No. 24-1256

Gary Robinson v. Jerry N. Higgins, et al.

Lower Court: Sixth Circuit
Docketed: 2025-06-09
Status: Denied
Type: Paid
Response Waived
Tags: due-process fair-hearing fourteenth-amendment judicial-procedure property-rights tax-lien
Latest Conference: 2025-09-29
Question Presented (from Petition)

1. Whether the state of Kentucky violated the
Due Process Clause of the Fourteenth Amendment by
enforcing an illegal tax lien, depriving the petitioner of
property without a fair hearing and meaningful
opportunity to contest the action.

2. Whether the procedural defects, including a
court officer signing a summons in place of the defendant,
render the resulting judgment unconstitutional under
the Fifth and Fourteenth Amendments.

3. Whether the use of a Master Commissioner to
conduct judicial functions, despite lacking proper judi
cial authority, violates the petitioner 's fundamental
rights under the U.S. Constitution.

4. Whether the denial of discovery deprived the
petitioner of a meaningful opportunity to develop the
record and contest the foreclosure proceedings, in vio
lation of the Due Process Clause of the Fourteenth
Amendment.

Question Presented (AI Summary)

Whether the state of Kentucky violated the Due Process Clause of the Fourteenth Amendment by enforcing an illegal tax lien, depriving the petitioner of property without a fair hearing and meaningful opportunity to contest the action

Docket Entries

2025-10-06
Petition DENIED.
2025-08-27
DISTRIBUTED for Conference of 9/29/2025.
2025-08-07
2025-08-07
Brief of respondent Jerry N. Higgins in opposition filed.
2025-08-06
Brief of Judge Mary Shaw and Master Commissioner Carole C. Schneider in opposition submitted.
2025-08-06
Brief of respondents Judge Mary Shaw, et al. in opposition filed.
2025-06-24
Motion to extend the time to file a response is granted and the time is extended to and including August 8, 2025, for all respondents.
2025-06-23
Motion of Jerry N. Higgins for an extension of time submitted.
2025-06-23
Motion to extend the time to file a response from July 9, 2025 to August 8, 2025, submitted to The Clerk.
2025-06-12
Waiver of right of respondent Kentucky to respond filed.
2024-10-26

Attorneys

Gary Robinson
Gary Robinson — Petitioner
Jerry N. Higgins
Crystal Gates RoweKightlinger & Gray, LLP, Respondent
Judge Mary Shaw and Master Commissioner Carole C. Schneider
Melissa Norman BorkDentons Bingham Greenebaum LLP, Respondent
Kentucky
Matthew Franklin KuhnOffice of Attorney General of Kentucky, Respondent