No. 19-1433

Autumn Stavely v. Jeffery G. Norman, et al.

Lower Court: Utah
Docketed: 2020-06-29
Status: Denied
Type: Paid
Tags: 14th-amendment appellate-review change-of-venue due-process fourteenth-amendment judicial-bias judicial-sanctions Question not identified. sanctions venue-change
Key Terms:
DueProcess
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Did the Supreme Court of Utah violate Petitioner's Fourteenth Amendment due process rights when it sanctioned her and her counsel for seeking appellate review of the district court's decision not to change venue or disqualify the judge based on bias?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Did the Supreme Court of Utah violate Petitioner Autumn Stavely’s and her counsel’s Fourteenth Amendment’s due process rights when it sanctioned both Ms. Stavely and her counsel for merely seeking appellate review of the district court’s decision not to change venue or to disqualify the district court judge based upon allegations of bias? (The U.S. Supreme Court had previously decided that it is a violation of the Fourteenth Amendment to sanction a party or their attorney for seeking a judge’s disqualification or change of venue. See Holt v. Virginia, 381 U.S. 131, 136, 85 S.Ct. 13875,14 L.Ed.2d 290 (1965)). Is an Appellate Court required to review a district court’s denial of a motion to disqualify a judge or motion for a change of venue when the district judge had extrajudicial relationships with two defendants: one who he had over to his home for dinner; and a second defendant who was his brother-in-law’s lifelong friend starting from high school?

Docket Entries

2020-10-13
Petition DENIED.
2020-09-16
DISTRIBUTED for Conference of 10/9/2020.
2020-08-28
Brief of respondents Ryan Stolworthy, M.C., and Brandon Durfee, PA-C in opposition filed.
2020-07-28
Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2020, for all respondents.
2020-07-23
Motion of Ryan Stolworthy, et al. to extend the time to file a response from July 29, 2020 to August 28, 2020, submitted to The Clerk.
2020-06-16
Petition for a writ of certiorari filed. (Response due July 29, 2020)

Attorneys

Autumn Stavely, et al.
Robert Dwight StrieperStrieper Law Firm, Petitioner
Ryan Stolworthy, M.C., and Brandon Durfee, PA-C
Sean Cameron MillerRichards Brandt Miller Nelson, Respondent
Sean C. MillerRichards Brandt Miller Nelson, P.C., Respondent