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Nicholas Casavelli, et ux. v. Donna Johanson, et al.
IFP petition · Court of Appeals of Arizona, Division One, No. 1 CA-CV 24-0320 · judgment June 5, 2025
Questions presented
Whether a state court violates the Fourteenth Amendment's Due Process Clause by conducting a civil jury trial in the absence of pro se defendants, while one defendant is hospitalized with a documented life-threatening medical emergency (TIA/stroke and DKA), and despite the jury expressly questioning the fairness of proceeding in the defendants' absence.
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Whether a state court judgment violates Due Process and judicial integrity under Hazel-Atlas Glass Co. v. Hartford-Empire Co. when it rests on a verdict form that was filed before deliberations concluded, lacked the foreperson’s signature ("SIGNATURE UNAVAILABLE"), was declared "absent" from the record, and was subsequently replaced nunc pro tunc with a duplicate bearing conflicting timestamps.
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Whether a state court’s imposition of "vexatious litigant" pre-filing restrictions—which prevented the submission of evidence regarding fraud upon the court, attorney conflicts, or jurisdictional defects—violates the Fourteenth Amendment right of meaningful access to the courts by effectively insulating a constitutionally defective judgment from review.
Counsel of record
For petitioner
Nicholas Casavelli
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- May 26 2026Petition DENIED.
- May 06 2026DISTRIBUTED for Conference of 5/21/2026.
- Mar 23 2026Supplemental brief of petitioner Nicholas Casavelli, et ux. filed.
- Jan 31 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2026)