No. 18-1060

Michael A. Weiss, Individually and as Executor of the Estate of Jane L. Marsh, Deceased v. Stephen D. Marsh, as Executor of the Estate of Monroe F. Marsh, Deceased, et al.

Lower Court: California
Docketed: 2019-02-13
Status: Denied
Type: Paid
Relisted (2)
Tags: civil-procedure civil-rights constitutional-clauses constitutional-standing due-process fourth-amendment fundamental-justice jurisdiction legal-principles material-change pre-trial-seizure standing statutory-basis takings unclean-hands
Latest Conference: 2019-06-20 (distributed 2 times)
Question Presented (from Petition)

1. On the merits and as applied to the facts and evidence in this case did specified principles of fundamental justice, including unclean hands, constitutionally prohibit the court from affirming distribution of property not belonging in the estate of Monroe F. Marsh.

2. As a question of law could the court constitutionally deny or ignore principles of fundamental justice by confirming lack of standing under prior opinions without considering proffered material changes in law and facts occurring since the time of opinions.

3. Was the U.S. Constitution Fourth Amendment infringed upon by the pre-trial seizure of petitioners property due to lack of probable cause or mode of execution.

Question Presented (AI Summary)

Whether specified principles of fundamental justice, including unclean hands, constitutionally prohibited the court from affirming distribution of property not belonging in the estate

Docket Entries

2019-06-24
Rehearing DENIED.
2019-06-13
Supplemental brief to petition for rehearing filed. (Distributed)
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-05-09
2019-04-15
Petition DENIED.
2019-03-27
DISTRIBUTED for Conference of 4/12/2019.
2018-10-09
Petition for a writ of certiorari filed. (Response due March 15, 2019)

Attorneys

Estate of Jane L. Marsh, et al.
Michael Alan WeissLAW OFFICE MICHAEL WEISS, Petitioner