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Martine Bernard v. Christopher Hodyl

Paid petition · Court of Appeals of Colorado, No. 21CA0177 · judgment April 7, 2022


Certiorari denied · May 30, 2023
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. Whether statutory psychotherapist patient privilege and the right to liberty or autonomy provided in the due process clause of the United States Constitution bar a state court from forcing Petitioner to either use courtappointed” treating family therapist, file her therapy treatment summary and subpoena said therapist to be examined by the court, or face $100.00 per day in monetary sanctions?

  2. Whether the right to procedural due process under the Fourteenth Amendment of the United States Constitution bar a' state court from issuing monetary sanctions against a party for not contacting a “court-appointed” treating family therapist, without the court first providing notice, a hearing, or having a motion and affidavit from the opposing party?

Counsel of record

For petitioner
Martine Bernard

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 30 2023
    Petition DENIED.
  2. May 09 2023
    DISTRIBUTED for Conference of 5/25/2023.
  3. Mar 20 2023
    Petition for a writ of certiorari filed. (Response due April 24, 2023)