No. 22-1205

Brian D. Skattum v. Devan Collomy

Lower Court: Maine
Docketed: 2023-06-13
Status: Denied
Type: Paid
Tags: 14th-amendment 5th-amendment child-custody civil-rights criminal-case criminal-procedure divorce-proceeding due-process family-law fifth-amendment fourteenth-amendment self-incrimination
Key Terms:
FifthAmendment DueProcess
Latest Conference: 2023-09-26
Question Presented (from Petition)

Question I:
Can the Maine courts penalize a father in a
divorce and child custody proceeding, while he is also
a defendant in a Criminal case, for exercising his
Fifth and Fourteenth Amendment rights to non
production of financial records and certain testimony,
where material issues of both cases arise under the
same set of facts?

Question II:
Did the Maine courts abuse their discretion in
failing to grant a stay of divorce proceedings when a
parent in a divorce and child custody proceeding is
also a defendant in a criminal case where material
issues of both cases arise under the same set of facts,
and the accuser in the criminal case is the same
parent seeking the divorce?

Question Presented (AI Summary)

Can a parent be penalized in a divorce/custody case for exercising 5th/14th Amendment rights in a related criminal case?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-26
DISTRIBUTED for Conference of 9/26/2023.
2023-03-15

Attorneys

Brian Skattum
Brian Skattum — Petitioner