No. 23-993

Peter Kleidman v. Court of Appeal of California, Second Appellate District, et al.

Lower Court: California
Docketed: 2024-03-12
Status: Denied
Type: Paid
Tags: court-of-appeal due-process equal-protection error-prone-decisions judicial-procedure legal-precedent mathews-factors new-rule-of-law no-citation-rule uncitable-decisions
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Whether California's No-citation Rule is unconstitutional

Question Presented (OCR Extract)

QUESTIONS PRESENTED California Rule of Court 8.1115(a), the “No; citation Rule,” gives a California Court of Appeal the power to prohibit its decision from being cited as an authority in any other California court. Question 1. Is California’s No-citation Rule unconstitutional because it is substantively repugnant to due process? Question 2. Is California’s No-citation Rule unconstitutional because it is substantively repugnant to equal protection? Question 3. Did the Court of Appeal violate Kleidman’s right to due process by deciding a new rule of law: adversely to Kleidman, while simultaneously invoking the No-citation Rule so that the new rule is not part of California law generally? Question 4. Did the Court of Appeal violate Kleidman’s right to equal protection by deciding a : . new rule of law adversely to Kleidman, while i simultaneously invoking the No-citation Rule so that the new rule is not part of California law generally? : Question 5. When a California Court of Appeal dismisses an appeal as untimely filed, sometimes the _ | dismissal is decided with the concurrence of two justices whereas other times it is decided by a single . justice. Is this classification — appeals dismissed as . untimely with the concurrence of two justices vis-avis appeals dismissed as untimely by a single justice — violative of equal protection? :

Docket Entries

2024-05-13
Petition DENIED.
2024-04-23
DISTRIBUTED for Conference of 5/9/2024.
2024-04-18
Letter of April 3, 2024 from petitioner received.
2024-02-26
2023-11-22
Application (23A465) granted by Justice Kagan extending the time to file until February 24, 2024.
2023-11-16
Application (23A465) to extend the time to file a petition for a writ of certiorari from December 26, 2023 to February 24, 2024, submitted to Justice Kagan.

Attorneys

Peter Kleidman
Peter Kleidman — Petitioner
Peter Kleidman — Petitioner