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Gregory Melvin Haynes v. State Bar of California

Paid petition · Supreme Court of California, No. S262869 · judgment October 14, 2020


Certiorari denied · October 4, 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

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

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 07 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 01 2021
    Waiver of right of respondent State Bar of California to respond filed.
  4. May 10 2021
    Petition for a writ of certiorari filed. (Response due July 26, 2021)