No. 23-1336

Noel West Lane, III v. Matthew Curtis Witt, et al.

Lower Court: Tenth Circuit
Docketed: 2024-06-25
Status: Denied
Type: Paid
Response Waived
Tags: bankruptcy bankruptcy-procedure due-process fair-hearing fourteenth-amendment judicial-discretion manifest-fraud pro-se-litigants pro-se-litigation procedural-error
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Should the Supreme Court provide guidance on mandatory accommodation of judicial discretion to ensure fair hearings for pro se litigants and clarify its decisions on due process violations when judicial discretion is used in error?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW In Summary, should the Supreme Court issue guidance to state courts on unaddressed, mandatory accommodation to judicial discretion to provide fair hearing to all litigants and clarify its decisions in Bronson v. Schulten,104 U. S. 410, (1881) versus Hazel-Atlas Glass Co. v Hartford-Empire Co., 322 U.S. 238 .(1944) so that the due process clause of the Fourteenth Amendment is not violated when judicial discretion is used in error and a state court does not void a pro se litigant’s or any litigant’s procedural errors when the litigant has clearly presented the facts in evidence of manifest fraud on the court? Specifically, I. Did the Bankruptcy Court; The Bankruptcy Appellate Panel; and the 10‘ Circuit Court of Appeals error in not using their judicial discretion to void two procedural errors made by Petitioner? Il. Were the Bankruptcy Court; The Bankruptcy ii Appellate Panel; and the 10‘ Circuit Court of Appeals in error in not reviewing the substantive arguments made by Petitioner as to, why based on the facts of this case that the normal procedural rules for dismissal should not have been followed? III. Should the Supreme Court issue or remand to the lower courts instructions to provide guidance on mandatory accommodations related to judicial discretion in cases of false testimony, vindictive accusations, proceedings that require a technical response and other instances of where pro se litigants are placed at an unfair advantage in litigation based upon their financial resources to hire legal representation?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-07
DISTRIBUTED for Conference of 9/30/2024.
2024-07-19
Waiver of right of respondents Torrey Livenick, Livenick Law, LLC to respond filed.
2024-06-20
2024-02-08
Application (23A735) granted by Justice Gorsuch extending the time to file until June 29, 2024.
2024-02-01
Application (23A735) to extend the time to file a petition for a writ of certiorari from April 30, 2024 to June 29, 2024, submitted to Justice Gorsuch.

Attorneys

Matthew Witt and Nicole Witt
K. Jamie BuechlerBuechler Law Office, LLC, Respondent
K. Jamie BuechlerBuechler Law Office, LLC, Respondent
Noel Lane
Noel West Lane III — Petitioner
Noel West Lane III — Petitioner
Torrey Livenick, Livenick Law, LLC
Torrey LivenickLivenick Law, LLC, Respondent
Torrey LivenickLivenick Law, LLC, Respondent