No. 23-215

John F. Marchisotto v. Ocean County Prosecutor's Office

Lower Court: New Jersey
Docketed: 2023-09-07
Status: Denied
Type: Paid
Tags: 2nd-amendment 4th-amendment civil-rights constitutional-rights due-process fourth-amendment procedural-due-process red-flag-laws retaliation second-amendment
Key Terms:
DueProcess
Latest Conference: 2023-11-09
Question Presented (AI Summary)

Constitutionality-of-Red-Flag-Laws

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Constitutionality of "Red Flag” Laws: Do "Red Flag" laws, as implemented by states, infringe upon the due process rights guaranteed by the U.S. Constitution, warranting a review by this Court for potential 2. Misuse of "Red Flag” Laws: Given instances where "Red Flag" laws may be employed for retaliatory purposes or other unintended reasons, does such misuse infringe upon constitutional rights? 3. Procedural Due Process Violations: In failing to adequately consider the Petitioner's evidence and _ neglecting established legal precedent regarding in , personam jurisdiction, did the Superior Court of New Jersey Appellate Division | | | | judges violate the Petitioner's procedural | due process rights? 4. Fourth Amendment Concerns: Did the Appellate Division's oversight of potential Fourth Amendment violations, specifically regarding unreasonable searches, seizures, and governmental intrusion, constitute an error in their review? 5. Second Amendment and Retaliation: By not addressing the potential infringement of the Petitioner's Second Amendment rights and the possible retaliatory nature of the firearm seizures linked to his federal lawsuit, did the Appellate Division judges err in their judgment?

Docket Entries

2023-11-13
Petition DENIED.
2023-10-24
DISTRIBUTED for Conference of 11/9/2023.
2023-08-28
Petition for a writ of certiorari filed. (Response due October 10, 2023)

Attorneys

John Marchisotto
John F. Marchisotto — Petitioner
John F. Marchisotto — Petitioner