Supreme Court of the United States · Official docket →
Stuart Barnes v. Shawn A. Allen
Paid petition · Supreme Court of Appeals of West Virginia, No. 23-185 · judgment April 3, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The question is whether the doctrine of chances theory or character evidence is supported. The finan cial exploitation petition presented evidence that Ms. Anna Allen (mother’s) estate was mismanaged and ex hausted, in addition to being buried without a grave marker. Further, the Guardian Ad Litem report and appointed guardian’s testimony provided evidence of financial exploitation of the protected person. The trus tee of the decedent’s estate and appointed guardian/ conservator are the same person. The petition infor mation was not refuted or challenged. The respondent applied for guardianship solely for nondisclosure of protected person’s financial assets, more specifically the “wrongful death” settlement of $147,000 in 2017 and its official account balance as of 2021 and 2023.
Counsel of record
For petitioner
Stuart Barnes
For respondent
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Case
Conference history
Distributed for 2 conferences
Proceedings
- Jan 08 2024Rehearing DENIED.
- Dec 20 2023DISTRIBUTED for Conference of 1/5/2024.
- Dec 13 2023Petition for Rehearing filed.
- Nov 20 2023Petition DENIED.
- Nov 01 2023DISTRIBUTED for Conference of 11/17/2023.
- Jun 23 2023Petition for a writ of certiorari filed. (Response due October 13, 2023)