Conference: 2019-01-11

129 cases — 0 granted, 129 denied/dismissed, 0 pending

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Case Title Lower Court Status Flags Tags Question Presented
18-149 Doug Lair, et al. v. Jeff Mangan, in His Official Capacity as Commissioner of Political Practices, et al. Ninth Circuit Denied Amici (4)Response RequestedResponse WaivedRelisted (3) campaign-finance campaign-finance-regulation civil-rights constitutional-rights contribution-limits election-law first-amendment free-speech political-contributions political-parties political-speech quid-pro-quo-corruption randall-v-sorrell standing Whether Montana's base candidate contribution limits on individual and political committees are unconstitutional under the First Amendment
18-307 State National Bank of Big Spring, et al. v. Steven T. Mnuchin, Secretary of the Treasury, et al. District of Columbia Denied Amici (4) appropriations-clause bureau-of-consumer-financial-protection civil-rights congressional-oversight constitutional-structure dodd-frank due-process executive-authority independent-agency power-of-the-purse removal-power removal-restrictions separation-of-powers Whether the CFPB violates separation-of-powers
18-317 Alan Metzgar, et al. v. KBR, Inc., et al. Fourth Circuit Denied Response RequestedResponse WaivedRelisted (2) baker-v-carr civil-procedure damages-suit direct-control judicial-justiciability justiciability military-contractor military-contractors political-question-doctrine private-defendant state-law-tort Whether, and under what circumstances, a state-law tort suit for damages against a private defendant that does not satisfy any of the factors identifi…
18-324 Douglas Leone, et ux., as Trustees Under That Certain Unrecorded Leone-Perkins Family Trust Dated August 26, 1999, as Amended v. Maui County, Hawaii, et al. Hawaii Denied Amici (3) 14th-amendment 5th-amendment economic-benefit economically-beneficial-use fifth-amendment fourteenth-amendment investment-use just-compensation land-use lucas-v-south-carolina-coastal-council natural-state property-rights regulatory-taking regulatory-takings takings-clause Whether holding undeveloped property as an 'investment' or using it as a 'park' in its natural state constitutes economically beneficial or productive…
18-389 Parker Drilling Management Services, Ltd. v. Brian Newton Ninth Circuit Judgment Issued Amici (8)Relisted (2) choice-of-law circuit-split fair-labor-standards-act federal-jurisdiction federal-law federal-preemption gap-filling outer-continental-shelf-lands-act reliance-interests state-law state-law-borrowing statutory-interpretation wage-and-hour-laws Whether, under OCSLA, state law is borrowed as the applicable federal law only when there is a gap in the coverage of federal law, as the Fifth Circui…
18-391 Arizona v. Guy James Goodman Arizona Denied Amici (5)Response RequestedResponse WaivedRelisted (2) adversarial-hearing bail-denial bail-restrictions clear-proof criminal-procedure due-process facial-unconstitutionality pretrial-detention salerno sexual-assault united-states-v-salerno Did the Arizona Supreme Court err in holding that United States v. Salerno, 481 U.S. 739 (1987), prohibits a State from denying bail to an arrestee wh…
18-394 Denis P. Kelleher, et ux. v. New York State Department of Environmental Conservation New York Denied Amici (1) discretionary-land-use-permit discretionary-permit investment-backed-expectations land-use-restriction palazzolo-v-rhode-island penn-central penn-central-test property-rights real-estate-market regulatory-taking regulatory-takings regulatory-takings-test Whether a property owner may be deemed to lack investment-backed expectations, and thus be barred from challenging a land use restriction as a regulat…
18-457 North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust North Carolina Judgment Issued Amici (14)Response RequestedResponse WaivedRelisted (3) beneficiary-residency constitutional-challenge due-process federalism pennoyer-v-neff state-courts state-revenue state-tax-revenue state-taxation trust trust-income trust-taxation Does the Due Process Clause prohibit states from taxing trusts based on trust beneficiaries' in-state residency?
18-481 Food Marketing Institute v. Argus Leader Media, dba Argus Leader Eighth Circuit Judgment Issued Amici (20) circuit-split commercial-information commercial-or-financial-information competitive-harm confidential-information financial-information foia-exemption foia-exemption-4 freedom-of-information-act-foia statutory-interpretation Does the statutory term 'confidential' in FOIA Exemption 4 bear its ordinary meaning, regardless of substantial competitive harm?
18-485 Edward G. McDonough v. Youel Smith, Individually and as Special District Attorney for the County of Rensselaer, New York, aka Trey Smith Second Circuit Judgment Issued Amici (14)Relisted (2) 14th-amendment 4th-amendment 6th-amendment civil-procedure civil-rights criminal-proceedings due-process fabrication-of-evidence section-1983 statute-of-limitations When does the statute of limitations begin to run on a Section 1983 claim based on fabrication of evidence in criminal proceedings?
18-496 Barry Michaels v. Matthew G. Whitaker, Acting Attorney General, et al. Ninth Circuit Denied Amici (1) 2nd-amendment civil-rights constitutional-challenge district-of-columbia-v-heller due-process felon-disarmament felons firearms-restriction heller heller-precedent law-abiding-citizens second-amendment standing What does the phrase 'law-abiding, responsible citizens' mean?
