No. 23-83

Martine Bernard v. Christopher Hodyl

Lower Court: Colorado
Docketed: 2023-07-27
Status: Denied
Type: Paid
Tags: 14th-amendment contract-coercion court-ordered court-ordered-visitation due-process fourteenth-amendment freedom-of-contract procedural-due-process state-court visiting-supervisor
Key Terms:
DueProcess
Latest Conference: 2023-10-06
Question Presented (from Petition)

1. Whether a state court's denial of the right to freely negotiate the terms of a visiting supervisor's contract on the grounds that the supervised visits are court-ordered constitutes a violation of the freedom of contract guaranteed by the Fourteenth Amendment of the United States Constitution?

2. Whether a claim to freedom of contract guaranteed by the Fourteenth Amendment of the United States Constitution is now barred by issue preclusion and claim preclusion when the claim to freedom of contract was raised in the district court but a final judgment was never entered and was never addressed when it was raised on appeal?

3. Whether procedural due process guaranteed by the Fourteenth Amendment of the United States Constitution was violated when a litigant was left with only six (6) minutes for examination and cross examination as a result of the court allowing unplanned enlargement of the scope of the hearing after the hearing has already started?

Question Presented (AI Summary)

Whether a state court's denial of the freedom of contract violates the 14th Amendment

Docket Entries

2023-10-10
Petition DENIED.
2023-09-13
DISTRIBUTED for Conference of 10/6/2023.
2023-07-24

Attorneys

Martine Bernard
Martine Bernard — Petitioner