No. 21-531

Jerome D. Lee, Stephen E. Brown-Bennett, and Taylor Lee & Associates LLC v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-10-12
Status: Denied
Type: Paid
Response Waived
Tags: available-funds civil-procedure cja-vouchers contempt contract-authority due-process fee-inquiry judicial-discretion reimbursement standing statutory-interpretation sua-sponte
Key Terms:
Arbitration
Latest Conference: 2021-11-12
Question Presented (from Petition)

I. DID THE LOWER COURT HAVE THE AUTHORITY TO, SUA SPONTE, SET ASIDE THE PETITIONERS' CONTRACTS, AND CONDUCT AN FEE INQUIRY INTO WHETHER OR NOT FUNDS WERE AVAILABLE TO BE RETURNED TO THE DEFENDANTS?

II. ASSUMING ITS POST HOC APPLICABILITY, DID 18 U.S.C. § 3006A(f) AUTHORIZE THE LOWER COURTS TO, SUA SPONTE, COMPEL PETITIONERS TO SURRENDER "AVAILABLE FUNDS" UNDER THREAT OF CONTEMPT, WHEN THE COURT CREATED THE "AVAILABLE FUNDS" THROUGH A WRONGFUL SEIZURE WHERE NO CJA VOUCHERS WERE EVER FILED?

Question Presented (AI Summary)

Did the lower court have the authority to, sua sponte, set aside the petitioners' contracts, and conduct a fee inquiry into whether or not funds were available to be returned to the defendants?

Docket Entries

2021-11-15
Petition DENIED.
2021-10-27
DISTRIBUTED for Conference of 11/12/2021.
2021-10-22
Waiver of right of respondent United States Government to respond filed.
Main Document
2021-09-27
Petition for a writ of certiorari filed. (Response due November 12, 2021)
PetitionAppendixAppendixCertificate of Word CountProof of Service

Attorneys

Jerome Lee, et al.
Jerome Dwayne Lee — Taylor Lee & Associates LLC, Petitioner
United States Government
Elizabeth B. Prelogar — Solicitor General, Respondent