Supreme Court of the United States · Official docket →
Joanna Burke, et vir v. Deutsche Bank National Trust Company
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-20026 · judgment November 28, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the Court of Appeals for the Fifth Circuit correctly applied the well-established exception to the law-of-the-case doctrine for appellate decisions that commit clear error and, if followed, would work a manifest injustice. Whether the US District Court correctly concluded that the Court of Appeals for the Fifth Circuits' decision in the prior appeal was clearly erroneous to the extent it upheld an assignment by an entity purporting to act solely as a "nominee" for a dissolved principal with unknown successors. Whether admitted and obvious Lender Income Fraud and Forgery on a Mortgage Application is exempt from the definition of 'Predatory Lending' as defined on the Department of Justice website and in the Texas Penal Code § 32.21(a)(1)(A), can be excluded from 'de novo' review by the Panel [s]. Whether the Fifth Circuit Court of Appeals is bias. See 28 U.S. Code § 453 & 455. In Marshall v. Jerrico, Inc., 100 S. Ct. 1610 (1980), the Supreme Court of the United States said, "The Due Process Clause entitles a person to an impartial and disinterested tribunal in both civil and criminal cases. The neutrality requirement . . helps to guarantee that life, liberty, or property will not be taken on the basis of an erroneous or distorted conception of the facts or the law. At the same time, it preserves both the appearance and reality of fairness. "(p. 1613) . .
Counsel of record
For petitioner
Joanna Burke
For respondent
Mark D. Hopkins
Hopkins Law, PLLC
Proceedings
- May 28 2019Petition DENIED.
- May 07 2019DISTRIBUTED for Conference of 5/23/2019.
- May 03 2019Waiver of right of respondent Deutsche Bank National Trust Company to respond filed.
- Apr 26 2019Petition for a writ of certiorari filed. (Response due May 31, 2019)
- Feb 15 2019Application (18A837) granted by Justice Alito extending the time to file until April 26, 2019.
- Feb 13 2019Application (18A837) to extend the time to file a petition for a writ of certiorari from February 26, 2019 to April 26, 2019, submitted to Justice Alito.