No. 23-7781

Timothy Dasler v. Jennifer Knapp, fka Dasler

Lower Court: Vermont
Docketed: 2024-06-21
Status: Denied
Type: IFP
IFP
Tags: best-interest-of-the-child constitutional-fairness domestic-relations due-process equitable-tolling judicial-discretion jurisdictional-limits Palmore-v-Sidoti parental-rights Troxel-v-Granville
Key Terms:
ERISA DueProcess JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. In light of the Supreme Court's efforts to clarify the use of 'jurisdictional'
versus 'claims-processing' terms (Hamer v. Neighborhood Hous. Servs., 2017)
and recognizing equitable tolling as a 'traditional feature of American
jurisprudence' that applies absent explicit legislative contravention
(Boechler, P.C. v. Commissioner of Internal Revenue, 2022), are state courts
required to demonstrate clear legislative intent for jurisdictional limits and
exercise appropriate discretion before denying the availability of equitable
tolling, to ensure procedural fairness consistent with federal principles?

2. In light of limited Supreme Court guidance affirming constitutional
guarantees in parental custody decisions —specifically between parents, as
outlined in standards set by Troxel v. Granville, 530 U.S. 57(2000), and
Palmore v. Sidoti, 466 U.S. 429(1984) —is it constitutional for state courts to
allow subjective judicial assessments of the 'best interest of the child' to
supersede the fundamental rights of parents and children to a fair and
meaningful hearing grounded in constitutionally permissible factors, or
otherwise circumvent established standards of fairness and due process in
domestic relations proceedings? This question is exemplified by Knutsen v.
Cegalis VT 2017 62, which allowed five years of suspended visitation by
prioritizing judicial preferences and constitutionally intolerable
considerations over due process rights.

Question Presented (AI Summary)

Equitable-tolling-of-jurisdictional-limits

Docket Entries

2024-10-07
Petition DENIED.
2024-08-08
DISTRIBUTED for Conference of 9/30/2024.
2024-04-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2024)
2024-01-30
Application (23A697) granted by Justice Sotomayor extending the time to file until April 5, 2024.
2024-01-25
Application (23A697) to extend the time to file a petition for a writ of certiorari from February 5, 2024 to April 5, 2024, submitted to Justice Sotomayor.

Attorneys

Timothy Dasler
Timothy Dasler — Petitioner