No. 21-7125

William F. Kaetz v. United States

Lower Court: Third Circuit
Docketed: 2022-02-15
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure coram-nobis criminal-procedure fraud-on-court fraud-on-the-court judicial-error miscarriage-of-justice rule-60 writ-of-coram-nobis
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-05-19 (distributed 2 times)
Question Presented (AI Summary)

Whether a lower court has a duty and obligation to correct a miscarriage of justice caused by fraud on the court, regardless of a harmless error of mixing civil and criminal procedures

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Federal rules of civil procedure Rule 60 and a Writ of Coram Nobis both can be used to set aside a judgment, one is for civil cases, and one is for criminal cases. : Ifa petitioner seeks to set aside a judgment to correct a miscarriage of justice and the evidence indisputably proves a miscarriage of justice caused by fraud on the court, would it be the lower courts’ duty and obligation to correct a miscarriage of justice regardless of a harmless error of mixing the two procedures? 2. Does fraud on the court principles, as in Hazel-Atlas Glass Co. v. Hartford: Empire Co., 322 U.S. 238,248 (1944), a civil case, apply to criminal cases and count as a fundamental error and a miscarriage of justice for grounds for a Writ of Coram Nobis? _ 3. Did the U.S. Attorney commit fraud on the court in the appeals court by . using documents that was a product of a fraud on the court in the district court in a motion for summary affirmance to dismiss an appeal? Page 2 of 18

Docket Entries

2022-05-23
Rehearing DENIED.
2022-05-03
DISTRIBUTED for Conference of 5/19/2022.
2022-04-15
Petition for Rehearing filed.
2022-03-21
Petition DENIED.
2022-02-24
DISTRIBUTED for Conference of 3/18/2022.
2022-02-22
Waiver of right of respondent United States to respond filed.
2022-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 17, 2022)
2021-11-29
Application (21A179) granted by Justice Alito extending the time to file until February 11, 2022.
2021-11-12
Application (21A179) to extend the time to file a petition for a writ of certiorari from December 13, 2021 to February 11, 2022, submitted to Justice Alito.

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
William Kaetz
William F. Kaetz — Petitioner