No. 20-1428

Tammy Noergaard v. Christian Noergaard

Lower Court: California
Docketed: 2021-04-12
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: constitutional-rights due-process equal-protection hague-convention judicial-review jurisdiction trial-costs trial-delays trial-jurisdiction
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Does a reviewing court retain jurisdiction to review lower court decisions for due process violations under the Equal Protection Clause that occur before and during a Hague Convention trial

Question Presented (from Petition)

QUESTIONS PRESENTED ‘1. Does a reviewing Court retain jurisdiction to review lower court decisions for due process violations under the Due Process and Equal Protection Clause of the 14th Amendment of the , United States Constitution(‘Equal Protection Clause”) that occur before and during a trial in a case involving the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”); or is jurisdiction limited to violations that fall under Hague Convention Article 26 that ; occurred after the trial and even when the attorney’s ° fees represent a collateral legal consequence ? . e Does a litigant have a right to a timely trial, or ; do several years of delays result in violations of : the Equal Protection Clause, Hague Convention : . Article 2, and/or the American Declaration on the Oo Rights and Duties of Man(“American : _ Declaration”)? e Does a litigant have a fundamental right to equal justice under the law without regard to economic means in a Hague convention case, or can : : ; extreme trial costs and fees violate the Equal : Protection Clause, Hague Convention Article 22, and/or the American Declaration? 2. Can egregious misconduct during trial court proceedings affect the trial such that it violates the , Equal Protection Clause, and warrant reversal? i

Docket Entries

2021-05-17
Petition DENIED.
2021-05-05
Brief amicus curiae of International Victims Action Center and Intercept Abuse - Voices Set Free filed. (Distributed)
2021-04-22
Blanket Consent filed by Petitioner, Tammy Noergaard.
2021-04-21
DISTRIBUTED for Conference of 5/13/2021.
2021-04-14
Waiver of right of respondent Christian Noergaard to respond filed.
2021-03-12
Petition for a writ of certiorari filed. (Response due May 12, 2021)

Attorneys

Christian Noergaard
Stephen B. RubenRuben Law Firm, Respondent
Stephen B. RubenRuben Law Firm, Respondent
International Victims Action Center and Intercept Abuse - Voices Set Free
Louis Elias Lopez Jr.Louis E. Lopez Attorney at Law, Amicus
Louis Elias Lopez Jr.Louis E. Lopez Attorney at Law, Amicus
Tammy Noergaard
Tammy Noergaard — Petitioner
Tammy Noergaard — Petitioner