No. 18-889

Dawn Smith, et al. v. Stephen P. Weber

Lower Court: Illinois
Docketed: 2019-01-10
Status: Denied
Type: Paid
Response Waived
Tags: appellate-court appellate-court-misrepresentation appellate-review civil-procedure constitutional-rights due-process fair-adjudicative-process illinois-state-law illinois-supreme-court-rule judicial-fairness liberty-interest oral-argument procedural-due-process state-court-procedure state-law
Key Terms:
AdministrativeLaw DueProcess JusticiabilityDoctri ClassAction
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Were the Petitioners Smith deprived, without being afforded procedural-due-process, of their federal-constitutionally-protected-liberty-interest in having their rights under Illinois-state-law adjudicated by a fundamentally-fair-adjudicative-process by the courts of the State of Illinois

Question Presented (from Petition)

QUESTION PRESENTED. 1. Were the Petitioners Smith deprived, without being afforded procedural due process of law, of their federal liberty interest in having their rights under Illinois state law adjudicated by a fundamentally fair adjudicative process by the courts of the State of Illinois where: e the Illinois Appellate Court misrepresented the supposed lack of need for oral argument; e based upon such misrepresentation, the Illinois Appellate Court dispensed with oral argument in violation of an applicable Illinois Supreme Court rule; e the Illinois Appellate Court refused to correct, by denying without explanation, the Smith’s Petition for Rehearing that demonstrated that that court, without the benefit of oral argument, utterly misapprehended their argument by attributing to them an argument they had never asserted and by failing to address the key argument upon which their appeal and right to relief depended; and/or e the Illinois Supreme Court, in violation of an applicable Illinois Supreme Court rule that conferred upon the Smiths’ an appeal as of right to that Court based upon federal and [Illinois constitutional due process violations of the Illinois Appellate Court, refused to accept the case for appeal? ii STATEMENTS RE: LIST OF ALL PARTIES AND

Docket Entries

2019-03-18
Petition DENIED.
2019-02-27
DISTRIBUTED for Conference of 3/15/2019.
2019-01-29
Waiver of right of respondent Stephen P. Weber to respond filed.
2018-12-26
Petition for a writ of certiorari filed. (Response due February 11, 2019)

Attorneys

Dawn Smith, et al.
Arthur George Jaros Jr.Law Office of Arthur G. Jaros, Jr., Petitioner
Arthur George Jaros Jr.Law Office of Arthur G. Jaros, Jr., Petitioner
Stephen P. Weber
Marie Quinlivan CzechWill County State's Attorney's Office, Respondent
Marie Quinlivan CzechWill County State's Attorney's Office, Respondent