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Indiana, ex rel. Michael Tyrone Sturghiss v. Superior Court of Indiana, Johnson County, et al.

IFP petition · Supreme Court of Indiana, No. 26S-OR-206 · judgment June 29, 2026


Pending

Questions presented

  1. Whether a state court violates the Due Process Clause of the Fourteenth Amendment when it issues a tax deed judgment for a property with a legal description that does not exist, and then, seven months later, issues a “nunc pro tunc” order that retroactively changes the legal description to a completely different property, thereby divesting the owner of property without constitutionally adequate notice and opportunity to be heard.

  2. Whether a state court’s use of a “nunc pro tunc” order to substantively alter a final judgment—changing the fundamental subject matter of the lawsuit from one parcel of land to another—constitutes an unconstitutional taking of property in violation of the Fifth and Fourteenth Amendments.

  3. Whether the Indiana Supreme Court’s summary dismissal of a Petition for Writ of Mandamus, which raised clear constitutional violations of due process and the right to an impartial tribunal, without providing any reasoning or addressing the merits, itself constitutes a denial of due process under the Fourteenth Amendment by leaving the petitioner with no adequate state remedy.

  4. Whether the Due Process Clause permits a trial court to allow one party to be substituted for another without notice to the opposing party, and to hold secret hearings that result in the opposing party’s forcible eviction, thereby prejudicing the party’s ability to defend their property rights.

Counsel of record

For petitioner
Michael Tyrone Sturghiss

For respondent
James Allen Barta
Office of the Indiana Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 27 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Aug 26 2026
    Waiver of right of respondent Superior Court of IN, et al. to respond filed.
  3. Jul 06 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2026)