No. 20-17

Wade Robertson v. Richard A. Honn, et al.

Lower Court: Ninth Circuit
Docketed: 2020-07-13
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 28-usc-1963 civil-procedure constitutional-challenge federal-judgment-registration federal-preemption fraud-on-court judgment-registration registration-court rendering-court state-proceeding void-judgment younger-abstention
Latest Conference: 2020-12-04 (distributed 2 times)
Question Presented (from Petition)

Whether a registration court, pursuant to 28 U.S.C. § 1963, has the power to amend or annul the judgment of the rendering court so registered, a question as to which the courts of appeals are in conflict.

If so, may a registration court refuse to assert its jurisdiction over the registered judgment when the judgment is challenged in the registration court for being void or a result of a fraud on the rendering court?

Whether a "facially conclusive" claim of federal preemption precludes finding an "important state interest" in the state proceeding such that Younger abstention is not appropriate, a question as to which the courts of appeals are in conflict.

Whether the requirement of "an adequate opportunity in the state proceedings to raise [Federal] constitutional challenges" for purposes of Younger abstention can ever be satisfied where the first and only opportunity to raise federal constitutional challenges to a state court's action is by a single petition for review to that same court even though that state court has adopted a policy of always denying any petitions for review and also of never providing the reasons for any determinations made, or the evidence it relied on, or facts it found, or the reasons supporting the actions it was taking thereof.

Question Presented (AI Summary)

Whether a registration court, pursuant to 28 U.S.C. § 1963, has the power to amend or annul the judgment of the rendering court so registered

Docket Entries

2020-12-07
Rehearing DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-10-30
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-08-26
DISTRIBUTED for Conference of 9/29/2020.
2020-07-29
Waiver of right of respondent Robert A. Honn to respond filed.
2020-07-16
Waiver of right of respondent William C. Cartinhour, Jr. to respond filed.
2020-07-16
Waiver of right of respondents Richard A. Honn, et al. to respond filed.
2020-07-02
Petition for a writ of certiorari filed. (Response due August 12, 2020)

Attorneys

Robert A. Honn
Robert G. RetanaState Bar of California, Respondent
Tani Cantil-Sakauye
Jose A. Zelidon-ZepedaAttorney General's Office, Respondent
Wade Anthony Robertson
Wade Robertson — Petitioner
William C. Cartinhour, Jr.
Mark Giovanni BoninoHayes, Scott, Bonino, Ellingson, Guslani, Simonson & Clause LLP, Respondent