No. 19-1443

S. O., Individually and on Behalf of Her Minor Son, B. O. v. Hinds County School District, et al.

Lower Court: Fifth Circuit
Docketed: 2020-07-01
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split civil-procedure civil-rights constitutional-interpretation due-process fifth-circuit-review judicial-procedure plain-error plain-error-review standing supreme-court-precedent unpreserved-argument unpreserved-arguments
Key Terms:
SocialSecurity FourthAmendment DueProcess CriminalProcedure Immigration Privacy
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether Fifth Circuit has again refused to follow the United States Supreme Court Per Curiam as found in Charles Earl Davis v. United States

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether Fifth Circuit has again refused to follow the United States Supreme Court Per Curiam as found in Charles Earl Davis v, United States, cites as 389 U.S, decided March 23, 2020. 2. When Fifth Circuit refuse to follow the United States and almost every other Court of Appeals in conducting a plain-error review of unpreserved argument, including unpreserved factual arguments is in line with the U.S, Supreme Court holding in United Sates v. Gonzalez-Castillo, 562 F. 3d 80, 83084 (CA12009); United States v. Romea, 385 Fed. App. 45, 49-50 (CA2 2010); United States v. Griffiths, 504 Fed. App. 122, 126127 (CA3 201 2); United States v, Wells, 163 F. 3d 889, 900 (CA4 1998); United States v. Sargent, 19 Fed. App. 268, 272 (CA6 2001) (kper curium); United States v. Sahakian, 446 Fed, App. 861, 863 ((CA7 201 1); United States v. Thomas, 518 Fed. App: 610, 612-613 (CAI1 2013) (per curium), United States v. Saro, 24 F. 3d 283, 291 (CADC 1994). 3. Whether Fifth Circuit outlier practice of refusing to review certain unpreserved factual arguments for plain error warrants review of a writ certiorari. i

Docket Entries

2020-10-05
Petition DENIED.
2020-07-15
DISTRIBUTED for Conference of 9/29/2020.
2020-07-10
Waiver of right of respondent Hinds County School District, et al. to respond filed.
2020-06-25
Petition for a writ of certiorari filed. (Response due July 31, 2020)

Attorneys

Hinds County School District, et al.
John S. HooksAdams and Reese LLP, Respondent
S.O. and and minor son B.O.
Abby Gale RobinsonAbby Robinson Law Firm PLLC, Petitioner