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Joseph Basso v. Jose Rodriguez, et al.

Paid petition · Supreme Court of Maryland, No. 45, September Term, 2025 · judgment January 23, 2026


Certiorari denied · October 5, 2026
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. As a Question of First Impression, consistent with Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009), Williams v. Pennsylvania, 579 U.S. 1 (2016), and Aetna Life Ins. Co. v. Lavoie, 475 U.S. 813 (1986)) does the Due Process Clause of Fourteenth Amendment examinable through established constitutional, statutory, and ethics rules, apply to disqualify or otherwise require an evidentiary hearing, when it is serendipitously discovered for the first time during a state court appeal, heightened with strong proof this matter constitutes “extreme facts” rising to a Constitutional level, when the single-page final judgment order, purportedly entered by a qualified retired senior judge assigned the case, was instead under the objective test in Caperton, done by an apparent categorically ineligible for recall former jurist also practicing law as an attorney?

  2. Should Summary Reversal and Remand be issued after the Maryland Supreme Court, recently adopted the need for greater specificity in Statutory Attorney Fee “Memoranda” in Sugarloaf All. v. Frederick Co., No. 32, Sept. Term 2025 (Dec. July 14, 2026), specifically argued below by Petitioner as legal error?

Counsel of record

For petitioner
Michael Alan Wein
Law Offices of Michael A. Wein, LLC

For respondent
Mark T. Foley
Sasscer, Clagett & Bucher

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Linked docket
25A1252

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Sep 09 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Aug 24 2026
    Waiver of right of respondent Jose Rodriguez, et al. to respond filed.
  4. Jul 20 2026
    Petition for a writ of certiorari filed. (Response due August 26, 2026)
  5. May 13 2026
    Application (25A1252) granted by The Chief Justice extending the time to file until July 20, 2026.
  6. May 10 2026
    Application (25A1252) to extend the time to file a petition for a writ of certiorari from May 21, 2026 to July 20, 2026, submitted to The Chief Justice.