Conference: 2018-10-12

110 cases — 0 granted, 110 denied/dismissed, 0 pending

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Case Title Lower Court Status Flags Tags Question Presented
18-124 Two-Way Media Ltd. v. Comcast Cable Communications, LLC, et al. Federal Circuit Denied 35-usc-101 abstract-idea factual-questions innovation-specificity motion-to-dismiss patent-claims patent-eligibility patent-eligibility-under-35-usc-101 patent-specification section-101 specificity-requirement technological-architecture Innovative-technological-architecture-for-online-media-streaming
18-167 MCC (Xiangtan) Heavy Industrial Equipment Co., Ltd. v. Liebherr Mining & Construction Equipment, Inc., dba Liebherr Mining Equipment Newport News Co. Virginia Denied civil-procedure civil-rights co-conspirators constitutional-law due-process forum-state nonresident-defendant personal-jurisdiction Whether the Due Process Clause permits a court to exercise personal jurisdiction over a nonresident defendant based on the contacts of the defendant's…
18-176 Conestoga Trust Services, LLC, as Trustee of the Conestoga Settlement Trust, dated May 1, 2010 v. Sun Life Assurance Company of Canada Sixth Circuit Denied civil-procedure direct-evidence disinterested-witness evidence judicial-discretion material-fact material-facts nonmovant reasonable-jury reasonable-jury-standard summary-judgment witness-credibility Whether a court may weigh and discredit direct evidence from a disinterested witness that would prove a material fact, under the guise of applying the…
18-181 Larry Elliot Klayman v. Stephanie Ann Luck Ohio Denied civil-procedure comity constitutional-hierarchy due-process federal-court-judgment federal-judgment federal-jurisdiction federal-preemption judicial-enforcement state-court-intervention state-court-jurisdiction state-court-order supremacy-clause writ-of-execution Whether the Supremacy Clause precludes a state court from enjoining the enforcement of a federal court judgment
18-198 Lucio Celli v. New York City Department of Education, et al. Second Circuit Denied Response Waived administrative-regulations cba civil-procedure civil-rights collective-bargaining contract-clause due-process grievance-process judicial-bias judiciary-act judiciary-act-of-1789 racial-animus standing taylor-law Whether a plaintiff should be allowed to plead facts related to a collective bargaining agreement and administrative regulations under §1981 and Title…
18-200 Michigan v. Charles Damon Jones Michigan Denied Response Waived appellate-review criminal-procedure double-jeopardy due-process inconsistent-verdicts judicial-discretion jury-confusion jury-instructions jury-nullification jury-verdict jury-verdicts legal-standard new-trial sufficiency-of-evidence trial-procedure verdict-inconsistency Whether the Michigan Court of Appeals erred in granting a new trial based on an inconsistent jury verdict, even though irreconcilable jury verdicts ar…
18-201 Parviz Montazer v. Parvin R. Montazer California Denied appellate-counsel appellate-procedure civil-procedure conflict-of-interest constitutional-protections criminal-contempt criminal-procedure due-process indigent-defendant indigent-rights ineffective-assistance-of-counsel judicial-bias right-to-counsel sixth-amendment transcript-costs Whether an indigent defendant in a criminal contempt proceeding has a right to appointed counsel and a free transcript on appeal
18-205 Northern California Water Association, et al. v. California State Water Resources Control Board, et al. California Denied Response Waived central-valley-project federal-property intergovernmental-immunity preemption property-rights sovereign-immunity state-taxation state-water-board supremacy-clause tax-assessment taxation water-contractors water-contracts water-rights Is a California statute imposing a direct tax on the United States' property interest in water constitutional if it is applied in a manner that passes…
18-224 Luke O. Pickens v. Brevard Police Testing and Selection Center Florida Denied Response Waived ada-discrimination-perceived-disability,civil-righ ada-discrimination-perceived-disability,public-pro ada-title-ii americans-with-disabilities-act disability-discrimination due-process equal-protection judicial-administration law-enforcement-training public-programs reasonable-accommodation Whether 42 USC §12132 bars a state agency from discriminating against a qualified individual, perceived by the agency as disabled, by excluding the in…
18-258 Hatem El-Khalidi v. Arabian American Development Company Texas Denied Response Waived access-to-court access-to-courts americans-with-disabilities-act burden-of-proof burdens-of-proof civil-procedure civil-rights constitutional-protection disability-rights due-process standing title-ii Must a person conclusively establish the limitations caused by a disability to invoke the protection of the constitutional right of access to court pr…
18-293 Janos Farkas v. Ocwen Loan Servicing, L.L.C., et al. Fifth Circuit Denied Response Waived civil-procedure constitutional-rights dispositive-motion due-process federal-court fifth-amendment fourteenth-amendment motion-practice standing time-limits time-to-respond Does a federal court deprive a party's constitutional due process right when allowing only three days to respond to a dispositive motion?
