Breaking News

Shao v. Wang

Petition for certiorari denied on February 23, 2015
Docket No. Op. Below Argument Opinion Vote Author Term
14-7244 Cal. Ct. App. N/A N/A N/A N/A OT 2014

Issue: (1) Whether the child should have rights of liberty, including not to be forced to be separated from his/her mother, to live in the spirit of peace, dignity, tolerance, freedom, equality and solidarity, under the Fourteenth Amendment of the U.S. Constitution by implementing the international standards of the child’s rights accorded by the United Nations’ Convention on the Rights of the Child of 1990 and the Declaration of the Rights of the Child of 1959; (2) whether Section 3042 of California’s Family Code should be declared to be void for violating the due process clause and the equal protection clause of the Fourteenth Amendment of the U.S. Constitution in discriminating against the child’s rights for the child in the ages of four to thirteen by requiring the Court to consider the child’s wish only for the children of age fourteen or over, which is in conflict with Sections 366.26(g) and 317(e)(2) of California’s Welfare and Institutions Code which mandates a court to consider a child’s wishes from age four; (3) whether a second or even third right to appeal should be created when an appellant was not afforded an opportunity to pursue her first right of appeal in the state’s appellate courts, in consideration of the facts that (a) the policy of Section 68081 of the California Government Code mandates rehearing when a litigant was not given notice to a dispositive case; (b) The Republic of China in Taiwan has two rights of appeal to its highest court, the Supreme Court, created more than 80 years’ ago; and (c) cries of appellants nationwide for injustice because of only one right of appeal; (4) whether there is a compelling reason to review de novo when petitioner has not been afforded the opportunity to pursue her first right to appeal as the California Court of Appeals broke the laws for appeals by (a) denying calendar preference and delaying review by 19 months; (b) denying petitioner’s right of statutory oral argument in Rule 8.256(c)(2) of the California Rules of Court, Art. VI, Clause 3 of the California Constitution, and the equal protection clause of the Fourteenth Amendment; (c) failing to determine crucial causes in the opinion as mandated by Article VI, Section 14 of the California Constitution and in violation of the equal protection clause of the Fourteenth Amendment; (d) issuing a surprising dismissal of appeal based on an unbriefed case and further denying petitioner rehearing mandated by Section 68081 of the California Government Code; (5) whether “good cause” as a ground for removing a child’s attorney under California Court Rule 5.240(f)(2) is void for vagueness and unenforceable; what the standards are for removing a child’s attorney; whether a child’s attorney should be removed for failure to represent the child’s wishes; and whether, by having a right to express their wishes in litigation that concerns them as prescribed in the Convention on the Rights of the Child, a child has a right to select and remove his/her attorney who obstructs his/her wishes; (6) whether the state court severely violates appellant’s human rights guaranteed under the Fourteenth Amendment by re-issuing parental deprival orders without notice, motion, or evidentiary hearing, after the same were set aside; and (7) whether the federal remedy of habeas corpus in 28 U.S.C. § 2254 should be expanded in interpretation and application to include parental deprival.

DateProceedings and Orders (key to color coding)
Nov 12 2014Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 29, 2014)
Dec 19 2014Application (14A677) for a stay pending disposition of the petition for a writ of certiorari, submitted to Justice Kennedy.
Dec 23 2014Application (14A677) denied by Justice Kennedy.
Dec 23 2014Application (14A677) refiled and submitted to The Chief Justice.
Jan 7 2015Application (14A677) referred to the Court.
Jan 7 2015DISTRIBUTED for Conference of January 23, 2015.
Jan 15 2015DISTRIBUTED for Conference of February 20, 2015.
Jan 16 2015Supplemental brief of applicant Linda Shao filed.
Jan 26 2015Application (14A677) denied by the Court.
Feb 23 2015Petition DENIED.
Mar 20 2015Petition for Rehearing filed.
Mar 25 2015DISTRIBUTED for Conference of April 17, 2015.
Apr 8 2015Motion to defer consideration of the petition for rehearing filed by petitioner. (Distributed)
Apr 20 2015Rehearing DENIED.