No. 19-1371

Roger Dean Waldner v. Bradley R. Hartke, et al.

Lower Court: Eighth Circuit
Docketed: 2020-06-12
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: article-iii case-or-controversy civil-procedure federal-jurisdiction judicial-admissions judicial-power jurisdictional-error rule-60(b)(4) standing void-judgment
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-12-04 (distributed 2 times)
Question Presented (from Petition)

1. Is a district court's exercise of Article III judicial power over a non-controversy a rare instance of jurisdictional error that renders its judgment void?

2. If so, is the judgment so affected by a fundamental infirmity that the infirmity can be raised even after the judgment became final?

3. In lieu of plenary review by this Court, is a GVR Order, without determining the merits, appropriate for the following reasons:
• There is a reasonable probability that a GVR Order in light of the Hartkes' judicial admissions will result in voiding the judgment?
• The Hartke admissions are "confessions of error" that, because Roger had no concrete interest in the dispute, no case or controversy existed?
• A GVR Order would promote fairness to Roger without using much of this Court's limited docket?
• There is reason to believe the Eighth Circuit did not fully consider the legal significance of the Hartkes' judicial admissions?

Question Presented (AI Summary)

Is a district court's exercise of Article III judicial power over a non-controversy a rare instance of jurisdictional error that renders its judgment void?

Docket Entries

2020-12-07
Rehearing DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-10-29
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-06-24
DISTRIBUTED for Conference of 9/29/2020.
2020-06-23
Waiver of right of respondent Bradley R. Hartke, et al. to respond filed.
2020-06-01
Petition for a writ of certiorari filed. (Response due July 13, 2020)

Attorneys

Bradley R. Hartke, et al.
David Wyvil LarsonMartin and Squires, P.A., Respondent
Roger Dean Waldner
Roger Dean Waldner — Petitioner