18-303 Henryk Oleksy v. General Electric Company Federal Circuit Denied Response Waived appellate-procedure civil-procedure counterclaim-dismissal court-precedent due-process federal-circuit finality finality-of-judgment judgment-finality patent patent-law precedent supervisory-power Whether district court judgment was final despite lack of express dismissal of invalidity counterclaim
18-342 City of Maplewood, Missouri v. Cecelia Roberts Webb, et al. Eighth Circuit Denied Response Waived arm-of-the-state constitutional-deprivation legal-definition mcmillian-v-monroe-county monell-liability monell-v-dept-of-soc-serv municipal-corporation-liability municipal-corporations municipal-court-divisions municipal-liability policy-custom real-party-in-interest sovereign-immunity state-entity unified-court-system Whether sovereign immunity bars a lawsuit against a municipal corporation that is defined to include a legally-distinct state entity, such that the re…
18-368 Cedrick Thomas v. Jeffrey Cozzi Eleventh Circuit Denied Response Waived 42-usc-1983 4th-amendment civil-procedure civil-rights detective-thomas district-of-columbia-v-wesby eleventh-circuit false-arrest fourth-amendment law-enforcement probable-cause qualified-immunity Whether the Eleventh Circuit erred in affirming the denial of probable cause and qualified immunity for Detective Thomas
18-5168 Jose Palacios, Jr. v. United States Fifth Circuit Denied IFP appeal appellate-review circuit-split criminal-procedure criminal-sentencing de-novo-resentencing due-process remand remand-rule resentencing sentencing sentencing-guidelines Should this Court resolve the conflict among the circuits concerning whether the remand rule should be interpreted restrictively, as held by three cir…
18-5184 Ahmad Sayed Hashimi v. United States Fourth Circuit GVR IFP appeal criminal-defense criminal-procedure due-process harmless-error ineffective-assistance-of-counsel right-to-counsel right-to-maintain-innocence sixth-amendment supreme-court-precedent trial-strategy Whether the case of United States v. Anmad Hashimi should be remanded for review and decision by the Fourth Circuit Court of Appeals in light of the U…
18-5191 Jose Paniagua-Paniagua v. United States Ninth Circuit Denied IFP circuit-split collateral-review criminal-conviction criminal-convictions due-process fundamental-fairness immigration-law removal-order removal-proceedings retroactivity statutory-interpretation Whether a court reviewing the fundamental fairness of a prior removal order under 8 U.S.C. § 1326(d) can consider the current understanding of the nat…
18-5222 Corvain T. Cooper, aka CV v. United States Fourth Circuit Denied IFP collateral-review criminal-procedure due-process federal-sentencing federal-statute habeas-corpus invalidated-convictions life-without-parole resentencing sentencing state-convictions Whether a petitioner who was sentenced to life without the possibility of parole, which was enhanced by two later invalidated state convictions, may a…
18-5529 Dewey Steven Terry v. Phillip Earley, et al. Ninth Circuit Denied Response WaivedIFP administrative-law civil-rights due-process employment employment-retaliation first-amendment fourteenth-amendment free-speech Question not identified. question-not-identified retaliation settlement-negotiations Did the Ninth Circuit Court of Appeals err in concluding that the petitioner's First and Fourteenth Amendment rights were not violated during settleme…
18-5557 Matthew Joseph Bussing v. Michigan Michigan Denied IFP abuse-of-discretion civil-procedure civil-rights due-process evidence expert-testimony expert-witness standard-of-review supreme-court-precedent Whether the court abused its discretion in permitting a rebuttal witness who was not an expert in pediatric child abuse to testify outside his compete…
18-5558 Joseph William Atwell v. Tammy Ferguson, Superintendent, State Correctional Institution at Graterford, et al. Third Circuit Denied IFP constitutional-rights due-process fair-trial fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudicial-evidence sixth-amendment Whether the state deprived petitioner of his guaranteed right to a fair trial
18-5562 Albert Norman Pierre, Sr. v. Darrel Vannoy, Warden Fifth Circuit Denied IFP circuit-court-split circuit-split constitutional-rights due-process fair-trial innocence perjured-testimony prosecutorial-knowledge prosecutorial-misconduct recantation victim-recantation Whether petitioner was denied due process and a fair trial due to victim's false testimony and post-trial recantation
18-5563 Peter Cain Bruton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit Denied IFP closing-argument extraneous-offenses ineffective-assistance ineffective-assistance-of-counsel mistrial motion-in-limine prosecutorial-misconduct trial-counsel violation violation-of-court-order Is an attorney ineffective when he fails to support a motion for mistrial with a violation of Defense's Motion in Limine?
