No. 19-7758

Lin Ouyang v. Achem Industry America, Inc.

Lower Court: California
Docketed: 2020-02-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment appeal civil-procedure civil-rights court-appointed-counsel criminal-appeal criminal-procedure due-process equal-protection equal-protection-clause fourth-amendment indigent-defendant indigent-rights misdemeanor-conviction right-to-counsel
Key Terms:
DueProcess FourthAmendment CriminalProcedure
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Whether the state court's dismissal of the appeal from misdemeanor conviction, despite the lack of assistance of counsel on appeal, violates the Equal Protection Clause of the Fourteenth Amendment

Question Presented (OCR Extract)

QUESTION PRESENTED , Question Presented No. 1 This case involves an appeal from a misdemeanor judgment entered by , Los Angeles Superior Court — unlimited civil jurisdiction against an indigent civil litigant, in the indigent’s civil lawsuit. California Court of Appeal denied the indigent’s request for court appointed counsel and dismissed the appeal without reaching its merit. . ; The first question presented is: Whether the state court's dismissal of the appeal from misdemeanor conviction, despite the lack of assistance of counsel on appeal, violates the Equal Protection Clause of the Fourteenth Amendment. Question Presented No. 2 California provides no procedure requiring notice of exemptions to . : . judgment debtor and no procedure for claiming them prior to issuance of a turnover order. | The second question presented is: Whether California enforcement of judgments law (California Code of . Civil Procedures sections 680.101 through 724.260) is consistent with due process. ; ii :

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-19
Waiver of right of respondent Achem Industry American, Inc. to respond filed.
2020-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2020)
2019-10-01
Application (19A360) to extend the time to file a petition for a writ of certiorari from December 10, 2019 to February 8, 2020, submitted to Justice Kagan.
2019-10-01
Application (19A360) granted by Justice Kagan extending the time to file until February 8, 2020.

Attorneys

Achem Industry American, Inc.
Ray HsuLaw Offices of Ray Hsu & Associates, P.C., Respondent
Ray HsuLaw Offices of Ray Hsu & Associates, P.C., Respondent
Lin Ouyang
Lin Ouyang — Petitioner
Lin Ouyang — Petitioner