Supreme Court Report

Supreme Court of the United States · Official docket →

Gary Pisner v. Robert M. McCarthy

Paid petition · Court of Special Appeals of Maryland, No. 1037, September Term, 2018; 3041, September Term, 2018 · judgment March 18, 2020


Certiorari denied · March 1, 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.

Questions presented

  1. In this matter there was no procedural due process for the Petitioner, no notice, no review of evidence, no testimony under oath, no service of documents prior to the trial court removing the Petitioner, the beneficiary of a trust and trustee of the trust, before the trial court appointed its default court appointed trustee and before the court appointed trustee transferred all of the trust assets to a prior beneficiary of the trust, who was working with the trustee and to the appointed trustee?

  2. Does a court appointed trustee have the powers and responsibilities of a trustee that was not appointed by a court, such as the ability to issue orders, which can be enforced by a contempt proceeding; the ability to override court orders; the ability to have ex parte contacts with the judges; the ability to disregard the trust agreement?

  3. Does a court appointed trustee have the ability to use the assets of the trust, the assets, held in trust for the beneficiary, to use as consideration in an attempt to acquire a general release of liability for the trustee and his associates?

  4. Does a court appointed trustee have the ability to seek the incarceration of a beneficiary after the beneficiary moves for the court appointed trustee’s removal?

Counsel of record

For petitioner
Gary Steven Pisner

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 01 2021
    Petition DENIED.
  2. Feb 10 2021
    DISTRIBUTED for Conference of 2/26/2021.
  3. Dec 21 2020
    Petition for a writ of certiorari filed. (Response due January 28, 2021)