Gary Pisner v. Robert McCarthy, et al.
DueProcess
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?
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.