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Laurie A. White, Judge, Section A of the Orleans Parish Criminal District Court, et al. v. Alana Cain, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-30955

Certiorari denied · February 24, 2020
Pre-decision estimate: 14% cert probability (95% interval 8%–23%)

Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below and a circuit split argued in the petition.

Question presented

Does the federal court have jurisdiction to disqualify state criminal court judges from adjudicating matters, over which they have exclusive jurisdiction, based upon an alleged unconstitutional conflict of interest created by the state’s statutory funding and fines and fees schemes? Does the due process clause disqualify state criminal court judges from hearing certain criminal matters because those judges collectively administer a statutorilycreated operating fund that is partially sourced, pursuant to state law, by certain categories of statutorily-authorized fines and fees?

Counsel of record

For petitioner
Mindy Nunez Duffourc
Burglass & Tankersley

For respondent
Kelsi Brown Corkran
Institute for Constitutional Advocacy & Protection

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2020
    Petition DENIED.
  2. Feb 05 2020
    DISTRIBUTED for Conference of 2/21/2020.
  3. Jan 16 2020
    Waiver of right of respondents Adrian Caliste, et al. to respond filed.
  4. Jan 06 2020
    Waiver of right of respondents Alana Cain, Reynaud Variste, Reynajia Variste, Thaddeus Long, Vanessa Maxwell, and others similiary situated to respond filed.
  5. Dec 20 2019
    Petition for a writ of certiorari filed. (Response due January 30, 2020)