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Paul Maravelias v. David DePamphilis
Paid petition · Supreme Court of New Hampshire, No. 2018-0376 · judgment February 21, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The NH Supreme Court permits itself through “Rule 23” to “award attorney’s fees related to an appeal” “in extraordinary cases” if “deemed by the court to have been frivolous or in bad faith”. In 2018, they fully resolved Petitioner’s appeal on the merits without any suggestion it was frivolous or in bad faith. Months later in 2019, they granted Respondent’s post-mandate motion for punitive attorney’s fees with no explanation. They denied pro se Petitioner any opportunity to contest Respondent’s fraudulent fees itemization totaling $4,900 over a 6-month period, when only fees in connection with two 10/19/18 pleadings ($530 max) had been sought and granted. The Questions Presented Are
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Did the NHSC violate the Due Process Clause to deny Petitioner’s requested pre-deprivation hearing and by failing to make a single finding of fact in support, while exercising original jurisdiction over the “extraor dinary’ sanction?
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Did the NHSC retaliate against Petitioner to punish his critical speech, violating the 1st Amendment, and/or violate the “class of one” Equal Protection doctrine by issuing a two-sentence Order awarding $4,900 against him?
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Is NHSC Rule 23 facially invalid under the 14th Amendment for vagueness and/or substantial lack of due process protections?
Counsel of record
For petitioner
Paul J. Maravelias
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 07 2019Petition DENIED.
- Aug 21 2019DISTRIBUTED for Conference of 10/1/2019.
- Jun 27 2019Petition for a writ of certiorari filed. (Response due August 2, 2019)