18-5570 Ilich Vargas v. Superior Court of California, San Bernardino County California Denied IFP civil-rights conflict-of-interest criminal-informants due-process evidence-suppression exculpatory-evidence fair-trial prosecutorial-misconduct sixth-amendment Whether district attorneys/prosecutors have a free-standing obligation to investigate and inquire into the backgrounds of criminal jailhouse informant…
18-5571 Keenan G. Wilkins, aka Nerrah Brown v. Contra Costa County, California, et al. Ninth Circuit Denied IFP 42-usc-1983 civil-procedure civil-rights due-process equal-protection standing 2nd-amendment civil-procedure civil-rights due-process standing takings Whether the 9th Circuit's holding in Peruta v. County of San Diego (2016) stands
18-5572 John E. Wells, Sr. v. David Gray, Warden Sixth Circuit Denied IFP certificate-of-appealability constitutional-rights due-process equal-protection federal-habeas-corpus habeas-corpus illegal-sentence judicial-power jury-trial res-judicata state-court-record void-judgment Does a Federal Court of Appeals deny Due Process by refusing to issue a Certificate of Appealability
18-5581 George Jenewicz v. New Jersey New Jersey Denied IFP 14th-amendment 6th-amendment civil-rights compulsory-process confrontation-clause criminal-procedure cross-examination due-process hearsay Was the petitioner denied the right of cross-examination and due process under the 6th and 14th amendments?
18-5582 Donald Lee Kissner v. Michigan Michigan Denied IFP civil-procedure civil-rights criminal-procedure due-process habeas-corpus introduction jurisdiction opinions-below standing state-court-review statement-of-the-case statutory-provisions Whether the petitioner's due process rights were violated by the state court's failure to provide a reasoned decision on the merits of his claims
18-5586 William Knight v. Florida Florida Denied IFP abuse-of-authority appellate-procedure criminal-procedure double-jeopardy due-process habitual-offender illegal-sentence judicial-abuse judicial-authority jurisdiction sentencing sentencing-error sentencing-guidelines statutory-maximum Whether trial court abused their authority by allowing the state attorney office to impose a sentence contrary to the requirements of the law on doubl…
18-5589 Victor O. Dema v. Allegiant Air LLC Ninth Circuit Denied IFP None
18-5590 Veronica M. Johnson v. Virginia, et al. Fourth Circuit Denied IFP 42-usc-1983 circuit-court civil-rights constitutional-rights due-process judicial-act judicial-immunity ministerial-duty spousal-support spousal-support-judgment Is judicial immunity an affirmative defense that must be pleaded and proved by a judge when Plaintiff files a clearly stated, sufficiently documented …
18-5592 Oscar Madrid v. Darrel Vannoy, Warden Fifth Circuit Denied IFP 14th-amendment civil-procedure civil-rights conflict-of-interest criminal-procedure due-process exhaustion exhaustion-of-remedies fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress state-court sufficiency-of-evidence Whether the court erred in finding claims 1-3 were not exhausted to the state's highest court
18-5595 Keith L. Williams v. Kul Sood, et al. Seventh Circuit Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights due-process eighth-amendment in-forma-pauperis judicial-discretion prisoner-rights procedural-error standing summary-judgment Whether court of appeals or district court abused its discretion in (8th) amendment violation claim by failing to acknowledge evidence
18-5596 George Wallace v. Ron E. Barnes, Warden Ninth Circuit Denied IFP actual-innocence discovery due-process evidentiary-hearing factual-findings federal-habeas federal-habeas-corpus legal-standard state-court-findings state-court-procedure Was the federal court required to accept petitioner's factual allegations as true when the state court made findings against the petitioner without a …
18-5608 Andres Mata v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit Denied IFP constitutional-law constitutional-rights criminal-procedure due-process federal-appeals federal-appeals-court habeas-corpus judicial-determination procedural-review state-appeals state-court-review Whether a federal court of appeals' determination that a habeas petitioner failed to make a substantial showing of the denial of a constitutional righ…
18-5610 Ram Saxena v. Nabilsi Yunes Abud Ninth Circuit Denied IFP bankruptcy civil-procedure civil-rights due-process standing takings Whether the court erred in dismissing the petitioner's bankruptcy case
18-5611 Phillip Dewayne Stewart v. Ronald John Stukey Eighth Circuit Denied IFP civil-procedure civil-rights due-process expiration-date medication medication-expiration missed-medication prescription prescription-drugs standing Whether the expiration date of a doctor-prescribed pain medication should be extended to avoid missing a dose
18-5619 Ralph Raul Contreras v. Hunter Anglea, Warden Ninth Circuit Denied IFP attorney-client-relationship attorney-fees california-rules-of-professional-conduct conflict-of-interest constitutional-rights professional-conduct right-to-counsel sixth-amendment state-created-rights Does a state-created right to require written consent from a client when others pay the attorney's fees constitute a denial of conflict-free counsel, …
18-5625 Arrion Lee Crew, Jr. v. W. L. Montgomery, Acting Warden Ninth Circuit Denied IFP civil-rights due-process evidence ineffective-assistance-of-counsel jury-instructions lesser-included-offense self-defense voluntary-manslaughter Whether the trial court prejudicially erred in failing to instruct on the lesser included offense of voluntary manslaughter
18-5627 Carl Anthony Webb v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit Denied IFP 4th-amendment arrest-procedure civil-rights color-of-law constitutional-violation due-process false-arrest false-evidence false-report false-testimony fourth-amendment law-enforcement video-evidence Whether the trial court's finding of fact and conclusion of law were an abuse of discretion
18-5629 Jermaine Dewitt Chaney v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit Denied IFP actual-innocence certificate-of-appealability certificate-of-appealibility civil-procedure criminal-procedure due-process federal-courts federal-district-court fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2254 standard-of-review standards Did the Fifth Circuit Court of Appeals err by reaching the merits of the case and denying certificate of appealability?
