Supreme Court Report

Supreme Court of the United States · Official docket →

Marby Hogen, et al. v. Steven C. Hogen, as Personal Representative of the Estate of Arline H. Hogen, Deceased, et al.

Paid petition · Supreme Court of North Dakota, No. 20180143 · judgment January 15, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Does the decision of the Supreme Court of North Dakota deprive the Petitioners of established property rights in violation of the due process and equal protection clauses of the Fourteenth Amendment to the Constitution of the United States?

  2. Has the State of North Dakota, acting through its judiciary, deprived the Petitioners of their vested property rights without any real opportunity to protect such rights in violation of the Due Process Clause of the Fourteenth Amendment?

  3. Were Petitioners denied vested property interests, in violation of the Due Process Clause of the Fourteenth Amendment, when the State of North Dakota’s judiciary determined the Petitioners’ property interests could be extinguished by either a court appointed personal representative or court appointed trustee although Petitioners were never provided notice, nor made parties to either the probate proceedings or trust litigation that occurred after their property interests were created?

Counsel of record

For petitioner
David Garaas
Garaas Law Firm

For respondent
Robert Garold Hoy
Ohnstad Twichell, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jun 12 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. May 23 2019
    Waiver of right of respondents Steven C. Hogen, et al. to respond filed.
  4. May 13 2019
    Petition for a writ of certiorari filed. (Response due June 17, 2019)