No. 23-5184

Kinley MacDonald v. Lea-Anne Sutton, Judge, District Court of Maine, et al.

Lower Court: First Circuit
Docketed: 2023-07-25
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-review child-custody civil-rights constitutional-rights due-process family-law family-rights hearsay-evidence judicial-misconduct jurisdiction standing
Latest Conference: 2024-02-16 (distributed 2 times)
Question Presented (from Petition)

1) Can a trial court open and remove children in protective custody case based solely on hearsay (because prohibited by State Statute) in secrete and in absence of jurisdiction?

2) Can a trial court threaten a distressed Mother with further decreased contact with her children to coerce an agreement into an admission of guilt so Child abuse/Neglect without facts or evidence of child abuse/neglect in that agreement or elsewhere?

3) Can Defendants create Systemic barriers to reaching counsel, deny a Family Opportunity of mandated Colloquy review 8, and appeal on issues, such as abuse of process, jurisdiction, Fraud Upon the Court, abuse of discretion and judicial misconduct to force a trial determination on parental rights on a family deprived of the fundamentally fair opportunity to litigate the facts of a Court record (accuracy of transcripts, orders, evidence and findings)?

4) Can a State Court of last resort declare a new standard of review of evidence against a mother of three with PTSD, depression to "Preponderance of evidence" that a diagnosis is, in and of itself, "jeopardy to Children" when the Supreme Court has long declared to State courts from presumption that a mother of three are unfit parents (Stanley v. Illinois, 405 U.S. 645, 26-9) (Cites)?

5) Can State Courts of last resort deny appeals and errors of am provbergs cedtesS of the trial Court abuses then echo these abuses to limit and inhibit a Family's right to receive Counsel on oral appeal by Ordering Counsel NOT to Cite Constitutional/Federal Questions on a Family's behalf?

6) Can Sex Divided States District Court Refuse Recusal where there is Swede of Cause Counts Unconstitutional Acts against the Family?

Question Presented (AI Summary)

Can a final court open and remove children in protective custody case based solely on hearsay evidence prohibited by state statute in secret and in absence of jurisdiction?

Docket Entries

2024-02-20
Rehearing DENIED.
2024-01-17
DISTRIBUTED for Conference of 2/16/2024.
2023-10-24
2023-10-02
Petition DENIED.
2023-09-07
DISTRIBUTED for Conference of 9/26/2023.
2022-12-21
Petition for a writ of certiorari before judgment and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2023)

Attorneys

Kinley MacDonald
Kinley MacDonald — Petitioner