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Archie McCoy v. Hawaii Department of Human Services, et al.

Paid petition · Supreme Court of Hawaii, No. SCWC-19-0000711 · judgment December 15, 2021

Certiorari denied · October 3, 2022
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 proceedings to terminate parental rights, before a court permits constructive service by publication does the Fourteenth Amendment’s Due Process Clause require further efforts by the government, beyond a mother’s limited reports about the absent father, to locate the father?

  2. In proceedings to terminate parental rights, does the Due Process Clause require further efforts by the government when it becomes aware, prior to the termination, that its service of process by publication has failed to provide notice?

  3. Does the Due Process Clause require that a court appoint legal counsel to an indigent “unknown” parent facing termination of parental rights? ;

Counsel of record

For petitioner
Georgia K. McMillen
Law Office of Georgia K. McMillen

For respondent
Robert Tadao Nakatsuji
Dept. of the Attorney General, State of Hawaii

Case

Conference history
Distributed for 2 conferences

Linked docket
21M117

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jun 29 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jun 14 2022
    Waiver of right of respondent Court Appointed Special Advocates Program to respond filed.
    Main Document
  4. Jun 06 2022
    Waiver of right of respondent Hawaii Department of Human Services, et al. to respond filed.
    Main Document
  5. Jun 03 2022
    Waiver of right of respondents Craig Cammack and Jodilynn Cammack to respond filed.
    Main Document
  6. May 23 2022
    Motion (21M117) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
  7. May 03 2022
    MOTION (21M117) DISTRIBUTED for Conference of 5/19/2022.
  8. Mar 28 2022
    Motion (21M117) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
  9. Mar 28 2022
    Petition for a writ of certiorari filed. (Response due June 22, 2022)
    PetitionAppendixCertificate of Word CountProof of Service