No. 24-819

Larry E. Parrish v. Supreme Court of Tennessee

Lower Court: Tennessee
Docketed: 2025-02-03
Status: Denied
Type: Paid
Tags: due-process fourteenth-amendment judicial-bias recusal structural-error subject-matter-jurisdiction
Key Terms:
DueProcess Punishment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-04-04
Question Presented (AI Summary)

Whether Rule 10B of the Tennessee Supreme Court Rules constitutes a structural constitutional violation of the Fourteenth Amendment's Due Process Clause and whether litigants have an unconditional right to access a constitutionally qualified judge

Question Presented (OCR Extract)

1. Is Rule 10B, Rules Of The Supreme Court Of The State Of Tennessee (“ Rule 10B ”) (App. C, No. 6) (App. pp. 7a-10a) a structural constitutional violation1 of the Fourteenth Amendment, Due Process Clause, United States Constitution (“ Fourteenth Amendment ”) (App. C, No. 1) (App. C p. 5a)? 2. If Rule 10B (App. C pp. 7a-10a), itself, is a structural constitutional violation of the Fourteenth Amendment, is Rule 10B, per se, facially unconstitutional? 3. Is the right of every litigant in the United States to access a judge who, according to Williams v. Pennsylvania , 579 U.S. 1 (2016) (“ Williams ”)2 and Rippo v. Baker, 580 U.S. 285 (2017) (“ Rippo ”), is constitutionally qualified an unconditional, structural constitutional right?3 1. Zachary L. Henderson, A Comprehensive Consideration of the Structural-Error Doctrine , 85 Mo. L. Rev. 965 (2020). 2. Lauren Keane, Williams v. Pennsylvania: The Intolerable Image of Judicial Bias , 49 Loy. U. Chi. L.J. 181 (2017). 3. On January 3, 2003, Slavin filed a motion requesting that Ladd recuse himself . . . BPR contends that Slavin’s failure to seek recusal in a timely manner has foreclosed this issue. . . . “The failure to seek recusal in a timely manner results in a waiver of a party’s right to question a judge’s impartiality.” Id. Even though there is evidence to support a finding that the recusal issue was waived for failure to raise it in a timely manner, we nevertheless prefer to address the issue. Bd. of Prof’l Responsibility v. Slavin , 145 S.W.3d 538, 547-48 (Tenn. 2004) ii 4. Is the structural constitutional right of every litigant in the United States to access a court with subject matter jurisdiction a companion structural constitutional right of litigants, access to a judge who is constitutionally qualified?

Docket Entries

2025-04-07
Petition DENIED.
2025-03-19
DISTRIBUTED for Conference of 4/4/2025.
2025-01-30
Petition for a writ of certiorari filed. (Response due March 5, 2025)
2025-01-03
Application (24A626) granted by Justice Kavanaugh extending the time to file until January 30, 2025.
2024-11-05
Application (24A626) to extend the time to file a petition for a writ of certiorari from December 8, 2024 to January 30, 2025, submitted to Justice Kavanaugh.

Attorneys

Larry Parrish
Larry Edward ParrishParrish Lawyers, P.C., Petitioner
Larry Edward ParrishParrish Lawyers, P.C., Petitioner