18-5632 Juan L. Leonor v. Scott R. Frakes, Director, Nebraska Department of Correctional Services Nebraska Denied IFP collateral-review constitutional-law constitutional-vagueness criminal-law criminal-procedure due-process final-conviction habeas-corpus procedural-rule retroactive-application retroactivity substantive-rule vagueness Whether a new substantive rule of constitutional law must be applied retroactively to final cases
18-5635 Charles Alfred Jackson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit Denied IFP certificate-of-appealability civil-procedure civil-rights due-process fraud-on-court fraud-on-the-court habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-notice judicial-review procedural-due-process state-court-proceedings strickland-standard Whether the district court sidestepped the COA determination under §2253(c) when it denied Jackson's appeal and his COA and justified its denial of hi…
18-5637 Afelix Desir v. Florida Florida Denied IFP criminal-law criminal-statute due-process fundamental-error information-charging jury-instructions minor minor-protection sexual-activity sexual-offense Does a trial court commit fundamental error when it instructs a jury regarding both 'Penile/Vaginal intercourse' unlawful sexual activity with specifi…
18-5643 Nathan Craft v. Willie Bonds, Administrator, South Woods State Prison, et al. Third Circuit Denied IFP 4th-amendment consent-search fourth-amendment habeas-corpus pro-se-litigant schneckloth-v-bustamonte stone-v-powell When pro-se litigant's 4th amendment consent search claim is misunderstood and misstated, can Stone v. Powell standard be applied to consent search is…
18-5668 Thomas Blackledge v. United States Fourth Circuit Denied Response WaivedIFP adam-walsh-act civil-commitment civil-rights due-process recidivism sexually-dangerous-persons volitional-control Whether the Adam Walsh Act's civil commitment provisions violate due process by allowing commitment based solely on an individual's private fantasies …
18-5677 Robert Alan Loughner v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia Denied Response WaivedIFP constitutional-rights due-process habeas-corpus habeas-corpus,ineffective-assistance-of-counsel,du ineffective-assistance-of-counsel legal-malpractice negligence prejudice trial-outcome trial-procedure Whether the state court erred in denying petitioner's writ of habeas corpus alleging ineffective-assistance-of-counsel where petitioner's attorney was…
18-5728 Wesley Brian Earnest v. Keith W. Davis, Warden, et al. Virginia Denied Response WaivedIFP 14th-amendment 1st-amendment civil-procedure due-process equal-protection standing civil-rights criminal-procedure due-process habeas-corpus prisoner-rights standing Whether the Virginia Supreme Court erred in denying the petitioner's appeal for a writ of habeas corpus
18-5769 Edward Smith v. LaShann Eppinger, Warden Sixth Circuit Denied Response WaivedIFP affidavit-of-indigence anti-terrorism-and-effective-death-penalty-act antiterrorism-and-effective-death-penalty-act civil-rights due-process habeas-corpus in-forma-pauperis ineffective-assistance-of-counsel motion-to-proceed rule-60(b) sixth-amendment sixth-circuit standard-of-review standing Whether the Sixth Circuit erred in denying petitioner's habeas corpus petition challenging his conviction and sentence under the Antiterrorism and Eff…
18-5794 Ronnie Keith Davis v. Benjamin Maddie Fifth Circuit Denied Response WaivedIFP civil-rights civil-rights-procedure civil-rights-proceeding evidentiary-hearing first-national-bank-v-lustig fraud-upon-court fraud-upon-the-court hazel-atlas-glass inherent-power miscarriage-of-justice rozier-v-ford-motor rule-60(b)(3) rule-60b3 sanctions summary-judgment Whether a motion to vacate a judgment under Rule 60(b)(3) is governed by the grave miscarriage of justice standard when alleging fraud upon the court …
18-5857 Jeffrey Latimore v. Julie L. Jones, Secretary, Florida Department of Corrections Florida Denied Response WaivedIFP competency competency-hearing constitutional-rights criminal-procedure due-process habeas-corpus mental-competency plea-agreement plea-bargaining right-to-counsel state-attorney-office state-court state-courts trial-court WHETHER TRIAL COURT ABUSED THEIR AUTHORITY BY DENYING PETITIONER LATIMORE A COMPETENCY HEARING BEFORE A PLEA AGREEMENT
18-5859 Epifanio Martinez Perez v. Jefferson B. Sessions, III, Attorney General Ninth Circuit Denied Response WaivedIFP None
18-5868 William David Cannon v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia Denied Response WaivedIFP civil-rights cumulative-prejudice due-process fair-trial fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard Whether the cumulative effect of multiple constitutional violations, including ineffective assistance of counsel, deprived the defendant of a fair tri…
18-5889 James Ronald Welch, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit Denied Response WaivedIFP abuse-of-discretion appeals appellate-procedure appellate-review civil-procedure civil-rights court-procedure criminal-procedure due-process habeas-corpus judicial-discretion judicial-review legal-review standing Whether the U.S. Circuit Court Judge Kevin C. Newson erred in denying Appellant's appeal
18-5902 Terrence Javon Allen, Sr. v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit Denied Response WaivedIFP civil-rights due-process equal-protection pro-se sixth-amendment speedy-trial Can the courts violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment by denying a criminal defendant his Sixth Amendment ri…
