No. 19-7814

Alicia Herriott v. Paul Herriott

Lower Court: California
Docketed: 2020-03-02
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment access-to-court appeal-dismissal civil-procedure civil-rights common-law-protection due-process privileges-and-immunities recall-remittitur standing statutory-law vexatious-litigant
Key Terms:
AdministrativeLaw SocialSecurity DueProcess
Latest Conference: 2020-05-01
Question Presented (AI Summary)

Whether the dismissal of the appeal violates the Due Process Clause of the Fourteenth Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED In Honda Motor Co., Ltd. v. Oberg, 512 U.S. 415 (1994) this Court has not hesitated to find proceedings violative of due process where a party has been deprived of a well-established common-law protection against arbitrary and inaccurate adjudication. This Court recognizes that the access to court is a fundamental right to Due Process and liberty within the meaning of the Privileges and Immunities Clause, but it is declined to Defendant to recall remittitur and reinstate the appeal, which is dismissed by application of the controversial and broadly defined Statutory Law of Vexatious Litigant. In State Tax Comm'n v. Van Cott, 306 U.S. 511 (1939) "We have frequently held that, in the exercise of our appellate jurisdiction, we have power not only to correct error in the judgment under review, but to make such disposition of the case as justice requires. In this : Court supervisory power is to review and recall Remittitur to protect Petitioner’s right to Due Process. —_¢

Docket Entries

2020-05-04
Petition DENIED.
2020-04-16
DISTRIBUTED for Conference of 5/1/2020.
2020-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2020)

Attorneys

Alicia Herriott
Alicia Herriott — Petitioner