David Lee Smith v. United States, et al.
DueProcess Takings
Whether the Tenth Circuit grossly abused its inherent power by imposing the sanction of appeal dismissal against appellant Hook based on its false and defamatory finding that Hook's appeal was frivolous
QUESTION PRESENTED FOR REVIEW The question presented for review is whether the United States Court of Appeals for the Tenth Circuit has so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by United States District Judge Raymond P. Moore of the United States District Court for the i District of Colorado, as to call for an exercise of the Supreme Court’s supervisory power under Supreme Court Rule 10(a). Specifically, the Tenth Circuit grossly abused its inherent power (and its power under Fed. R. App. P. 38) by imposing the sanction of appeal dismissal against appellant Hook based on its false and defamatory finding that Hook’s appeal was frivolous. This harsh and unjustified sanction arbitrarily deprived Hook of her right to appeal and receive meaningful appellate review under 28 U.S.C. § 1291, and arbitrarily deprived Hook of her First Amendment right to access to the courts and her Fifth Amendment right to due process of law; created the appearance of extreme judicial hostility to and bias against Hook, in violation of her Fifth Amendment due process right to a fair and impartial appellate panel on appeal; damaged or destroyed Hook’s personal and professional reputations, and .unjustly opened her up to attorney disciplinary proceedings by courts and bar authorities, further chilling her First Amendment right to access to the courts and her Fifth Amendment right to due process of law; and sanctioned the unlawful judicial taking of Hook and Smith’s home and personal property and their substantial equity therein without due process of law or just compensation (i.e., fair market value at the time of taking), in violation of the Due i y? oO Process Clause and the Takings Clause of the Fifth Amendment to the Constitution of the United States.