Supreme Court Report

Supreme Court of the United States · Official docket →

Rodney Hogen, et al. v. Steven C. Hogen

Paid petition · Supreme Court of North Dakota, No. 20180325 · judgment May 16, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 3% 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 Marby and Susan Hogen 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 a court appointed personal representative although Petitioners Marby and Susan Hogen were never provided notice, nor made parties to the probate proceedings that occurred after their property interests were created?

  4. Did the North Dakota judiciary, under claimed inherent powers, violate Petitioner Rodney Hogen’s First and Fourteenth Amendment constitutional rights when it imposed a sanction that required him to pay all post-remand attorney fees of the personal representative?

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. Sep 04 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Aug 22 2019
    Waiver of right of respondent Steven C. Hogen to respond filed.
  4. Aug 07 2019
    Petition for a writ of certiorari filed. (Response due September 13, 2019)