18-5131 Tu My Tong v. New Mexico, et al. New Mexico Denied Relisted (2)IFP 42-usc-1983 civil-procedure civil-rights due-process equal-protection federal-action qualified-immunity standing state-action Whether plaintiffs can bring civil rights claims under 42 U.S.C. § 1983 for alleged violations of their constitutional rights by state defendants
18-5180 Wen Liu v. University of Miami School of Medicine Eleventh Circuit Denied Response WaivedRelisted (2)IFP disparate-impact eeoc-charge eeoc-charges employment-discrimination employment-discrimination-title-vii family-medical-leave-act fmla-claims medical-leave retaliation statute-of-limitations title-vii Which was the terminate date University of Miami terminated me? October 12, 2012 with a failed attempt of termination letter dated October 7, 2011 or …
18-525 Fort Bend County, Texas v. Lois M. Davis Fifth Circuit Judgment Issued Amici (7) administrative-exhaustion circuit-split civil-rights due-process eeoc eeoc-claim employment-discrimination exhaustion jurisdiction jurisdictional-prerequisite title-vii waivable-claim-processing-rule Whether Title VII's administrative exhaustion requirement is a jurisdictional prerequisite to suit
18-5429 Michael Garry v. Trane Company Wisconsin Denied Response WaivedRelisted (2)IFP administrative-law civil-procedure civil-rights due-process fraud judicial-review jurisdiction labor-law standing state-court-appeals Whether the Wisconsin courts erred in dismissing the petitioner's claims for lack of subject matter jurisdiction despite evidence of fraud and due pro…
18-5499 Hilario Sanchez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit Denied Relisted (2)IFP 28-usc-2254 actual-innocence evidentiary-hearing federal-court habeas-corpus involuntary-plea state-court time-barred Whether a federal court failed to hold an evidentiary hearing on habeas corpus if, among other factors, the petitioner was unable to develop the factu…
18-5523 Chris Sanchez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit Denied Relisted (2)IFP actual-innocence constitutional-error constitutional-rights criminal-procedure due-process exculpatory-evidence false-evidence false-testimony miscarriage-of-justice new-evidence new-reliable-evidence Claim of actual innocence given that the state presented false evidence at trial, namely fraudulent testimony from law enforcement officers
18-573 Colony Cove Properties, LLC v. City of Carson, California, et al. Ninth Circuit Denied Amici (3) appellate-review character-of-regulatory-action city-of-monterey-v-del-monte-dunes economic-impact investment-backed-expectations investment-expectations jury-trial jury-trial-7th-amendment penn-central penn-central-test property-rights regulatory-takings seventh-amendment standard-of-review takings-clause-5th-amendment Whether a regulation that causes a property temporary but substantial cash losses is immune as a matter law from regulatory takings scrutiny if these …
18-5763 Jimmy Don Wooten v. Arkansas Arkansas Denied Response RequestedResponse WaivedRelisted (2)IFP civil-procedure civil-rights constitutional-rights diligence-standard due-process insanity insanity-defense jurisdiction legal-diligence mental-capacity mental-handicap procedural-fairness standing Did the Arkansas Supreme Court violate due process by denying mentally handicapped petitioner opportunity to litigate insanity at time of trial?
18-5810 Laureano Chirino Rivera v. United States Eleventh Circuit Denied Response WaivedRelisted (2)IFP appeal civil-rights constitutional-rights criminal-procedure due-process evidence government-error government-misconduct judicial-error sentencing sentencing-enhancement standing Violation of all constitutional rights, illegal sentence and detention
18-5920 Ronnie R. Rolland v. Carnation Building Services, Inc. Tenth Circuit Denied Relisted (2)IFP ada-accommodation civil-procedure civil-rights disability-rights discrimination due-process employment employment-discrimination judicial-estoppel misconduct-claims reasonable-accommodation retaliation standing subject-matter-jurisdiction termination Whether the appeals court ruling conflicts with previous Supreme Court decisions on important matters and cannot survive application of the correct le…
18-5925 Dean Loren v. City of New York, New York, et al. Second Circuit Denied Response WaivedRelisted (2)IFP appeal-filing civil-procedure civil-rights constitutional-procedure due-process federal-appellate-procedure federal-rules-of-appellate-procedure judicial-misconduct public-forum standing state-actor Whether the lower Appellate Court departed from the accepted and usual course of judicial proceedings in failing to file an appeal under FRAP Rule 4, …
18-5981 Elizabeth Pastor v. Partnership for Children's Rights New York Denied Response WaivedRelisted (2)IFP article-78-proceeding civil-procedure civil-rights discovery discovery-rights due-process employer-threshold employment employment-discrimination judicial-transfer standing statutory-interpretation title-vii Should the lower court have denied full discovery for the purpose of violating Title VII?
