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Kerry Kruskal v. Alan Maestas, et al.

Paid petition · Court of Appeals of New Mexico, No. A-1-CA-41284 · judgment June 3, 2025


Certiorari denied · February 23, 2026
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. Whether the Due Process Clause of the Fourteenth Amendment is violated when a state court affirms the dismissal of civil claims without findings of fact, without evidentiary hearings, and while repeatedly denying discovery, thereby depriving a litigant of any meaningful opportunity to be heard.

  2. Whether the Equal Protection Clause is violated when courts selectively enforce procedural rules—sanctioning a pro se litigant for minor technical errors while excusing licensed attorneys who repeatedly miss deadlines and ignore motions.

  3. Whether pro se litigants are constitutionally entitled to meaningful access to the courts, including liberal construction of filings under Haines v. Kerner, 404 U.S. 519 (1972), and Erickson v. Pardus, 551 U.S. 89 (2007), and whether state appellate courts violate due process by refusing to apply those precedents.

  4. Whether a state appellate court violates the Fourteenth Amendment by affirming a trial court judgment that contains no findings of fact or conclusions of law, thereby foreclosing meaningful review of constitutional claims.

  5. Whether the cumulative effect of multiple due process violations—including denial of discovery, refusal to compel testimony, summary

Counsel of record

For petitioner
Kerry Kruskal

For respondent
John Slater Campbell
Resnick & Louis, P.C.

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 18 2026
    Rehearing DENIED.
  2. Apr 22 2026
    DISTRIBUTED for Conference of 5/14/2026.
  3. Apr 14 2026
    Supplemental brief of petitioner Kerry Kruskal filed.
  4. Mar 13 2026
  5. Feb 23 2026
    Petition DENIED.
  6. Feb 04 2026
    DISTRIBUTED for Conference of 2/20/2026.
  7. Feb 03 2026
    Waiver of right of respondents Alan Maestas, Maestas Law Firm, P.C., Kimberly Alderman, JOnathan Hull, Paula Ganz, Santiago Chavez to respond filed.
  8. Jan 27 2026
    Waiver of right of respondent Dwight Thompson to respond filed.
  9. Dec 15 2025
    Petition for a writ of certiorari filed. (Response due February 9, 2026)