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Joseph Conforte v. Commissioner of Internal Revenue. No. A-584

In Molinaro v. New Jersey, supra, the Court said that while a litigant's status as a fugitive from justice "does not strip the case of its character as an adjudicable case or controversy, we believe it disentitles the [litigant] to call upon the resources of the Court for determination of his claims." 396 U.S., at 366, 90 S.Ct., at 498. See also Smith v. United States, 94 U.S. 97, 24 L. Ed. 32 (1876). While this Court has never extended the "fugitive from justice" rule beyond the facts of Molinaro and Smith (i.e., where the criminal conviction the litigant is a fugitive from is the judgment being challenged on appeal), the court below correctly points out that the Courts of Appeals have done so on a number of occasions. Since we have denied certiorari in this type case in the past, I do not believe it likely that applicant's petition will be granted. See, e.g., Doyle v. Department of Justice, supra.

For these reasons the application is denied.

While applicant alleges injury in his request for a stay, he does not set forth a legal argument on the merits. Thus, the application could be denied for applicant's failure to carry his burden of overcoming the presumptive correctness of the Court of Appeal's decision. Whalen v. Roe, 423 U.S. 1313, 1316, 96 S. Ct. 164, 165, 46 L. Ed. 2d 18 (1975) (MARSHALL, J., in chambers).

Applicant's failure to seek a stay in the Court of Appeals provides an alternative ground for denial of the stay. "An application for a stay or injunction to a Justice of this Court shall not be entertained, except in the most extraordinary circumstances, unless application for the relief sought first has been made to the appropriate court or courts below, or to a judge or judges thereof." Rule 44.4. Applicant seeks to be excused from his failure to comply with this rule, not because of any "extraordinary circumstances," but because, according to applicant, the Court of Appeals "has ruled that [he] has forfeited any right to seek relief from the judicial processes of" that court. To the contrary, the court found only that applicant could not pursue his civil appeal unless he turned himself in within 56 days.

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Joseph Conforte v. Commissioner of Internal Revenue. No. A-584
(Jan 12, 1983)