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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


Certiorari denied · October 15, 2024
Pre-decision estimate: 5% cert probability

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:

  1. Whether a criminal-contempt prosecution by an interested private party violates the Due Process Clause.

  2. 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

  1. Oct 15 2024
    Petition DENIED.
  2. Sep 25 2024
    DISTRIBUTED for Conference of 10/11/2024.
  3. Sep 25 2024
    Reply of petitioner Natin Paul filed. (Distributed)
  4. Sep 06 2024
    Brief of respondent Roy F. and Joann Cole Mitte Foundation in opposition filed.
  5. Jul 12 2024
    Motion to extend the time to file a response is granted and the time is extended to and including September 9, 2024.
  6. Jul 11 2024
    Motion to extend the time to file a response from August 8, 2024 to September 9, 2024, submitted to The Clerk.
  7. Jul 09 2024
    Response Requested. (Due August 8, 2024)
  8. Jul 08 2024
    Brief amicus curiae of Cato Institute filed.
  9. Jul 02 2024
    DISTRIBUTED for Conference of 9/30/2024.
  10. Jun 25 2024
    Waiver of right of respondent Roy F. and Joann Cole Mitte Foundation to respond filed.
  11. Jun 13 2024
    Petition for a writ of certiorari filed. (Response due July 18, 2024)