No. 23-5006

Robert Timothy Blake v. United States

Lower Court: Fifth Circuit
Docketed: 2023-06-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion appeal appellate-procedure case-consolidation consolidation due-process judicial-discretion prejudice procedural-fairness relevant-issues
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Wether, Consistent with the Due Process Clause, a defendant may suffer prejudice, when a Court will order a Consolidation of Cases, where one case will lose its specific issues raised on appeal. Issues that are properly raised, and.are relevant to the Appeal and its outcome.

2. May it be permissible for the Circuit Court of Appeals to consolidate cases, on its own , without providing the movant any opportunity to object or comment .

3. Will the Circuit Court of Appeals abuse it's discretion when, it will consolidate cases without any notice that;one case will contain valid raised issues that,have experienced dispute by both parties of the case. When the Consolidation Action by the Court will cause the " issue in dispute ", to be Deleted from the record without any comment, order, or respectful ruling. When the issue in dispute is relevant and material to the matters at hand in the Appeal. When it's (issue at hand) deletion may Prejudice the Defendant.

Question Presented (AI Summary)

Whether a defendant may suffer prejudice when a court orders consolidation of cases where one case will lose its specific issues raised on appeal

Docket Entries

2023-10-02
Petition DENIED.
2023-07-13
DISTRIBUTED for Conference of 9/26/2023.
2023-07-06
Waiver of right of respondent United States to respond filed.
2023-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2023)

Attorneys

Robert T. Blake
Robert T. Blake — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent