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James L. Martin v. David H. Nixon

Paid petition · Supreme Court of Delaware, No. 440,2023 · judgment June 21, 2024


Certiorari denied · February 24, 2025
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

Do the Fifth Amendment Takings Clause and the Fourteenth Amendment Due Process Clause protect a civil judgment creditor, in a state court, from escheat where the judgment debtor demands a satisfaction and release of claim prior to payment?

Counsel of record

For petitioner
James L. Martin

For respondent
Edward F. Kafader
Ferry Joseph, P.A.

Case

Conference history
Distributed for 1 conference

Linked docket
24A281

Proceedings

  1. Feb 24 2025
    Petition DENIED.
  2. Jan 15 2025
    DISTRIBUTED for Conference of 2/21/2025.
  3. Dec 30 2024
    Brief of respondent David H. Nixon in opposition filed.
  4. Dec 02 2024
    Petition for a writ of certiorari filed. (Response due January 3, 2025)
  5. Sep 20 2024
    Application (24A281) granted by Justice Alito extending the time to file until December 6, 2024.
  6. Sep 14 2024
    Application (24A281) to extend the time to file a petition for a writ of certiorari from October 7, 2024 to December 6, 2024, submitted to Justice Alito.