No. 24-762

Gary Pisner v. Robert McCarthy, et al.

Lower Court: Fourth Circuit
Docketed: 2025-01-17
Status: Denied
Type: Paid
Relisted (2)
Tags: appellate-procedure due-process judicial-review opinion-explanation procedural-requirements right-of-appeal
Key Terms:
DueProcess
Latest Conference: 2025-09-29 (distributed 2 times)
Question Presented (AI Summary)

Is there a minimum amount of explanation in an appellate opinion necessary to meet due process requirements, to verify that an appellate court has actually treated the appeal as an of right appeal, and a lack of explanation would undermine post opinion procedures?

Question Presented (OCR Extract)

1. Is there a minimum amount of explanation in an appellate opinion necessary to meet due process requirements, to verify that an appellate court has actually treated the appeal as an of right appeal, and a lack of explanation would undermine post opinion procedures, such as a Petition to Rehear or an appeal to a higher court? 2. Fed. R. Evid. Rule 201 and the caselaw gives the parties the ability to enter documentary evidence through judicial notice; under what conditions can a party, without identifying the purpose of the documents, the material in the documents to be recognized, the grounds for taking judicial notice, with the court, ignoring the requested judicial notice process of Fed, R. Evid. 201(e), take judicial notice of documents? 3. If a trial court, such as a Federal District Court, fails to timely serve its opinion (within 30 days) and had also failed to act on multiple outstanding preliminary motions, nor conducted any hearing, in what appeared to be an oversight and simply dismissed the case would properly be corrected through Fed R. Civ. 60 rather than through app 4. eal. ii I.

Docket Entries

2025-10-06
Rehearing DENIED.
2025-09-03
DISTRIBUTED for Conference of 9/29/2025.
2025-04-18
Petition for Rehearing filed.
2025-03-24
Petition DENIED.
2025-03-05
DISTRIBUTED for Conference of 3/21/2025.
2024-09-12
Petition for a writ of certiorari filed. (Response due February 18, 2025)
2024-06-18
Application (23A1121) granted by The Chief Justice extending the time to file until September 12, 2024.
2024-06-16
Application (23A1121) to extend the time to file a petition for a writ of certiorari from July 14, 2024 to September 12, 2024, submitted to The Chief Justice.

Attorneys

Gary Pisner
Gary Steven Pisner — Petitioner
Gary Steven Pisner — Petitioner