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Anthony Pappas v. Joseph Lorintz, Individually and in His Official Capacity as Supreme Court Judge of New York, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-2701 · judgment December 21, 2018


Certiorari denied · May 20, 2019
Pre-decision estimate: 0% cert probability

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

Question presented

Did the Second Circuit Court of Appeals commit reversible error when it denied a Writ of Mandamus sought by Petitioner as a candidate for Congress to prevent the seizure of his campaign funds by a state divorce court in a case subject to recurrence? Under the extraordinary circumstances of this case featuring a four-month conversion of federal campaign funds by a bank, divorce lawyer and ex-spouse, was it a neglect of duty for the Second Circuit Court of Appeals to allow a federal district court to delay decision on an emergency application until after Election Day? In a two-sentence summary order, was it serious error for the Second Circuit Court of Appeals to disregard a prior restraint on free speech issued in 2011 by a divorce judge along with other retaliatory impositions which seriously harmed a candidate's ability to campaign for federal office?

Counsel of record

For petitioner
Anthony Pappas

For respondent
Matthew Allen Fitzgerald
McGuireWoods LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 20 2019
    Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
  2. Apr 30 2019
    DISTRIBUTED for Conference of 5/16/2019.
  3. Apr 26 2019
    Waiver of right of respondents Lorintz; State of New York to respond filed.
  4. Mar 20 2019
    Waiver of right of respondent TD Bank, N.A. to respond filed.
  5. Mar 02 2019
    Petition for a writ of certiorari filed. (Response due April 17, 2019)