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Gary Pisner v. Robert McCarthy, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 23-1655 · judgment April 15, 2024


Certiorari denied · March 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.

Questions presented

  1. Is there a minimum amount of explanation in an appellate opinion necessary to meet due process requirements, to verify that an appellate court has actually treated the appeal as an of right appeal, and a lack of explanation would undermine post opinion procedures, such as a Petition to Rehear or an appeal to a higher court?

  2. Fed. R. Evid. Rule 201 and the caselaw gives the parties the ability to enter documentary evidence through judicial notice; under what conditions can a party, without identifying the purpose of the documents, the material in the documents to be recognized, the grounds for taking judicial notice, with the court, ignoring the requested judicial notice process of Fed, R. Evid. 201(e), take judicial notice of documents?

  3. If a trial court, such as a Federal District Court, fails to timely serve its opinion (within 30 days) and had also failed to act on multiple outstanding preliminary motions, nor conducted any hearing, in what appeared to be an oversight and simply dismissed the case would properly be corrected through Fed R. Civ. 60 rather than through app

  4. eal.

Counsel of record

For petitioner
Gary Steven Pisner

For respondent

Case

Conference history
Distributed for 2 conferences

Linked docket
23A1121

Proceedings

  1. Oct 06 2025
    Rehearing DENIED.
  2. Sep 03 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Apr 18 2025
    Petition for Rehearing filed.
  4. Mar 24 2025
    Petition DENIED.
  5. Mar 05 2025
    DISTRIBUTED for Conference of 3/21/2025.
  6. Sep 12 2024
    Petition for a writ of certiorari filed. (Response due February 18, 2025)
  7. Jun 18 2024
    Application (23A1121) granted by The Chief Justice extending the time to file until September 12, 2024.
  8. Jun 16 2024
    Application (23A1121) to extend the time to file a petition for a writ of certiorari from July 14, 2024 to September 12, 2024, submitted to The Chief Justice.