Javier Bautista-Scheuber v. Alia Day Floren
1 - (a) Do the values of the constitution really hold true, or are they only good on paper? that
is, in practical terms, does the violation of a fundamental constitutional right (after the
entire appeal process has been exhausted), like the right to be heard, constitute sufficient
grounds for the Highest Court of Appeals to review and reverse a judgement; or the rights
promised to the citizens by the constitution are only good on paper?
1 — (b) If no court has ever made a finding of fact that a person has ever committed any
illegal action, even less convicted him of any crime; can a state forbid him without due
process of law from any contact with his wife and any access to his house or any of his
property therein? For example, I was never given any notice that any court would hear any
request to curtail any of my freedoms and rights, I was never allowed to speak, present any
evidence or defend myself in any way. Under such circumstances, can a state curtail any of
my freedoms or rights, if I have never been found to have committed any illegal action?
1 — (c) Under the UMDA shall a court dissolve a marriage, as soon as one or both parties ask it so
(as it seems to be frequently the case), or only if it finds the marriage irretrievably broken?
1 - (d) Did the Montana Supreme Court interprete Rule 60 of Civ. Proc. correctly, when it
considered that I was precluded of any relief under subsection (b)(6), if I had ever sought
relief based on any other completely different facts or circumstances under any of the other
subsections of the rule? Or, as it is generally understood, the availability of relief for some
facts and circumstances under any of the first five subsections, does not exclude relief under
subsection (b)(6) for different facts and circumstances.
2 - What constitutes substantial evidence to establish judicial bias?
3 - a) Is it an inappropriate judicial conduct to allow one of the party's attorney to write up,
from beginning to end, the court's judgement and neglect to review it for possible errors
before signing it off?
b) Does the misrepresentation of the District Court's record or a key witness' testimony (as
compared with the actual court hearing 's transcript) constitute evidence of judicial bias?
c) Does the misrepresentation by an appelate court of one of the party's argument (as
contained in his appelate brief), constitute evidence of judicial bias?
3 - How can the courts better protect a mentallv-ill person against dures and
malevolent manipulation?
a) In cases where there is evidence of dures, what actions shall the courts take to protect
the constitutional rights of a mentally-ill person, who, for example, may allege to seek
divorce, but is not even able to accurately state the reasons of the marital break-down?
b) Under what conditions shall the courts reconsider wether a mentally-ill person's legal
counsel can continue being trusted to represent in good faith his mentally-ill client? For
example, does it constitute sufficient evidence to revoke the power of legal representation of
a legal counsel, if he induces his mentally-ill client to commit perjury making false
allegations of abuse to explain the reasons that led to her mental disorder and her attempt
of suicide?
c) If the courts have a special obligation to care for and protect the rights of mentally-ill
litigants, under what circumstances may the negligence of a different party to the case
release
Does the violation of a fundamental constitutional right constitute grounds for the Supreme Court to review and reverse a judgment?