No. 23-591

Althea Miley v. Deborah J. Burns, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-12-05
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review circuit-split civil-procedure due-process eleventh-circuit issue-preclusion judicial-proceedings res-judicata rule-12b6
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals; Northern District Court of Georgia; and the Georgia State Courts' adherence to issue preclusion doctrines, departs from the Supreme Court's accepted and usual course of judicial proceedings of res judicata and the well settled Supreme Court res judicata precedents, raising a question of whether the Eleventh Circuit's and the lower courts' processes are consistent with due process?

Question Presented (OCR Extract)

QUESTION PRESENTED | Whether the Eleventh Circuit Court of Appeals; Northern District Court of Georgia; and the Georgia State Courts’ adherence to issue preclusion doctrines, departs from the Supreme Court’s accepted and usual course of judicial proceedings of res judicata and the well settled Supreme Court res judicata precedents, raising a question of whether the Eleventh Circuit’s and the lower courts’ processes are consistent with due process? ; Whether the Eleventh Circuit Court of Appeals; Northern District Court of Georgia; and the Georgia State Court’s operation of Rule 12(b)(6) decisions on res judicata; balanced against the goals of substantive and administrative efficiency; is a mechanism by which meritorious cases are disposed of in view of the relevant policies and mandate of the federal rules to determine actions on their merits; is in effect, denying litigants the : opportunity to have their claims adjudicated on the evidences and facts, is a due process violation ?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-17
DISTRIBUTED for Conference of 2/16/2024.
2023-12-08
Waiver of right of respondent Deborah J. Burns to respond filed.
2023-11-29

Attorneys

Althea Miley
Althea Miley — Petitioner
Althea Miley — Petitioner
Deborah J. Burns
J. Zachary ZimmermanSchulten Ward Turner & Weiss, LLP, Respondent
J. Zachary ZimmermanSchulten Ward Turner & Weiss, LLP, Respondent