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Judson Hawkins, et al. v. Ohio Department of Natural Resources

Paid petition · Court of Appeals of Ohio, Franklin County, No. 22AP-689 · judgment September 28, 2023


Certiorari denied · May 13, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Questions presented

This case involves state executive agency actions in relation to individual property owners and whether state statutes and administrative rules can be capriciously and arbitrarily interpreted in such a manner as to deprive an individual property owner of any chance to win against administrative agency actions. The questions raised are the following:

  1. Does the Due Process Clauses of the Fifth and Fourteenth Amendment to the United States Constitution guarantee a substantive right to prevail against the state when supported by the facts?

  2. Does the Due Process Clause of the Fourteenth Amendment to the United States Constitution permit a state administrative agency to interpret statutes and administrative rules in such a manner that deny an individual a procedural right to prevail at trial and upon appeal?

Counsel of record

For petitioner
Judson J. Hawkins
Judson J. Hawkins

For respondent
Michael Jason Hendershot
Ohio Attorney General's Office

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, May 13, 2024 · Certiorari denied

Proceedings

  1. May 13 2024
    Petition DENIED.
  2. Apr 23 2024
    DISTRIBUTED for Conference of 5/9/2024.
  3. Apr 18 2024
    Waiver of right of respondent Ohio Department of Natural Resources to respond filed.
  4. Apr 15 2024
    Petition for a writ of certiorari filed. (Response due May 17, 2024)