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Carol M. Kam v. John B. Peyton, Jr.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-11657 · judgment July 18, 2019


Certiorari denied · November 12, 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

Does the Rooker-Feldman Doctrine apply to two Void [not voidable but, void] “proposed” State Court Rulings produced by a former Associate Judge, who failed to acquire authority from the Judge of Record for the Dallas County Probate Court or the State Probate Court Judge, as required by State Law, to enter a Dal­ las County Probate Court and who failed to obtain a sign-off of his rulings from the Judge of Record within 30 days of their creation, as required by State Law? For the record, John B. Peyton Jr., Associate Judge who created the now expired Proposed Orders, which remain unsigned by the Judge of Record, has been re­ moved as a Judge by the State of Texas as the State has deemed him to be “unfit.”

Counsel of record

For petitioner
Carol M. Kam

For respondent
John J. Butrus
Dallas County District Attorney's Office

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 13 2020
    Rehearing DENIED.
  2. Dec 04 2019
    DISTRIBUTED for Conference of 1/10/2020.
  3. Nov 25 2019
    Petition for Rehearing filed.
  4. Nov 12 2019
    Petition DENIED.
  5. Oct 23 2019
    DISTRIBUTED for Conference of 11/8/2019.
  6. Oct 14 2019
    Waiver of right of respondent John Peyton to respond filed.
  7. Oct 08 2019
    Petition for a writ of certiorari filed. (Response due November 12, 2019)