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Natin Paul v. The Roy F. and Joann Cole Mitte Foundation
Paid petition · Supreme Court of Texas, No. 23-0253 · judgment March 15, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.
Questions presented
A Texas court permitted a financially interested civil party’s lawyer to prosecute his opposing party, petitioner Natin Paul, for criminal contempt. The trial court then sentenced petitioner to jail for 10 days via email, without any opportunity to appear, be heard, or attend with counsel. The Texas Supreme Court subsequently denied a writ of habeas corpus or mandamus by a 5-4 vote. The questions presented, on which lower courts are squarely divided, are:
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Whether a criminal-contempt prosecution by an interested private party violates the Due Process Clause.
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Whether sentencing a criminal defendant to jail via email, in absentia and without the opportunity to address the judge, violates the Due Process Clause or the Sixth Amendment.
Counsel of record
For petitioner
David Gerger
Gerger Hennessy Martin & Peterson
For respondent
Craig Trively Enoch
Enoch Kever, PLLC
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage
Proceedings
- Oct 15 2024Petition DENIED.
- Sep 25 2024DISTRIBUTED for Conference of 10/11/2024.
- Sep 25 2024Reply of petitioner Natin Paul filed. (Distributed)
- Sep 06 2024Brief of respondent Roy F. and Joann Cole Mitte Foundation in opposition filed.
- Jul 12 2024Motion to extend the time to file a response is granted and the time is extended to and including September 9, 2024.
- Jul 11 2024Motion to extend the time to file a response from August 8, 2024 to September 9, 2024, submitted to The Clerk.
- Jul 09 2024Response Requested. (Due August 8, 2024)
- Jul 08 2024Brief amicus curiae of Cato Institute filed.
- Jul 02 2024DISTRIBUTED for Conference of 9/30/2024.
- Jun 25 2024Waiver of right of respondent Roy F. and Joann Cole Mitte Foundation to respond filed.
- Jun 13 2024Petition for a writ of certiorari filed. (Response due July 18, 2024)