Toby Harris v. Robert Parsons, et al.

Whether the Due Process Clause is violated when a State Supreme Court Justice with a potential conflict of interest declines to rule on a motion for recusal, creating procedural paralysis, yet proceeds to adjudicate die case and moot the party’s pending motions.

Whether a Court may rely on a litigants supposed “understanding” to moot the unresolved substantive issues where the litigant did not waive those issues, and where the court’s action foreclosed any review of the underlying constitutional question.

Whether a state court violates due process when it allows a litigant that affirmatively claims non-party status and disclaims any request for damages to avoid discovery, yet simultaneously grants that same non-party party-specific procedural protections—including excusable-neglect relief appellate participation through purported “outside counsel,” and a permanent injunction based on alleged harm to that non-party—without ever ruling on the litigant’s status.