No. 23-5411

Thomas DeMartino v. Roger Alderin, et al.

Lower Court: Oregon
Docketed: 2023-08-22
Status: Denied
Type: IFP
IFP
Tags: 2nd-amendment alarming-contact civil-damages civil-procedure civil-rights due-process jury-trial oregon-appellate-court reckless-driving stalking stalking-statute standing
Latest Conference: 2023-10-27
Question Presented (from Petition)

1) Given the parties' histories, Did the Oregon Appellate court err, denying (2) separate alarming contacts of live gunfire in the direction of an easement roadway within 100 ' of Plaintiff, under Oregon's Stalking statute (ORS 30.866), and should these 2 incidences have been prima facie and/or err apparent on the record?

2) Would the reckless driving alarming contact towards plaintiffs senior citizen father be considered an alarming contact for the purposes of two incidences necessary for a permanent SPO, and would a requesting judicial notice for those litigated prior cases within a 2 year period be sufficient for making a claim?

3)Would a Civil Jury trial be mandatory, independent to determine the facts for civil damages prior to a case in chief criminal misdemeanor stalking hearing under ORS 30.866, that Oregon also does not provide a criminal jury trial?

4) Whether the Oregon Appellate court can award Costs to Respondents in a misdemeanor stalking case contrary to statutes?

Question Presented (AI Summary)

Whether the Oregon Appellate court erred in denying separate alarming contacts of live gunfire within 100' of Plaintiff under Oregon's Stalking statute

Docket Entries

2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2023)

Attorneys

Thomas DeMartino
Thomas DeMartino — Petitioner