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James Joseph Knochel v. Amy Fackrell, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-17326 · judgment December 20, 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.

Question presented

Petitioner filed a next friend petition for a writ of habeas corpus to the United States District Court, but was declared vexatious after asking for the .evidentiary hearing required by the case law. The Arizona State Court’s public record and videos posted to YouTube fully establish Petitioner’s allegations of fraud on the United States Court. The questions presented: #1 - Does Whitmore v. Arkansas, 495 U.S. 149, require an evidentiary hearing before dismissing a next friend’s petition for writ of habeas corpus, or is this just a suggestion? #2 - May a petitioner be declared vexatious by the United States Court without an evidentiary hearing to consider alleged evidence of fraud on the court? #3 - May a respondent to a petition in the United States Court ‘assist’ the party to the petition - their involuntary client - by asking for the proceeding’s dismissal? #4 - Does the appointment of a guardian for a party to a habeas petition foreclose the United States Court from considering a next friend’s petition alleging violation of the Ward’s rights?

Counsel of record

For petitioner
James Joseph Knochel

For respondent
Drew Curtis Ensign
Office of the Attorney General

Case

Conference history
Distributed for 3 conferences

Linked docket
21A512, 22A181

Proceedings

  1. Dec 05 2022
    Rehearing DENIED.
  2. Nov 09 2022
    DISTRIBUTED for Conference of 12/2/2022.
  3. Oct 27 2022
    Petition for Rehearing filed.
  4. Oct 27 2022
    Motion for leave to proceed further herein in forma pauperis.
  5. Oct 11 2022
    Application (22A181) denied by the Court.
  6. Oct 03 2022
    Petition DENIED.
  7. Sep 21 2022
    DISTRIBUTED for Conference of 10/7/2022.
  8. Sep 21 2022
    Application (22A181) referred to the Court.
  9. Sep 02 2022
    Application (22A181) refiled and submitted to Justice Gorsuch.
  10. Aug 25 2022
    Application (22A181) denied by Justice Kagan.
  11. Aug 21 2022
    Application (22A181) for a stay, submitted to Justice Kagan.
  12. Jul 13 2022
    DISTRIBUTED for Conference of 9/28/2022.
  13. Jun 21 2022
    Waiver of right of respondents Attorney General for the State of Arizona and State of Arizona to respond filed.
  14. May 19 2022
    Petition for a writ of certiorari filed. (Response due June 27, 2022)
  15. Mar 16 2022
    Application (21A512) granted by Justice Kagan extending the time to file until May 19, 2022.
  16. Mar 15 2022
    Application (21A512) to extend the time to file a petition for a writ of certiorari from March 20, 2022 to May 19, 2022, submitted to Justice Kagan.