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William G. Clowdis, Jr. v. Virginia Board of Medicine

Paid petition · Supreme Court of Virginia, No. 108328 · judgment May 7, 2018


Certiorari denied · October 29, 2018
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Did the Court of Appeals of Virginia err in holding moot and failing to rule substantively on Clowdis’ claim that the Virginia Board of Medicine violated Full Faith and Credit by declaring him a convicted felon based upon a felony charge in a Colorado Criminal Court that was dismissed with prejudice?

  2. Did the Court of Appeals of Virginia err by holding ambiguously either that: (a) the Virginia Board of Medicine had subject matter jurisdiction as an Administrative Court to declare Clowdis a convicted felon even though no criminal court ever convicted him of a felony; or (b) that Clowdis waived his right to object to the lack of subject matter jurisdiction making it “law of the case” when Clowdis did not appeal within 30 days of the Board’s initial unilateral suspension of his license in 2007?

  3. Did the Virginia Court of Appeals err by upholding, due to sovereign immunity, the Virginia Board of Medicine’s unilateral expansion of its modes of procedure to act beyond the limits which the Virginia legislature has statutorily authorized?

  4. Did the Virginia Court of Appeals err by alternatively applying “law of the case” and/or sovereign immunity to permit the Virginia Board of Medicine to permanently evade substantive judicial review of Clowdis’ repeated claims of constitutional and statutory violations, including his Fourteenth Amendment due process rights?

Counsel of record

For petitioner
George Constantine Pontikes
George C. Pontikes and Assoc., P.C.

For respondent
Toby Jay Heytens
Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 29 2018
    Petition DENIED.
  2. Oct 10 2018
    DISTRIBUTED for Conference of 10/26/2018.
  3. Oct 02 2018
    Waiver of right of respondent Virginia Board of Medicine to respond filed.
  4. Sep 25 2018
    Petition for a writ of certiorari filed. (Response due October 29, 2018)