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Ann Merlino, et al. v. Cara Buonincontri

Paid petition · Appellate Division, Supreme Court of New York, Second Judicial Department, No. 2018-10284 · judgment April 17, 2019

Certiorari denied · February 24, 2020
Pre-decision estimate: 1% cert probability

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

Question presented

Is it a violation of the Due Process clauses of the United States Constitution, 5th Amendment and 14th Amendment for a State Court Judge to conduct a hearing/investigation on his own without counsel or the parties present?

Counsel of record

For petitioner
Paul Eugene Kerson
Leavitt, Kerson & Sehati

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2020
    Petition DENIED.
  2. Jan 29 2020
    DISTRIBUTED for Conference of 2/21/2020.
  3. Dec 12 2019
    Petition for a writ of certiorari filed. (Response due January 16, 2020)