18-5905 Cortez Moore v. Illinois Illinois Denied Response WaivedIFP criminal-procedure due-process fair-trial judicial-bias officer-testimony opening-argument prosecutorial-misconduct sixth-amendment testifying-officers witness-credibility Whether the State of Illinois deprived Cortez Moore of a fair trial where during opening argument it repeatedly characterized the testifying officers …
18-5922 Robert Joseph Sarhan v. Federal Bureau of Prisons Eleventh Circuit Denied Response WaivedIFP administrative-law civil-procedure fraud-on-the-court res-judicata violated-supreme-court-precedent administrative-law civil-procedure due-process fourteenth-amendment fraud-on-court fraud-on-the-court manifest-injustice res-judicata void-judgment Whether the Eleventh Circuit Court of Appeals and other courts acted inconsistently with due process and Supreme Court precedent in affirming the peti…
18-5937 Charles Lee Burton v. Alabama Alabama Denied IFP aggravating-factors caldwell-v-mississippi capital-sentencing capital-sentencing-scheme constitutional-review death-penalty eighth-amendment evolving-standards-of-decency hurst-v-florida jury-instructions jury-recommendation mitigating-factors Whether Alabama's capital sentencing scheme is unconstitutional under Hurst v. Florida and Caldwell v. Mississippi
18-5941 Robert Earl Tippens, Jr. v. Virginia Virginia Denied Response WaivedIFP civil-procedure civil-rights due-process fifth-amendment free-speech just-compensation property-rights regulatory-takings standing takings takings-clause Whether the Takings Clause of the Fifth Amendment prohibits the government from requiring a property owner to dedicate a portion of their private prop…
18-5949 Charles Litton Morris v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit Denied Response WaivedIFP 2254-d-1-2 appointment-of-counsel brady-strickland-constitutional-claims claims-ignored constitutional-violation district-court-failure due-process evidentiary-hearing habeas-corpus insufficient-evidence judicial-bias personal-jurisdiction plea-validity subject-matter-jurisdiction supremacy-clause supremacy-clause-conflict-preemption issues being raised
18-5950 Artis Ryan Miller v. United States Fifth Circuit Denied Response WaivedIFP actual-innocence civil-procedure constitutional-law due-process ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief standing statutory-interpretation supreme-court-procedure writ-of-certiorari Whether the Fifth Circuit erred in affirming the district court's denial of Petitioner's motion for a new trial based on newly discovered evidence of …
18-5956 James E. Whitney v. Arkansas Arkansas Denied Response WaivedIFP appeal civil-procedure civil-rights criminal-procedure due-process evidence patent search-and-seizure standing takings Whether the petitioner's constitutional rights were violated by the state court's denial of his motion to suppress evidence obtained in violation of t…
18-5957 Raul Arcila v. United States Ninth Circuit Denied Response WaivedIFP 21-usc-841 criminal-procedure drug-statute due-process evidentiary-issues jury-evidence jury-instructions plain-error proximate-cause sentencing-factor unfair-prejudice Whether the District Court committed plain error by allowing the government to convert a sentencing factor into a proximate cause element
18-5964 Nicholas Hacheney v. Mike Obenland, Superintendent, Monroe Correctional Complex Ninth Circuit Denied Response WaivedIFP certificate-of-appealability constitutional-law due-process federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court-reasoning state-court-review wilson-v-sellers Whether the Ninth Circuit's decision failing to grant a certificate of appealability for the ineffective assistance of counsel claim conflicts with Wi…
18-5966 Joseph Faulkner v. United States Seventh Circuit Denied Response WaivedIFP criminal-prosecution double-jeopardy fifth-amendment law-of-case-doctrine law-of-the-case prosecution sentencing sentencing-enhancement uncharged-conduct witte-v-united-states Whether the use of uncharged conduct to increase a sentence means the conduct was used to punish, and a subsequent prosecution for the same conduct sh…
18-5967 Matthew Wade Howard v. United States Tenth Circuit Denied Response WaivedIFP circuit-split criminal-law due-process federal-courts federal-criminal-law federal-guideline guideline-application sentencing-guidelines statutory-interpretation tenth-circuit Whether the Tenth Circuit and other circuits have broadened the application of U.S.S.G. § 2K2.1(b)(6)(B) beyond the plain language of the guideline's …
18-5968 In Re Jose Prisciliano Gracia-Cantu Denied Response WaivedIFP abuse-of-discretion criminal-sentencing federal-appeals-court federal-courts federal-prisoner judicial-discretion mandamus mandate mandate-stay resentencing sentencing-guidelines unreasonable-sentence vacated-sentence writ-of-mandamus Whether a federal court of appeals can stay its mandate for more than five months, thereby keeping a federal prisoner in jail under an unreasonable se…
18-5970 Allen D. Gorion v. United States Ninth Circuit Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing cruel-and-unusual-punishment due-process federal-sentencing judicial-discretion reasonableness reasonableness-standard sentencing-discretion sentencing-guidelines sentencing-reform Whether certiorari should be granted to set forth some guidelines in determining when a sentence is unreasonable?
