No. 19-1341

Richard A. Van Auken, as Trustee and Beneficiary v. Fletcher R. Catron, et al.

Lower Court: New Mexico
Docketed: 2020-06-04
Status: Denied
Type: Paid
Amici (2)Relisted (2)
Tags: civil-procedure civil-rights constitutional-rights due-process family-property fraud fraudulent-taking judicial-denial judicial-determination judicial-review litigation-history property-rights trust trust-contract
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2020-12-04 (distributed 2 times)
Question Presented (AI Summary)

Whether the refusal of New Mexico State Courts to provide a final judicial determination of trust contract meaning and effect, a fact central to proving claims of fraudulent and deceitful taking of family property held in trust, represents judicial denial of due process

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, after eighteen years of litigation and multiple requests for a final judicial determination of langauge in a_ six-page express trust contract, the refusal of New Mexico State Courts to provide such a final determination of trust contract meaning and effect, a fact central to proving claims of fraudulent and deceitful taking of family property held in trust, represents judicial denial of due process under the Fifth and Fourteenth Amendments to the Constitution of the United States. i

Docket Entries

2020-12-07
Rehearing DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-10-30
2020-10-05
Motion for leave to file amici brief filed by The Center for Estate Administration Reform, et al. GRANTED.
2020-10-05
Petition DENIED.
2020-07-22
DISTRIBUTED for Conference of 9/29/2020.
2020-07-06
Motion for leave to file amici brief filed by The Center for Estate Administration Reform, et al.
2020-06-01
Petition for a writ of certiorari filed. (Response due July 6, 2020)

Attorneys

Richard A. Van Auken
Richard A. Van Auken — Petitioner
Richard A. Van Auken — Petitioner
The Center for Estate Administration Reform, et al.
Charles E. BaruchJohnston Tobey Baruch, Amicus
Charles E. BaruchJohnston Tobey Baruch, Amicus