Casimir M. Toczylowski v. Samantha Giuliano, et vir
DueProcess JusticiabilityDoctri
1. When a state has by statute or constitutional
provision granted civil litigants the right to an appeal,
must the state's appellate procedures provide "due
process" consonant with that guaranteed by the
Fourteenth Amendment of the United States Constitution
to litigants at trial?
2. If the due process guaranteed by the Fourteenth
Amendment of the United States Constitution extends to
the appellate procedures of those states that have granted
civil litigants a right of appeal, are civil appellants in those
states who seek to vindicate property rights and who
comply with all of the state's procedural requirements
entitled to receive a ruling on the merits of their appeals?
3. Did the Superior Court and Supreme Court of
Pennsylvania deprive the petitioner here of due process
under the Fourteenth Amendment by refusing to rule on
the merits of his appeal, a refusal that had been based
solely upon the mistaken belief of a panel of Superior
Court judges that the petitioner had not cited cases in his
briefs, and then refusing to reconsider the matter after
the petitioner by timely applications re-cited the multiple
case citations that he had cited in support of each of his
arguments but that the panel had originally overlooked?
Denial of due process in state appellate procedures for civil litigants seeking to vindicate property rights