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James Marshall Shoemaker, III v. Leslie R. Moore, Esq., as Personal Representative and Trustee of the Estate of James Marshall Shoemaker, Jr., et al.
Paid petition · Court of Appeals of South Carolina, No. 2022-001665 · judgment April 2, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the Fourteenth Amendment’s guarantee of due process is violated when a judge knowingly rules on the merits of a case while maintaining an undisclosed, ongoing financial partnership with opposing counsel’s law firm, and then refuses to vacate those rulings after recusal.
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Whether a State may constitutionally enforce a rigid jurisdictional deadline that bars any appellate review of a structural due-process violation when the litigant’s attorney becomes unable to practice law during the appeal window, fails to notify the litigant of the judgment or deadline, and fails to file the appeal he had promised to file.
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Whether recusal without vacatur satisfies due process when a judge’s disqualifying conflict existed at the time of ruling, the conflicted judgment remains operative, and successor courts rely on that judgment in subsequent litigation.
Counsel of record
For petitioner
James Marshall Shoemaker III
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 27 2026Petition DENIED.
- Apr 08 2026DISTRIBUTED for Conference of 4/24/2026.
- Dec 04 2025Petition for a writ of certiorari filed. (Response due March 27, 2026)