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K. S. v. West Virginia Department of Health and Human Resources

Paid petition · Supreme Court of Appeals of West Virginia, No. 20-0914 · judgment January 28, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Q. Whether a due process violation under the 14th Amendment exists when a State Supreme Court refuses to permit the docketing of a late notice of appeal filed under relevant rules allowing for enlargement of any court timeframe for good cause (W.Va. Rule of Appellate Procedure 39) where the same is requested because Petitioner was never notified that the relevant pleadings had been adjudicated and where Petitioner was not provided adequate notice or an opportunity to be heard at said adjudication.

Counsel of record

For petitioner
Christian John Riddell
The Riddell Law Group

For respondent
Lindsay Sara See
Office of the West Virginia Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 14 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 12 2021
    Waiver of right of respondent West Virginia Department of Health and Human Resources to respond filed.
  4. Jun 08 2021
    Petition for a writ of certiorari filed. (Response due August 2, 2021)