No. 19-6085

Frank Amodeo v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-09-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: article-iii civil-procedure civil-procedure-standing constitutional-standing criminal-forfeiture criminal-procedure due-process federal-court-procedure federal-courts jurisdiction jurisdictional-hierarchy non-merits-questions standing standing-requirement
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-11-15
Question Presented (AI Summary)

Must a federal court resolve standing issues before resolving other dispositive, non-merits questions?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. This Court's decisions establish that a federal court may resolve a case on any non-merits question. This Court holds that there is no absolute jurisdictional hierarchy for deciding the non-merits question. The Eleventh Circuit, however, concludes that Article III standing must be decided first. Must a federal court resolve standing issues before resolving other dispositive, non-merits questions? 2. In 2014, without statutory authority, the district court partially vacated a 2009 final order of forfeiture. The criminal case defendant appealed that decision, arguing the district court lacked subject matter jurisdiction. The appeals court dismissed the appeal for lack of standing. Does a criminal case defendant always have constitutional standing in the criminal case? Does a citizen's interest in ensuring Article III judicial power was not abused create constitutional standing? Did the appellate court deny the defendant due process by dismissing without allowing the defendant opportunity to prove a possessory interest? ii

Docket Entries

2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-28
Waiver of right of respondent United States of America to respond filed.
2019-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2019)
2019-07-17
Application (19A50) granted by Justice Thomas extending the time to file until September 21, 2019.
2019-07-09
Application (19A50) to extend the time to file a petition for a writ of certiorari from July 23, 2019 to September 21, 2019, submitted to Justice Thomas.

Attorneys

Frank Amodeo
Brian David HorwitzVatic Law, LLC, Petitioner
Brian David HorwitzVatic Law, LLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent