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Gregory Melvin Haynes v. State Bar of California
Paid petition · Supreme Court of California, No. S262869 · judgment October 14, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
I Does the California Reciprocal attorney discipline statute—Business and profession code 6049.1 - violate the standard set forth in Selling v Radford. 243 U. S. 46, 51 (1917) because it does not provide for a review of the discipline imposed by another jurisdiction for insufficiency of proof or for some other reason which would make the imposition of discipline unjust, where Selling v Radford. 243 U. S. 46, 51 (1917) requires infirmity of prove and any other reason that would make the imposition unjust as well as due process considerations . II Is the California Supreme Court’s imposition of reciprocal discipline in In RE Haynes in violation of Selling v Radford. 243 U. S. 46, 49 (1917) because the it imposed discipline base on a foreign jurisdiction imposition of discipline where the foreign jurisdiction—the United States District Court for the Northern District of California-- based its determination of discipline on a summary judgment record, as opposed to an evidentiary hearing, in violation of its local rules, which requires a findings of fact, and used a preponderance of the evidence standard where both the district court and California Court required a clear and convincing standard. Anderson v. Liberty lobby.Inc 477 U.S.242,257, (1986); Tolan v. Cotton. 572 U.S. 650, 656 (2014) (per curiam) Parties The parties to this action the Supreme Court of the State of California and petitioner Gregory M. Haynes
Counsel of record
For petitioner
Gregory M. Haynes
For respondent
Robert G. Retana
State Bar of California, Office of General Counsel
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Jul 07 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 01 2021Waiver of right of respondent State Bar of California to respond filed.
- May 10 2021Petition for a writ of certiorari filed. (Response due July 26, 2021)