Sabrina Graham v. Thomas S. Wininger
DueProcess
whether-graham's-rights-were-violated
QUESTIONS PRESENTED 1) Whether Graham’s substantial rights and right to procedural due process and fundamental fairness : guaranteed by the Fourteenth Amendment were violated when the Indiana court in plain error affirmed the trial , court judgment without having the trial court enter the required findings and conclusions pursuant to Rule 52 of the Indiana Rules of Trial Procedure, as requested; which decision conflicts with state and federal courts. 2) Whether the Indiana court, in affirming the trial court judgment, failed to properly discharge its appellate function under Rule 52 of the Indiana Rules of Trial Procedure, which specifies that when requested by the parties the trial court "shall find the facts specially and . state its conclusions thereon", and “{t]he court’s failure to find upon a material issue upon which a finding of fact is : required by this subsection or this rule shall not be resolved by any presumption.” 3) Whether the Indiana court violated procedural due process required by the Fourteenth Amendment and affected Graham’s substantial rights with its failure to issue an opinion regarding Graham’s entitlement to quantum meruitunjust enrichment damages. ; 4) Whether the trial court violated the due process clause of the Fourteenth Amendment and _ affected Graham’s substantial rights with its appearance of bias and . failure to remain impartial. 5) Whether due process requires a ruling in Graham’s ; favor on all applicable issues.