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Angela L. Carroll v. Timothy W. Miller

Paid petition · Supreme Court of Wisconsin, No. 2017AP2132 · judgment June 16, 2020


Certiorari denied · October 13, 2020
Pre-decision estimate: 8% cert probability (95% interval 6%–12%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Judge J.M. Bitney of the Wisconsin Circuit Court was Facebook “friends” with Angela Carroll (“Carroll”), a party appearing before him. Judge Bitney and Carroll did not have any communications on Facebook (or otherwise) regarding the case, the party opponent did not assert that Judge Bitney was subjectively bias or treated him unfairly, and Judge Bitney confirmed the Facebook “friendship” had no impact on his Order. Judge Bitney, who stands for reelection every six (6) years, had over 2,000 “friends” on Facebook, including multiple witnesses of and the sister of the party opponent. The opposing party, however, asserted that the Facebook “friendship” between party and judge violated the Due Process Clause of the Fourteenth Amendment. The Wisconsin Supreme Court agreed. This Petition presents the following question: Was the Due Process Clause of the Fourteenth Amendment violated by a judge and party being Facebook “friends”?

Counsel of record

For petitioner
Brandon Michael Schwartz
Schwartz Law Firm

For respondent
Stephanie Lee Finn
Herrick & Hart , S.C

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 13 2020
    Petition DENIED.
  2. Sep 23 2020
    DISTRIBUTED for Conference of 10/9/2020.
  3. Sep 18 2020
    Reply of petitioner Angela Carroll filed. (Distributed)
  4. Sep 11 2020
    Brief of respondent Timothy Miller in opposition filed.
  5. Aug 17 2020
    Blanket Consent filed by Petitioner, Angela Carroll
  6. Jul 31 2020
    Petition for a writ of certiorari filed. (Response due September 14, 2020)