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Yoseph Yadessa Kenno v. Colorado Governor's Office of Information Technology, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 21-1353, 21-1434 · judgment April 17, 2023


Certiorari denied · January 22, 2024
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. Whether the Lower Courts violated Supreme .Court precedents governing pro se pleading by construing my pro se Rule 59(a) motion expressly seeking a new trial, as a mo­ tion to alter or amend judgment under Rule 59(e), based solely on the motion's title.

  1. Whether the Tenth Circuit's affirmation of the District Court's failure to apply any discemable Rule 59(a) stand­ ards to my Rule 59(a) motion: (a) deprives other pro se liti­ gants of Rule 59(a)'s intended protections, (b) creates a cir­ cuit split, (c) exacerbates an existing circuit split.

  2. Whether deliberately withheld evidence produced af­ ter a non-jury trial, but before final judgement, qualify as newly discovered evidence for the purposes of Rule 59(a) or (e) motions, when the disclosures occur subsequent to the District Court's post-trial decision^) denying the admission of any newly discovered evidence.

  3. Whether the District Court imposed unreasonable burdens under Rule 59(e) by faulting me for not moving to reopen the record to admit newly discovered evidence after trial, when the District Court itself had categorically barred the admission of newly discovered evidence.

  4. When a governmental entity defendant deliberately conceals the existence of highly probative electronic evi­ dence until after trial, and then refuses to disclose this evi­ dence, at what point does withholding such vital digitized materials infringe upon a litigant's constitutional due pro­ cess rights, and necessitate a new trial in the pursuit ofjus­ tice?

  5. Whether the District Court’s one-sided discovery rul­ ings denying my expert meaningful access to Respondents’ electronic records while allowing Respondents’ experts un­ fettered access to mirror images of my personal devices

Counsel of record

For petitioner
Yoseph Yadessa Kenno

For respondent
Friedrick Charles Haines
Colorado Dept. of Law

Case

Conference history
Distributed for 2 conferences

Linked docket
23A86

Proceedings

  1. Mar 18 2024
    Rehearing DENIED.
  2. Feb 21 2024
    DISTRIBUTED for Conference of 3/15/2024.
  3. Feb 09 2024
  4. Jan 22 2024
    Petition DENIED.
  5. Jan 03 2024
    DISTRIBUTED for Conference of 1/19/2024.
  6. Jan 02 2024
    Waiver of right of respondent CO Governor's Office of IT, et al. to respond filed.
  7. Oct 12 2023
    Petition for a writ of certiorari filed. (Response due January 4, 2024)
  8. Jul 28 2023
    Application (23A86) granted by Justice Gorsuch extending the time to file until October 12, 2023.
  9. Jul 26 2023
    Application (23A86) to extend the time to file a petition for a writ of certiorari from August 13, 2023 to October 12, 2023, submitted to Justice Gorsuch.