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Wesley Perkins v. John Lipscombe, Judge, County Court at Law No. 3, Travis County, Texas, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-50682 · judgment December 31, 2020


Certiorari denied · June 1, 2021
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a petition filed soon after the judgment below, and counsel who has filed here before.

Questions presented

Statutory Challenge

  1. Is the TEX. TRANSP. CODE “unconstitutional,” as applied? / Pleading standard

  2. Was dismissal abusive? Compelled Arbitration

  3. Is PITMAN Disqualified? Arising in the appeals Ex post facto.

  4. Are standards created on the fly enforceable? Jurisdiction.

  5. Are administratively promulgated rules jurisdictional?

  6. May a § 451 judge ever delegate such authority?

Counsel of record

For petitioner
Wesley E. Perkins

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 01 2021
    Petition DENIED.
  2. May 11 2021
    DISTRIBUTED for Conference of 5/27/2021.
  3. Mar 07 2021
    Petition for a writ of certiorari filed. (Response due April 22, 2021)