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Richard Abbott v. Supreme Court of Delaware, et al.

Paid petition · Supreme Court of Delaware, No. 25, 2023 · judgment November 9, 2023


Certiorari denied · June 3, 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.

Question presented

I. Whether a person proceeding Pro Se in defending a confidential professional licensure disbarment proceeding is vested with full 1st Amendment Rights to Freedom of Speech, including the Actual Malice standard? II. Whether the 14th Amendment Due Process Clause or the 6th Amendment right to be informed of accusations prohibit a State Supreme Court from disbarring an attorney based on a new charge and a new and unforeseeable rule interpretation raised after trial and at the end of the disbarment process? III. Whether the denial of all relevant Discovery and Trial Witnesses in a State professional licensure disbarment proceeding, which are guaranteed by applicable Rules, violates the 14th Amendment Right to Due Process of Law or the 6th Amendment Right to Confront one’s accuser and have compulsory process for favorable witnesses? IV. Whether a retaliatory and discriminatory lawyer disbarment, based on an 8+ year vigorous defense and policies and practices which base prosecution decisions on lawyer associational status, violates the 1st Amendment rights to Freedom of Association and to Petition for Redress of Grievances and the 14th Amendment right to Equal Protection of the Laws?

Counsel of record

For petitioner
Richard L. Abbott
Abbott Law Firm

For respondent
David A. White
Office of Disciplinary Counsel

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 03 2024
    Petition DENIED.
  2. May 14 2024
    DISTRIBUTED for Conference of 5/30/2024.
  3. May 09 2024
    Reply of petitioner Richard Abbott filed.
  4. May 01 2024
    Brief of respondents Delaware Supreme Court, et al. in opposition filed.
  5. Mar 29 2024
    Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2024.
  6. Mar 28 2024
    Motion to extend the time to file a response from April 17, 2024 to May 1, 2024, submitted to The Clerk.
  7. Mar 18 2024
    Response Requested. (Due April 17, 2024)
  8. Mar 12 2024
    DISTRIBUTED for Conference of 3/28/2024.
  9. Mar 06 2024
    Waiver of right of respondent Delaware Supreme Court, et al. to respond filed.
  10. Feb 09 2024
    Proof of Service of Petition for Writ of Certiorari of Richard Abbott not accepted for filing. (February 09, 2024)
  11. Jan 15 2024
    Petition for a writ of certiorari filed. (Response due March 11, 2024)