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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


Certiorari denied · May 28, 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

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

Case

Conference history
Distributed for 1 conference

Linked docket
18A837

Proceedings

  1. May 28 2019
    Petition DENIED.
  2. May 07 2019
    DISTRIBUTED for Conference of 5/23/2019.
  3. May 03 2019
    Waiver of right of respondent Deutsche Bank National Trust Company to respond filed.
  4. Apr 26 2019
    Petition for a writ of certiorari filed. (Response due May 31, 2019)
  5. Feb 15 2019
    Application (18A837) granted by Justice Alito extending the time to file until April 26, 2019.
  6. Feb 13 2019
    Application (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.