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Caroline Ross v. Judson Independent School District

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-50250 · judgment April 1, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Petitioner was deprived of due process when the tribunals below materially misapprehended the record. They held that there was no objection to admission of case-dispositive hearsay at the teacher’s non-renewal hearing and to the inability to cross-examine the hearsay declarant. There was indeed an eight page objection and an adverse ruling.

  2. The state deprived teacher of Fourteenth Amendment due process when its School Board non-renewed teacher without jurisdiction to do so.

  3. Consideration by a state’s fair employment tribunal is protected by the guaranty of Fourteenth Amendment due process. U.S.CONST.Amend.XIV

  4. The state deprived teacher of Fourteenth Amendment due process when its School Board violated its own law (by disregarding its policy that only the superintendent could recommend non-renewal, by disregarding its policy on rules of evidence at its hearings, by disregarding its policy of having to consider the most recent evaluation, by firing her for an action which was not even prohibited until after she was non-renewed, in violation of Texas’ “constitutional prohibition against retroactive laws” . Vernon's Ann.Texas Const. Art. 1,sec.16; Robinson v. Crown Cork & Seal Co., Inc.,335 S.W.3d 126,149hn13(Tex.2010) A state’s failure to follow its own law violates the guaranty of due process. U.S.CONST.Amend.XIV; Hicks v. Oklahoma,447U.S.343(1980) ii. INTERESTED PARTIES

Counsel of record

For petitioner
Larry Warner Sr.
Law Office of Larry Warner

For respondent
Katie Elizabeth Payne
Walsh Gallegos Trevino Kyle & Robinson P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 25 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 09 2021
    Brief of respondent Judson Independent School District in opposition filed.
  4. Jul 01 2021
    Petition for a writ of certiorari filed. (Response due August 9, 2021)