No. 24A626

Larry E. Parrish v. Supreme Court of Tennessee

Lower Court: Tennessee
Docketed: 2024-12-26
Status: Presumed Complete
Type: A
Tags: constitutional-challenge due-process fourteenth-amendment impartial-judge judicial-recusal structural-right
Latest Conference: N/A
Question Presented (from Petition)

Because it is a structural constitutional right, can any litigant for any reason agree, by waiver or can a State for any reason forfeit any litigant's undeniable Fourteenth Amendment structural due process right to be adjudicated by no person other than a constitutionally qualified judge?

Otherwise stated, is the right that no person other than a constitutionally qualified judge can adjudicate, in a court, any litigant's claims a structural right of the public, rather than a personal right of the litigant; therefore, is the litigant constitutionally forbidden to waive and the state constitutionally forbidden to statutorily forfeit the right, no different from a litigant being forbidden to waive or a state to forfeit the public's structural right that only courts with subject matter jurisdiction can render orders and judgments?

Question Presented (AI Summary)

Whether a state supreme court rule requiring timely judicial recusal motions violates a litigant's structural due process right to an impartial judge under the Fourteenth Amendment

Docket Entries

2025-01-03
Application (24A626) granted by Justice Kavanaugh extending the time to file until January 30, 2025.
2024-11-05
Application (24A626) to extend the time to file a petition for a writ of certiorari from December 8, 2024 to January 30, 2025, submitted to Justice Kavanaugh.

Attorneys

Parrish
Larry Edward Parrish — Petitioner