filed. (Response due June 24, 2019)

Attorneys

Nadejda Rozanova, et al.
Nadejda L. Rozanova — Petitioner
Nadejda L. Rozanova — Petitioner
Rafael S. Uribe
Rafael S. Uribe — Respondent
Rafael S. Uribe — Respondent