No. 24-6205

Nelson Bruce v. Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust C, et al.

Lower Court: South Carolina
Docketed: 2024-12-27
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-review constitutional-rights due-process federal-law rooker-feldman-doctrine seventh-amendment
Key Terms:
DueProcess
Latest Conference: 2025-05-15 (distributed 2 times)
Question Presented (AI Summary)

Whether the South Carolina Court of Appeals violated Petitioner's due process rights by limiting appellate review to pleadings and refusing to consider the full record, thereby denying meaningful appellate review

Question Presented (from Petition)

1. Whether the South Carolina Court of Appeals violated Petitioner's due process rights under the Fourteenth Amendment by limiting its review to the pleadings and refusing to consider the full record on appeal, including critical evidence and exhibits, thereby denying Petitioner a meaningful appellate review. 2. Whether the South Carolina courts violated Petitioner's Seventh Amendment right to a Trial by Jury by dismissing Petitioner ’s counterclaims without addressing his valid demand for a jury trial on statutory claims under the FDCPA and TILA. 3. Whether the ongoing practice of selective review by South Carolina appellate courts, which limits consideration to the pleadings and disregards the full record, violates the due process rights of litigants and constitutes a systemic issue affecting the public interest, thus warranting this Court's intervention. 4. Whether the automatic stay under 28 U.S.C. § 2101(f) applies while this petition is pending before the U.S. Supreme Court, and whether further proceedings in the South Carolina courts are stayed as a matter of law until a final determination on the petition is made by this Court. 5. Whether Petitioner has the right to seek review by the U.S. Supreme Court under the Rooker-Feldman Doctrine, as Petitioner is raising federal constitutional claims challenging the state court's violation of due process and his right to a Trial by Jury. ( r» 3

Docket Entries

2025-05-19
Rehearing DENIED.
2025-04-29
DISTRIBUTED for Conference of 5/15/2025.
2025-03-19
2025-02-24
Petition DENIED.
2025-02-06
DISTRIBUTED for Conference of 2/21/2025.
2024-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 27, 2025)

Attorneys

Nelson Bruce
Nelson L. Bruce — Petitioner
Nelson L. Bruce — Petitioner