No. 24-214

Karen E. Ellingstad, et al. v. Kake Tribal Corporation, et al.

Lower Court: Ninth Circuit
Docketed: 2024-08-27
Status: Denied
Type: Paid
Response Waived
Tags: appellate-procedure constitutional-rights due-process fifth-amendment first-amendment oral-argument
Key Terms:
DueProcess FirstAmendment FifthAmendment Jurisdiction
Latest Conference: 2024-10-11
Question Presented (AI Summary)

Whether the Ninth Circuit's policy of denying oral argument violates litigants' constitutional rights to due process and a day in court

Question Presented (from Petition)

QUESTIONS PRESENTED Q-1. Whether the restrictive policy and practice of the district court and of the Ninth Circuit not to hear oral argument denies the parties their “day in court” and impairs their right to appeal. Q-2 Whether the First Amendment and the Fifth Amendment support a litigant’s right to appear in court — in person or by counsel, before the court decides the merits of the litigation — in order to present oral argument. Q-3 Whether the Ninth Circuit’s policy of denying oral argument is in conflict with the practice of the other courts of appeals and of this Court, which customarily or often allow an to present an oral argument to the court. Q-4 Should this Court adopt a uniform policy requiring all the lower federal courts to allow oral argument at least once before deciding the merits of a case? —ii—

Docket Entries

2024-10-15
Petition DENIED.
2024-09-18
DISTRIBUTED for Conference of 10/11/2024.
2024-09-12
Waiver of right of respondent Kake Tribal Corporation, Jeffrey W. Hills, et al. to respond filed.
2024-06-17
Petition for a writ of certiorari filed. (Response due September 26, 2024)
2024-04-15
Application (23A916) granted by Justice Kagan extending the time to file until June 16, 2024.
2024-04-06
Application (23A916) to extend the time to file a petition for a writ of certiorari from April 17, 2024 to June 16, 2024, submitted to Justice Kagan.

Attorneys

Kake Tribal Corporation, Jeffrey W. Hills, et al.
Christopher J SlotteeSchwabe Williamson & Wyatt P.C., Respondent
Christopher J SlotteeSchwabe Williamson & Wyatt P.C., Respondent
Karen E. Ellingstad, et al.
Frederick W. TriemFred W. Triem, Atty. at Law, Petitioner
Frederick W. TriemFred W. Triem, Atty. at Law, Petitioner