Samuel Lee Smith, Jr. v. R. Everett
DueProcess FourthAmendment
Did the trial court violate the Petitioner's fundamental right to due process notice and opportunity to be heard, as guaranteed by the 5th and 14th Amendment when the trial court imposed a stay away order against the Petitioner without ever affording him notice and opportunity to be heard?
Did the trial court violated the Petitioner ’s fundamental right to due process notice and opportunity to be heard, as guaranteed by the 5th and 14th Amendment when the trial court imposed a stay away order against the Petitioner without ever affording him notice and opportunity to be heard? 3 Questions Presented Did the trial court commit reversible error by not granting a 1. temporary injunction because the trial court viewed the petition as petitions for domestic violence as a repeat/date/ sexual violence and no stalking as alleged in the petition? Did the trial court commit reversible error dismissing the 2. petition for an injunction to prevent Respondent from stalking when it denied Petitioner relief without affording him a hearing? Did the trial court commit reversible error dismissing the 3. petition for an injunction to prevent Respondent from stalking Petitioner because there was a prima facie case pled for stalking? 5