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Lewis F. Carter v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1471 · judgment August 27, 2018


Certiorari denied · October 7, 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

A. Can the district court violate the doctrine of judicial estoppel by improperly changing in the Final Order of the Court the claimed subject-matter jurisdiction of the district court taken over the civil action to admit evidence? B. Did the district court fatally lack a fully specified and disclosed subject-matter jurisdiction that could be lawfully taken over the civil action under authority of Article I, Section 8 of the U.S. Constitution, because it refused to fully disclose to the defendant whether the alleged specific jurisdiction claimed thereunder was based in the granted power to tax by Impost, Duty, or Excise? C. Did the district court fatally err in ordering judgment for the plaintiff, when it relied upon evidence that was made inadmissible fruit of the poisonous tree because of the change of subject-matter jurisdiction, which completely removed from the record of the action the alleged foundation at law that allowed the introduction of the plaintiffs assessments for

Counsel of record

For petitioner
Lewis F. Carter

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 16 2019
    Rehearing DENIED.
  2. Nov 26 2019
    DISTRIBUTED for Conference of 12/13/2019.
  3. Oct 28 2019
    Petition for Rehearing filed.
  4. Oct 07 2019
    Petition DENIED.
  5. Jul 24 2019
    DISTRIBUTED for Conference of 10/1/2019.
  6. Jul 15 2019
    Waiver of right of respondent United States to respond filed.
  7. Jan 23 2019
    Petition for a writ of certiorari filed. (Response due July 26, 2019)