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Robert L. Schulz v. Town Board of the Town of Queensbury, et al.

Paid petition · Court of Appeals of New York, No. SSD 8 · judgment March 24, 2020


Certiorari denied · April 19, 2021
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Whether the lower Court has misapplied Minne­ sota State Bd. for Community Colls, v. Knight, 465 U.S. 271 (1984) in ruling Respondent Town Board was not obligated to respond to Petitioner’s First Amendment Petition for Redress of its knowingly false entries in a written instrument constituting a record of its public office.

  2. Whether the lower Court has overlooked Garcetti v. Ceballos, 457 U.S. 410 (2006) and Borough of Duryea u. Guarnieri, 564 U.S. 379 (2011) in ruling the Town Board was not obligated to respond to said Petition for Redress.

  3. Whether the lower Court has overlooked the His­ torical Record of the Petition Clause in ruling the Town Board was not obligated to respond to said Petition for Redress.

  4. Whether Petitioner’s Right to a “Republican Form of Government,” guaranteed by Article IV, Section 4 of the Constitution for the United States, was infringed when Respondent Town Board made knowingly false entries in a written instrument constituting a record of its public office, and re­ fused to respond to Petitioner’s First Amendment Petition for Redress of the violations.

  5. Whether a State statute can deprive a citizen of the United States of the protections afforded by the Guarantee and Petition Clauses.

Counsel of record

For petitioner
Robert L. Schulz

For respondent
Jacquelyn P. White
Miller, Mannix, Schachner & Hafner, LLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 19 2021
    Petition DENIED.
  2. Mar 24 2021
    DISTRIBUTED for Conference of 4/16/2021.
  3. Mar 05 2021
    Waiver of right of respondent Town Board of the Town of Queensbury, John Strough, Supevisor to respond filed.
  4. Feb 03 2021
    Petition for a writ of certiorari filed. (Response due March 12, 2021)