18-5971 Donavan T. Fortin v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit Denied Response WaivedIFP actual-innocence due-process estelle-v-mcguire evidentiary-hearing federal-courts habeas-corpus habeas-corpus-principles judicial-review ninth-circuit state-court state-law state-law-interpretation williams-v-taylor Whether the Ninth Circuit's decision, which interpreted state law contrary to the state court's ruling, conflicts with Estelle v. McGuire
18-5972 Assane Faye v. United States Third Circuit Denied Response WaivedIFP burden-of-proof fifth-amendment indictment jury-instruction jury-instructions non-statutory-element prosecutorial-discretion sufficiency-of-evidence trial-procedure Does the government heighten its burden of proof at trial by adding a non-statutory element to the indictment, pursuing its case to include that extra…
18-5973 Alvin Ramirez-De Jesus v. United States First Circuit Denied Response WaivedIFP 18-usc-3553(a) booker-standard criminal-procedure drug-conspiracy exclusionary-rule fourth-amendment probable-cause probation-revocation procedural-reasonableness reasonable-suspicion search-and-seizure sentencing-factors sentencing-guidelines substantive-reasonableness supervised-release Whether the First Circuit erred in affirming the district court's denial of the petitioner's motion to suppress evidence obtained in violation of the …
18-5978 John Robert Register, Jr. v. United States Eleventh Circuit Denied Response WaivedIFP career-offender civil-rights criminal-procedure drug-possession due-process plain-error prior-convictions sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation Did the court commit a plain error by applying a career offender enhancement to petitioner, even though his prior convictions neither of which had the…
18-5979 Malik Derry v. United States Third Circuit Denied Response WaivedIFP 5th-amendment 6th-amendment brady-v-maryland brady-violation conspiracy constitutional-rights criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment law-of-case right-to-be-present right-to-counsel sixth-amendment suppression-of-evidence Whether the Fifth or Sixth Amendments, or Rules 43 and 44 of the Federal Rules of Criminal Procedure, are violated
18-5983 Louis Charlton v. United States Sixth Circuit Denied Response WaivedIFP criminal-defense criminal-procedure due-process fair-opportunity fair-trial impartial-jury present-defense sixth-amendment trial-by-jury trial-rights Was Petitioner denied the Sixth Amendment guarantee of a trial by an impartial jury when he was not allowed a fair opportunity to present his defense …
18-5987 Ajohntae Hammond v. United States Tenth Circuit Denied Response WaivedIFP 4th-amendment circuit-split fourth-amendment officer-safety police-discretion pretext probable-cause qualified-immunity reasonable-suspicion search-and-seizure totality-of-circumstances totality-of-the-circumstances warrantless-search Whether a police officer's fear for safety justified a warrantless search
18-5992 Amilcar C. Butler v. United States Sixth Circuit Denied Response WaivedIFP amendment-782 commutation criminal-resentencing criminal-sentencing executive-branch executive-commutation judicial-branch judicial-discretion judicial-executive-branch-interaction mandatory-minimum sentencing-guidelines Does Butler's statutory mandatory minimum sentence initially imposed by the judicial branch and later commuted by the executive branch bar him from se…
18-5994 Ricky Wayne White v. Arkansas Arkansas Denied Response WaivedIFP criminal-procedure due-process habeas-corpus judicial-error legal-relief maximum-sentence misdemeanor-enhancement sentencing sentencing-error state-court-jurisdiction state-courts Is an error of a lower State Court in exceeding the maximum sentence legally allowed, cognizable for relief at any time?
18-5996 Gene Lemay Barris v. United States Eighth Circuit Denied Response WaivedIFP appeal criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment habeas-corpus ineffective-assistance-of-counsel sentencing unreasonable-sentence Whether the sentencing court erred in imposing an unreasonable sentence on the defendant in violation of the Eighth Amendment's prohibition on cruel a…
18-5997 Francisco Burciaga v. United States Tenth Circuit Denied Response WaivedIFP criminal-conviction criminal-law drug-classification drug-policy due-process heroin-hydrochloride innocence legal-ambiguity pharmaceutical-industry prosecutorial-discretion sentencing statutory-interpretation vagueness What is the legal status of heroin hydrochloride?
