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Barry J. Smith, Sr. v. United States Congress, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-2592 · judgment May 22, 2023


Certiorari denied · November 13, 2023
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

  1. Is there a time limit to file a Rule '60(b)(4) motion to vacate a judgment order as void for lack of subjectmatter jurisdiction; after the trial court has ruled that it does not have subject-matter jurisdiction of the case, does it have judicial authority to grant a motion by de­ fendant to bar petitioner out of court based on the mer­ its of the complaint?

  2. Is the standard of review de novo when a circuit court of appeals reviews a district court’s denial of a Rule 60(b)(4) motion to vacate a judgment order as void for lack of subject-matter jurisdiction?

  3. Is petitioner, who has been duly convicted of a crime under the Thirteenth Amendment and has com­ pletely paid the judicially pronounced punishment, a Thirteenth Amendment citizen who only has those rights the government chooses to grant him, or, is peti­ tioner a Fourteenth Amendment citizen who is entitled to equal protection of America’s laws? ■

Counsel of record

For petitioner
Barry J. Smith Sr.

For respondent
Steven C. Kilpatrick
State of Wisconsin Department of Justice

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 08 2024
    Rehearing DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. Dec 20 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Dec 04 2023
    Petition for Rehearing filed.
  4. Nov 13 2023
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  5. Oct 24 2023
    DISTRIBUTED for Conference of 11/9/2023.
  6. Oct 18 2023
    Waiver of right of respondent United States Congress to respond filed.
  7. Sep 27 2023
    Waiver of right of respondent Wisconsin Legislature to respond filed.
  8. Sep 12 2023
    Petition for a writ of certiorari filed. (Response due October 18, 2023)