Daniela Bowman v. Cordelia Friedman
DueProcess FifthAmendment Privacy
Whether the Tenth Circuit's ruling rejecting a person's right to a due process evidentiary hearing conflicts with the Due Process and Equal Protection Clauses
QUESTIONS PRESENTED It is a public record that petitioner is the only taxpayer in New Mexico who was deprived of property but denied due process evidentiary hearing when respondent allegedly perjured herself more than ten times and eliminated petitioner’s evidentiary hearing. : ; Question 1 presented is: whether, in the face of the facts alleged in the .complaint and therefore admitted by the motion to dismiss, the Tenth Circuit’s ruling which rejected a person has a right to a due process evidentiary hearing is in conflict with the Due Process and Equal Protection Clauses of the Constitution. Oklahoma Press Publishing Co. v. Walling, 327 U.S. 186 (1946) held that compulsory production is a valid Fourth Amendment claim where actual search and seizure does not occur but this Court required the judicial order be “validly made.” The Tenth Circuit rejected Oklahoma Press and ruled the opposite. Question 2 presented is: whether, in the face of the facts alleged in the complaint and therefore admitted by the motion to dismiss, the Tenth Circuit’s ruling which rejected Oklahoma Press as a valid standard for compulsory production claim is in conflict with “reasonableness” standard of the Fourth Amendment of the Constitution. The court below vested in itself a legislative power and changed a New Mexico statute adding text that does not exist thus rejecting the “expectation of privacy” of one’s person and one’s private papers recognized by the Constitution and this Court. The court below admitted that the actual text in the New Mexico statute does not apply to a person, but only to the government but refused to withdraw its illegal ruling supported by the non-existing text. Question 3 presented is: whether a court sua sponte changing the text of a New Mexico statute and issuing a decision on the court-modified non-existing statutory text is in direct conflict with the United States and New Mexico Constitutions.