No. 23-5142

Joseph Counts v. Maine

Lower Court: First Circuit
Docketed: 2023-07-19
Status: Denied
Type: IFP
Response WaivedRelisted (3)IFP
Tags: appeals appellate-review civil-procedure civil-rights constitutional-rights court-interpretation due-process judicial-discretion legal-procedure procedural-rules standing stare-decisis
Latest Conference: 2023-12-08 (distributed 3 times)
Question Presented (from Petition)

1. Where 28Use 1455 is
is ambiguoos, what is the
proper or best way for
the lower courts to
handle the
penumbra of filings
in order to
achieve
the most justice and
greatesteffiziency?

2.DOes Johnson v Mississippi, 421 U.S.213,219 (1975)
need to be overturned so the removal and civil
rights statotes comport with modern caselaw and
socictal needs?

3.In order to take
weight or load off the
more
Supreme Court in the fiture, under whatk circumstances
and with what objectives renders stare decisis
detrimental,
,and how should the appeals courts
adjudicate those matters?

Question Presented (AI Summary)

Where the proper way for lower courts to handle the penumbra of filings

Docket Entries

2023-12-11
Rehearing DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-08
DISTRIBUTED for Conference of 12/1/2023.
2023-10-17
Petition for Rehearing filed.
2023-10-02
Petition DENIED.
2023-07-27
DISTRIBUTED for Conference of 9/26/2023.
2023-07-24
Waiver of right of respondent Maine to respond filed.
2023-07-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 18, 2023)
2023-06-07
Application (22A1056) granted by Justice Jackson extending the time to file until August 4, 2023.
2023-05-11
Application (22A1056) to extend the time to file a petition for a writ of certiorari from June 5, 2023 to August 4, 2023, submitted to Justice Jackson.

Attorneys

Joseph Counts
Joseph P. Counts — Petitioner
Maine
Donald William MacomberMaine Office of Atty. Gen., Respondent