Supreme Court of the United States · Official docket →
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
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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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?
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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?
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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
- Jan 08 2024Rehearing DENIED. Justice Barrett took no part in the consideration or decision of this petition.
- Dec 20 2023DISTRIBUTED for Conference of 1/5/2024.
- Dec 04 2023Petition for Rehearing filed.
- Nov 13 2023Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
- Oct 24 2023DISTRIBUTED for Conference of 11/9/2023.
- Oct 18 2023Waiver of right of respondent United States Congress to respond filed.
- Sep 27 2023Waiver of right of respondent Wisconsin Legislature to respond filed.
- Sep 12 2023Petition for a writ of certiorari filed. (Response due October 18, 2023)