No. 22-1250

Peter Chien, et al. v. Scott E. Jarrett, et al.

Lower Court: Maine
Docketed: 2023-06-28
Status: Denied
Type: Paid
Relisted (2)
Tags: civil-procedure court-order due-process enforceability entry-of-appearance federal-law fourteenth-amendment legal-compliance triggering-date
Key Terms:
DueProcess
Latest Conference: 2023-11-17 (distributed 2 times)
Question Presented (AI Summary)

Does the filing of an entry of appearance within 21 days of opening the mail containing a court order missing a triggering date for the 21 day deadline to file an entry of appearance still constitute compliance with that order?

Question Presented (OCR Extract)

Question Presented for Review Does the filing of an entry of appearance within 21 days of opening the mail containing a court order missing a triggering date for the 21 day deadline to file an entry of appearance still constitute compliance with that order? The question of whether a court order without a triggering date for a deadline for compliance violates the due process clause of the Fourteenth Amendment is one of federal law. The issue is important because it affects the enforceability of court orders and the rights of parties to know when a court order will take : effect. The United States Supreme Court has jurisdiction to review this question because it is a question of federal law. The Court has previously held that the due process clause applies to state court proceedings, and the issue of whether a court order without a triggering date violates the due process clause is one that has not been definitively resolved by the Court. For these reasons, the United States Supreme Court should grant certiorari to review the question of whether a court order lacking a triggering date violates the due process clause. | =

Docket Entries

2023-11-20
Rehearing DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-10-27
Petition for Rehearing filed.
2023-10-02
Petition DENIED.
2023-08-12
2023-08-09
DISTRIBUTED for Conference of 9/26/2023.
2023-07-26
2023-06-21

Attorneys

Peter Chien, et al.
Peter Chien — Petitioner
Peter Chien — Petitioner
Scott E. Jarrett, Christopher Greenwood, Steven Broy, Dana M. Kelley, Rod Belanger, Town of Old Orchard Beach
John J. Wall IIIMonaghan Leahy. LLP, Respondent
John J. Wall IIIMonaghan Leahy. LLP, Respondent