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Phillip B. Leiser, et al. v. August McCarthy, et al.

Paid petition · Supreme Court of Virginia, No. 170182 · judgment July 17, 2017

Certiorari denied · April 2, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does a state trial court violate the procedural due process clause of the 14th Amendment when it denies, sua sponte, a timely-filed motion for sanctions, without first conducting a hearing?

  2. Can the Virginia Supreme Court (VSC) constitutionally exercise discretionary appellate review, while simultaneously characterizing its decisions denying appellate review as decisions that are “on the merits,” without violating the substantive due process clause of the 14th Amendment?

Counsel of record

For petitioner
Phillip B. Leiser
The Leiser Law Firm

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 02 2018
    Petition DENIED.
  2. Mar 13 2018
    DISTRIBUTED for Conference of 3/29/2018.
  3. Jan 22 2018
    Petition for a writ of certiorari filed. (Response due February 26, 2018)