18-5998 Keith Lapell Biggins v. United States Eleventh Circuit Denied Response WaivedIFP 11th-circuit 28-usc-2253 appellate-procedure appellate-review buck-v-davis case-law certificate-of-appealability civil-rights due-process eleventh-circuit federal-procedure habeas-corpus statutory-interpretation statutory-operation Whether the United Court of Appeals for the Eleventh Circuit Contrary to Buck v. Davis, 137 S.Ct. 759 Inverted the Mode of Statutory Operation 28 U.S.…
18-6006 Gerson Gonzalez Tovar v. United States Fifth Circuit Denied Response WaivedIFP child-pornography constitutional-limits criminal-law criminal-sanctions criminal-statute due-process interstate-commerce plain-error plain-error-review statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana Whether 18 U.S.C. §2251 authorizes conviction upon proof that materials used to produce child-pornography crossed state-lines at an unspecified-prior-…
18-6007 Valerie Louise Williams v. United States Fourth Circuit Denied Response WaivedIFP advisory-guidelines appellate-review criminal-procedure downward-variance federal-sentencing federal-sentencing-guidelines judicial-discretion presumption-of-reasonableness sentencing sentencing-guidelines substantive-reasonableness Whether the Court Should Grant Certiorari to Provide Further Clarification as to the Presumption of Substantive Reasonableness for Downward Variances …
18-6008 Anibal Pagan-Romero v. United States First Circuit Denied Response WaivedIFP criminal-trial dictionary dictionary-use due-process fifth-amendment first-circuit jury jury-instructions presumption-of-prejudice remmer-presumption remmer-v-united-states Whether the Petitioner was denied due process of law where the District Court, over the objection of Defendant provided the jury with a dictionary whi…
18-6010 Babubhai Patel v. United States Sixth Circuit Denied Response WaivedIFP appellate-jurisdiction buck-v-davis certificate-of-appealability civil-rights due-process habeas-corpus jurisdiction miller-el-v-cockrell sixth-circuit standard-of-review supreme-court-precedent Did the Sixth Circuit Court of Appeals sidestep the COA process in Petitioner Babubhai Patel's COA Application
18-6012 Lucious Wilson v. J. Soto, Warden Ninth Circuit Denied Response WaivedIFP aedpa certificate-of-appealability constitutional-law darden-standard darden-v-wainwright due-process habeas habeas-corpus ninth-circuit non-unanimous-verdict prosecutorial-misconduct uncharged-conduct Is the Ninth Circuit's denial of a certificate of appealability (COA) on the claim that Wilson's conviction is unconstitutional due to prosecutorial m…
18-6014 Javier Vega-Orozco v. United States Fifth Circuit Denied Response WaivedIFP alleyne almendarez-torres apprendi Certiorari criminal-procedure due-process sentencing sixth-amendment Supreme-Court Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap…
18-6016 Fabian Sandoval-Ramos v. United States Ninth Circuit Denied Response WaivedIFP conspiracy controlled-substances criminal-procedure criminal-sentencing drug-offense due-process enhancement-factor mandatory-minimum-sentence mandatory-minimum-sentences sentencing sentencing-enhancements statutory-interpretation In order to trigger a mandatory minimum sentence, must the government allege and prove that an enhancement factor was the object of the conspiracy, or…
18-6018 In Re Gary Ivan Terry Dismissed Response WaivedIFP actual-bias all-writs-act bias due-process fifth-amendment fourth-circuit judicial-bias mandamus recusal-statute separation-of-powers writ-of-mandamus Whether the federal recusal statute was violated when a panel of judges on the United States Court of Appeals for the Fourth Circuit denied the motion…
18-6023 Lamar Atu Blackwell v. Matthew Hansen, Warden, et al. Tenth Circuit Denied Response WaivedIFP 28-usc-2254 due-process fourteenth-amendment habeas-corpus postconviction-procedure postconviction-review prosecutorial-misconduct strickland-standard strickland-v-washington swarthout-v-cooke unreasonable-application webb-v-texas Whether this Court's opinion in Webb v. Texas applies to prosecutors as well as judges
18-6024 Eric Sijohn Brown v. United States Third Circuit Denied Response WaivedIFP buck-v-davis certificate-of-appealability civil-procedure due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-analysis section-2255 standard-of-review third-circuit Does the Third Circuit Court Of Appeals decision contravene Buck v. Davis
18-6028 Maurice Baum v. United States Fourth Circuit Denied Response WaivedIFP constitutional-rights criminal-procedure drug-amount drug-crimes due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment Was Trial Counsel's failure to object to the District Court's determination and findings of the drug amount attributable to the Petitioner objectively…
18-6030 Jason M. Smith v. United States Second Circuit Denied Response WaivedIFP appeal-waiver appellate-waiver collateral-attack constitutional-rights criminal-procedure due-process plea-agreement public-policy sentencing Whether a plea agreement in which a defendant agrees to waive his right to appeal and collaterally attack any legal sentence imposed violates due proc…
