No. 20-6091

Cherrie A. Hollie v. Robert Wilkie, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2020-10-21
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights constitutional-rights due-process equal-protection equitable-claims federal-circuit oral-argument standing veterans-claims
Latest Conference: 2021-01-22 (distributed 2 times)
Question Presented (from Petition)

A. Did the Federal Circuit err in dismissing Petitioner's appeal from the U.S. Court of Appeals for Veterans Affairs for lack of jurisdiction?

B Did the Federal Circuit err in failing to make a finding as to whether Petitioner is legally the surviving spouse of the late veteran, Charlie P. Hollie, as defined by 38 C.F.R. 3.50 (b)?

C. Did the Federal Circuit err in failing to make a finding that Petitioner meets the requirement of 38 C.F.R. 3.54 with respect to her entitlement to a Department of Veterans Affairs survivor's pension?

D. Did the Federal Circuit commit error by its failure to consider some evidence presented by Petitioner relevant to the appeal and included in the record?

E. In failing to determine that Petitioner was eligible for a veterans' survivor's pension, was Petitioner unconstitutionally denied equal protection of the laws as guaranteed by the 5 and 14" Amendments to the U.S. Constitution?

F, Did the Federal Circuit commit error by its failure to consider Petitioner's equitable arguments?

G. Did the United States Court of Appeals for the Federal Circuit err in failing to tule on the denial to Petitioner of oral argument by the U.S. Court of Appeals for Veterans Claims?

Question Presented (AI Summary)

Whether the Federal Circuit erred in dismissing the petitioner's appeal and failing to address the petitioner's constitutional due process, equal protection, and equitable claims

Docket Entries

2021-01-25
Rehearing DENIED.
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2020-12-21
Petition for Rehearing filed.
2020-12-07
Petition DENIED.
2020-11-18
DISTRIBUTED for Conference of 12/4/2020.
2020-11-12
Waiver of right of respondent Wilkie, Robert to respond filed.
2020-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 20, 2020)

Attorneys

Cherrie A. Hollie
Cherrie Hollie — Petitioner
Wilkie, Robert
Jeffrey B. WallActing Solicitor General, Respondent