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P. Koichi Yagi, aka Peter Yagi v. Estate of Robert C. Cannon

Paid petition · Court of Appeals of Washington, Division 1, No. 84093-2-I · judgment April 24, 2023


Certiorari denied · May 28, 2024
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

Prefatory Statement. Primary Issue. The Court has held that a litigant’s right to original venue is a basic principle of due process. The Court has further established that the right to original venue is a means to ensure an orderly assignment of venue without bias. The lower court’s decision ignores and opposes the Court’s foundational precedent. In doing so, the lower court disregards the Court’s authority, the principle of stare decisis, and the right of due process. Secondary Issue. The Ninth Circuit has held that where a litigant has cited no legal authority, none may be presumed. The tenth circuit has held that when a party has presented no reasoned argument in support of an argument, the argument is waived. The lower court decided an important federal question in a way that conflicted with the Ninth and Tenth Circuits. Petitioner seeks the Court’s resolution between these conflicted rulings. The issue of legal authority is a critical federal issue with broad due process implications which the Court has not yet addressed. The Questions Presented Are:

  1. Whether the lower court erred by ignoring Petitioner’s right under Court precedent to original venue.

  2. Whether the Court erred by refusing to recuse at the trial level, and at the court of appeals level.

Counsel of record

For petitioner
P. Koichi Yagi

For respondent
Ian C. Cairns
Smith Goodfriend, P.S.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 28 2024
    Petition DENIED.
  2. May 07 2024
    DISTRIBUTED for Conference of 5/23/2024.
  3. Apr 22 2024
    Waiver of right of respondent Estate of Robert C. Cannon to respond filed.
  4. Feb 06 2024
    Petition for a writ of certiorari filed. (Response due May 20, 2024)