18-6031 Noah R. Robinson v. United States Seventh Circuit Denied Response WaivedIFP appellate-procedure appellate-review direct-appeal due-process evidence-misstatement evidence-of-record evidence-tampering judicial-animosity judicial-bias judicial-ethics judicial-misconduct supreme-court supreme-court-review supreme-court-vacated Whether former Circuit Court Chief Judge Richard A. Posner misstated the evidence of record in the Green remand opinion, as a means to the end of just…
18-6033 Raymond Douglas Myers v. David R. Osborne, Warden Sixth Circuit Denied Response WaivedIFP actual-innocence equitable-principles indigent-petitioner indigent-petitioners ineffective-assistance post-conviction-counsel post-conviction-relief procedural-default state-interference state-law-limits Where there are inherent state law limits placed upon post-conviction counsel and hence indigent petitioners' ability to present his/her substantial p…
18-6036 Donald S. Harden v. United States Seventh Circuit Denied Response WaivedIFP causation criminal-statute drug-trafficking mandatory-life-imprisonment mandatory-sentencing proximate-cause racial-disparities rule-of-lenity sentencing-enhancement statutory-interpretation strict-liability Whether proof of proximate cause is required for the 'death results' sentencing enhancement under 21 U.S.C. § 841(b)(1)(B)
18-6041 Robert Burse v. United States Fifth Circuit Denied Response WaivedIFP appeal appellate-review criminal-procedure cross-reference district-court error firearms-offense review sentencing-guidelines u.s.s.g.-§-2k2.1(c)(1)(a) u.s.s.g.-2k2.1(c)(1)(a) Whether the district court erred by applying the Sentencing Guidelines cross reference under U.S.S.G. § 2K2.1(c)(1)(A)
18-6042 Ronald Eric Ary v. United States Fifth Circuit Denied Response WaivedIFP criminal-law criminal-procedure criminal-sentencing deferred-adjudication due-process indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum Whether a Texas deferred adjudication qualifies as a prior conviction for sentencing enhancement
18-6049 Robert Wallace Smith v. United States Ninth Circuit Denied Response WaivedIFP child-pornography criminal-sentencing due-process first-offender internet-crime sentencing-guidelines statutory-maximum substantive-reasonableness Whether the district court's statutory maximum, 240-month sentence is substantively unreasonable for a first offender convicted of one count of receiv…
18-6054 In Re Michael Boone Dismissed IFP actual-innocence constitutional-rights double-jeopardy judge jury sentencing separation-of-powers statute-of-limitations statutory-offense substantive-due-process Is Petitioner Boone serving an unlawful/void sentence because it is a Substantive-Due-Process, Double-Jeopardy violation for a defendant to be punishe…
18-6060 James Chavez v. Robert LeGrand, Warden, et al. Ninth Circuit Denied Response WaivedIFP confrontation-clause crawford-precedent crawford-v-washington cross-examination hearsay-exception preliminary-hearing sixth-amendment testimonial-statements witness-unavailability Whether a prosecution can admit prior testimonial statements, including a video-taped interview, of a witness that died prior to trial and where defen…
18-6063 Craig Alexander v. United States Fifth Circuit Denied Response WaivedIFP appeals criminal-history criminal-procedure disciplinary-infractions due-process judicial-discretion judicial-interpretation section-3582 sentencing sentencing-discretion sentencing-guidelines statutory-interpretation Whether the Supreme Court should resolve split decisions in the lower court as to how far a Judge must explain and/or elaborate on a decision to grant…
18-6065 In Re Eric M. Richardson Dismissed Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process fifth-amendment grand-jury habeas-corpus judicial-procedure pro-se-petition sentencing standing Whether the petitioner's conviction and sentence violated his Fifth Amendment right to be tried only on an offense made out in a presentment or indict…
18-84 ConAgra Grocery Products Company, et al. v. California California Denied Amici (2)Relisted (3) causation century-old-conduct civil-procedure due-process due-process-clause first-amendment injury massive-liability no-proof-of-injury public-nuisance retroactive-liability speech-liability Whether imposing massive and retroactive 'public nuisance' liability without requiring proof that the defendant's nearly century-old conduct caused an…
18-86 The Sherwin-Williams Company v. California California Denied Amici (1)Relisted (3) causation civil-rights consumer-protection due-process first-amendment free-speech product-promotion public-nuisance retroactive-liability Whether the First Amendment permits imposing tort liability for truthfully promoting a lawful product later deemed hazardous
18M50 LeFloris Lyon v. Canadian National Railway Company, et al. Seventh Circuit Presumed Complete None
18M51 Zaremba Family Farms, Inc., et al. v. Encana Oil & Gas (USA) Inc. Sixth Circuit Presumed Complete None
18M52 William Shane Reid v. United States Sixth Circuit Presumed Complete None
18M53 Tracey Smith v. Food Bank of Eastern Michigan Sixth Circuit Presumed Complete None
18M54 Timothy Joseph McGhee v. Ron Davis, Warden Ninth Circuit Presumed Complete None
18M55 Syed K. Rafi v. Brigham and Women's Hospital, et al. First Circuit Presumed Complete None