Fair chance to present evidence
Malden v. A Crown Roofing
In brief
- Where it stands
- Dismissed
Petition denied.
- What it’s about
- Timothy L. Malden’s petition asks whether Florida courts denied him a fair chance to present expert and damages evidence before the trial court ended his civil case against A Crown Roofing for lack of proof.
- Who it affects
- The denial means Malden did not get Supreme Court review of his claims; it does not resolve whether the Florida courts violated his rights.
Summary: written with AI from the case record.
What it's about
It also asks whether Florida’s Fifth District Court of Appeal adequately reviewed his federal due-process claims.
Malden's petition challenged the trial judge's handling of evidence, including expert testimony and documents such as photographs, permits and repair invoices.
The dispute grew out of a Florida civil case that ended when the trial judge found Malden had not presented enough proof.
Question presented
1. Whether the Due Process Clause permits a state trial court to exclude or materially curtail critical expert and damages proof through mid-trial motion practice and ambiguous off-the-record instructions, without constitutionally adequate notice and a meaningful opportunity to respond, and then to enter a directed verdict for lack of proof. 2. Whether due process is violated when a state court directs a verdict against a pro se civil litigant after the record shows he attempted to offer photographs, permits, and repair invoices, but the court neither clearly clarified on the record what documentary damages proof could be admitted nor allowed a meaningful offer of proof or reopening before judgment. 3. Whether a state appellate court may leave such federal due-process claims effectively unreviewed through an unexplained per curiam affirmance after those claims were squarely presented as grounds for reversal.
Documents
Docket activity
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AI analysis generated: Case Briefing
AI analysis generated: Decision Record
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More questions
- What did the denial do to the Florida court's result?
- It left that result in place, but did not mean the Supreme Court agreed with the state courts' reasoning.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.