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Kenyon J. Garrett v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-30994 · judgment July 24, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the Respondent/Defendant can use direct evidence of threats, intimidation, coercion, fraud, and witness tampering to deprive a petitioner of his 5th and 14th Amendments rights of due process and the fundamental fairness to present my case fully and fairly. The Fifth Circuit’s opinion in this legal matter conflicts with another circuit’s opinion regarding the allowance of fraud and misconduct (obstruction, coercion) in a civil proceeding that requires this Court’s intervention. Does direct, clear and convincing evidence of the Respondent/Defendant egregious misconduct requires relief under F.R.C.P 60 (b) (3) (6)?
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Whether a Pro Se Petitioner Seventh Amendment right to a jury trial can be denied by the lower Courts in a civil proceeding, when the disputed amount is greater than twenty dollars ($20.00), and the jury trial was requested by the petitioner in writing in the Original Complaint under F.R.C.P 38?
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Whether the lower Courts committed reversible error and violation of petitioner’s Constitutional rights to present relevant, non-cumulative, evidence under F.R.C.P 60 (b) (2) (6); were the Respondents/Defendant’s clients has admitted to guilt and guilt of a third party?
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Whether cumulative-error doctrine applies to Civil Proceeding. There is circuit split regarding cumulative error applicability in civil cases which requires this Court supervisory power. Do cumulative-errors that deprive a petitioner of their Constitutional rights of fundamental fairness to present my case fully and fairly in Civil Proceeding require relief under F.R.C.P 60 (b)?
Counsel of record
For petitioner
Kenyon J. Garrett
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Aug 02 2021Rehearing DENIED.
- Jul 08 2021DISTRIBUTED.
- Jun 26 2021Petition for Rehearing filed.
- Jun 01 2021Petition DENIED.
- May 11 2021DISTRIBUTED for Conference of 5/27/2021.
- May 04 2021Waiver of right of respondent United States to respond filed.
- Mar 08 2021Petition for a writ of certiorari filed. (Response due May 7, 2021)