No. 20-1823

K. S. v. West Virginia Department of Health and Human Resources

Lower Court: West Virginia
Docketed: 2021-07-01
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment appellate-procedure civil-procedure court-timeframe due-process good-cause notice-of-appeal procedural-fairness state-supreme-court
Key Terms:
ERISA DueProcess JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether a due process violation under the 14th Amendment exists when a State Supreme Court refuses to permit the docketing of a late notice of appeal

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW Q. Whether a due process violation under the 14 Amendment exists when a State Supreme Court refuses to permit the docketing of a late notice of appeal filed under relevant rules allowing for enlargement of any court timeframe for good cause (W.Va. Rule of Appellate Procedure 39) where the same is requested because Petitioner was never notified that the relevant pleadings had been adjudicated and where Petitioner was not provided adequate notice or an opportunity to be heard at said adjudication. i

Docket Entries

2021-10-04
Petition DENIED.
2021-07-14
DISTRIBUTED for Conference of 9/27/2021.
2021-07-12
Waiver of right of respondent West Virginia Department of Health and Human Resources to respond filed.
2021-06-08
Petition for a writ of certiorari filed. (Response due August 2, 2021)

Attorneys

K. S.
Christian John RiddellThe Riddell Law Group, Petitioner
Christian John RiddellThe Riddell Law Group, Petitioner
West Virginia Department of Health and Human Resources
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent