No. 18-5960

Kenneth Gharib v. Thomas H. Casey

Lower Court: Ninth Circuit
Docketed: 2018-09-13
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: civil-contempt coercive-confinement criminal-procedure due-process indefinite-confinement judicial-discretion recalcitrant-witness-statute witness-statute
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Whether the Recalcitrant Witness Statute's eighteen-month cap on coercive confinement, or a similarly objective measure, should inform the due process limit on indefinite confinement arising from a judicial finding of civil contempt made in the absence of procedures normally required in the criminal setting, in order to guide the broad discretion accorded judges in defining such limits?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Recalcitrant Witness Statute’s eighteen-month cap on coercive confinement, or a similarly objective measure, should inform the due process limit on indefinite confinement arising from a judicial finding of civil contempt made in the absence of procedures normally required in the criminal setting, in order to guide the broad discretion accorded judges in defining such limits? i

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-17
Reply of petitioner Kenneth Gharib filed.
2018-11-30
Brief of respondent Thomas Casey in opposition filed.
2018-11-06
Response Requested. (Due December 6, 2018)
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-10-04
Waiver of right of respondent Thomas Casey to respond filed.
2018-09-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2018)
2018-08-06
Application (18A134) granted by The Chief Justice extending the time to file until September 5, 2018.
2018-07-26
Application (18A134) to extend the time to file a petition for a writ of certiorari from August 6, 2018 to September 5, 2018, submitted to The Chief Justice.

Attorneys

Kenneth Gharib
Tracy CasadioOffice of Federal Public Defender, Petitioner
Tracy CasadioOffice of Federal Public Defender, Petitioner
Thomas Casey
Kathleen J. McCarthyThe Law Office of Thomas H. Casey, Inc., Respondent
Kathleen J. McCarthyThe Law Office of Thomas H. Casey, Inc., Respondent