No. 22-7028

John L. Dickerson, Jr., Administrator of the Estate of Betty Jane Matlock, Deceased v. Emmanuel Noel Cruz Tancinco, et al.

Lower Court: Arkansas
Docketed: 2023-03-16
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure civil-rights due-process estate-administration judicial-procedure medical-malpractice procedural-rights standing substantive-rights wrongful-death
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2023-06-08 (distributed 2 times)
Question Presented (from Petition)

This medical malpractice wrongful death claim brought by the Petitioner on behalf of the estate of Betty Jane Matlock which has been dismissed twice and the Petition for Review was also denied.

The Circuit Court and the Arkansas Court of Appeals alleges petitioner of committing an unauthorized practice and rules his complaint as nullity.

(1) September 10, 2021, around 4:30pm. Just before entering the courthouse too pick up transcripts, the Honorable Judge Ralph C. Ohm exit the building and we had a less than three (3) minutes conversation. He said "he was proud of me for appealing his verdict and will be praying the Arkansas Court of Appeals will turn things around ". I asked was he serious and he said yes and reminded me he was a believer also! We shook hands and said GOD bless you to each other. If the judge had any doubts or concerns about his ruling, why didn 't he just write a letter to the Arkansas Court of Appeals on my behalf?

(2) why are the Arkansas laws of the land 28-48-102, Ark. Code Ann. 16-62-101 (a)(1) and Ark. Code Ann. 16-62- 102(b), which support the rights for the administrator of the estate being completely ignored by the Arkansas Court of Appeals and the Arkansas Supreme Court?

(3) Why wasn 't motion to correct on record investigated when error was made by the original Circuit Court reporter and petitioner requested she be recused in preparing his paperwork before submitting to the Arkansas Court of Appeals?

(4) Why didn 't the Arkansas Court of Appeals Remand the claim back to the Circuit Court instead of dismissing it with prejudice?

(5) Why were petitioner 's Substantive Due Process and Procedural Due Process Rights Violated?

Question Presented (AI Summary)

Whether the petitioner's substantive and procedural due process rights were violated when the Circuit Court and Arkansas Court of Appeals dismissed the medical malpractice wrongful death claim

Docket Entries

2023-06-12
Rehearing DENIED.
2023-05-23
DISTRIBUTED for Conference of 6/8/2023.
2023-05-04
2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-03-23
Waiver of right of respondent CHI St. Vincent Hospital, et al. to respond filed.
2023-02-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2023)
2022-12-13
Application (22A519) granted by Justice Kavanaugh extending the time to file until February 19, 2023.
2022-12-06
Application (22A519) to extend the time to file a petition for a writ of certiorari from December 21, 2022 to February 19, 2023, submitted to Justice Kavanaugh.

Attorneys

CHI St. Vincent Hospital, et al.
Ed LowtherWright Lindsey & Jennings LLP, Respondent
Estate of Betty Jane Matlock
John L. Dickerson Jr. — Petitioner