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Paul Ballerstein, et ux. v. Penelope McHatten, et al.

Paid petition · Supreme Judicial Court of Maine, No. Aro-20-97 · judgment November 3, 2020


Certiorari denied · May 3, 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.

Question presented

In this civil case, Maine courts deprived the defendants of their property, after concluding that the facts “foreclose” doing so. The trial court found that actually meeting the statutory requirements was a “factual impossibility”, but then it invoked that selfsame statute against them anyway. Gan a civil court arbitrarily override clearly written statutory requirements? The court purposefully ruled contrary to the facts on record, in violation of statutory requirements, in order to penalize one party in favor of the other. Does demonstrated judicial bias/prejudice prove insufficient Due Process, and thereby render its entire judgment invalid?

Counsel of record

For petitioner
Paul Ballerstein

For respondent
Luke M. Rossignol
Bemis and Rossignol, LLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 03 2021
    Petition DENIED.
  2. Apr 14 2021
    DISTRIBUTED for Conference of 4/30/2021.
  3. Apr 12 2021
    Waiver of right of respondents Penelope McHatten, et al. to respond filed.
  4. Apr 07 2021
    Petition for a writ of certiorari filed. (Response due May 10, 2021)