18-604 Lorina G. Delfierro v. Pensco Trust Company, fbo Jeffrey D. Hermann Ninth Circuit Denied Response Waived article-iii-standing beneficiary custodial-arrangement custodian due-process fifth-amendment promissory-note self-directed-ira standing standing-article-iii,self-directed-ira,custodian-b Whether a self-directed IRA custodian has standing to litigate over an IRA asset without joining the beneficiary
18-6046 Michael Skillern v. United States Eleventh Circuit Denied Response WaivedRelisted (2)IFP access-to-counsel constitutional-error due-process extraterritorial-effect geders-v-united-states harmless-error mail-fraud perry-v-leeke sixth-amendment structural-error subject-matter-jurisdiction trial-recess wire-fraud did-the-district-court-violate-the-sixth-amendment
18-6050 Timothy L. Rodriguez v. DeWayne Burton, Warden Sixth Circuit Denied Response WaivedRelisted (2)IFP due-process equal-protection fourteenth-amendment fourth-amendment probable-cause subject-matter-jurisdiction Void-for-Lack-of-Jurisdiction warrantless-arrest Whether the states have reached incongruent results when interpreting this Court's decision due to a radical defect that occurred after the petitioner…
18-607 Jon Roozbeh Vazeen, aka Hassan Vazin v. Michelle Smith Vazin Tennessee Denied asset-dissipation civil-rights due-process evidence-tampering fair-trial free-speech galileo-style-prosecution national-science-foundation patent property-rights scientific-prosecution standing takings trial-court-overreach Does a trial court have the right to prosecute a scientist for forward-thinking science?
18-610 TiEnergy, LLC v. Wisconsin Central Ltd. Seventh Circuit Denied Response Waived circuit-split civil-procedure consignee-liability contract contract-law demurrage-charges seventh-circuit shipping-law statutory-interpretation summary-judgment Whether a party who has not agreed to be a consignee can nevertheless be liable for demurrage charges as a matter of law
18-6162 Lyanne Lemeunier-Fitzgerald v. Maine Maine Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment 5th-amendment blood-test civil-rights consent-coercion criminal-penalties due-process implied-consent mandatory-minimum sentencing-enhancement warrantless-search Does a motorist voluntarily consent to a warrantless blood draw if she has been warned that refusal to submit will result in a mandatory minimum perio…
18-620 Jamahl Harim Simmons v. Pennsylvania Third Circuit Denied 14th-amendment civil-rights collateral-attack constitutional-challenge due-process foreign-state jurisdiction personal-jurisdiction sovereign-immunities sovereign-immunities-act subject-matter-jurisdiction Whether the state trial court lacks subject matter and personal jurisdiction
18-6210 Gerald P. Mitchell v. Wisconsin Wisconsin Judgment Issued Amici (11)Relisted (2)IFP blood-draw exigent-circumstances fourth-amendment implied-consent motorist-rights search-and-seizure unconscious-motorist warrant-requirement warrantless-search Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement
18-6309 Warren Justin Hardy v. California California Denied IFP comparative-analysis equal-protection fair-trial fourteenth-amendment jury-selection peremptory-challenges peremptory-strike peremptory-strikes racial-discrimination racial-overtones sixth-amendment Whether the California Supreme Court's refusal to conduct a meaningful comparative analysis or infer a likelihood of discriminatory purpose violates t…
18-631 Kevin McCabe v. Gerardo Aranda, et al. Seventh Circuit Denied Response Waived civil-procedure class-action class-action-settlement-agreement class-members cy-pres district-court due-process guidance judicial-discretion potential-recipients procedural-fairness recipient-selection settlement-agreement standing Whether a cy pres provision of a class-action settlement agreement may authorize class members to make recommendations for the selection of a cy pres …
18-635 Brian M. Burmaster v. United States Federal Circuit Denied Response Waived attorney-general criminal-conspiracy federal-court-judges federal-judges immunity international-criminal-court international-law judicial-immunity jurisdiction legal-jurisdiction u.s.-attorney-general Are US Federal Court Judges and former U.S. Attorney General immune from the International Criminal Court?
18-638 Greg Anderson v. Gary Herbert, et al. Tenth Circuit Denied Response Waived civil-procedure civil-rights conspiracy contract-law contractual-interpretation due-process judicial-misconduct jurisdictional-challenge property-rights standing state-court-procedure void-judgment Is a judgment void on its face when a State Court steals a paid-for home at the motion to dismiss stage of the proceedings, under the guise that the o…
18-641 J. M., By and Through his Mother, Maria Mandeville v. Kathryn Matayoshi, Superintendent, Hawaii Public Schools, et al. Ninth Circuit Denied Response Waived autism bullying burden-of-proof due-process endrew-f fape free-appropriate-public-education idea individualized-education-program special-education special-education-law Whether the Ninth Circuit Court of Appeals failed to follow the Supreme Court's standard for a free appropriate public education (FAPE) established in…
18-643 Janette Dunkle v. Jennifer Dale, et al. Ninth Circuit Denied Response Waived 14th-amendment 4th-amendment child-seizure circuit-court-precedent circuit-split civil-rights clearly-established constitutional-rights due-process fourteenth-amendment fourth-amendment qualified-immunity warrantless-seizure Whether the Ninth Circuit erred in applying the narrow approach from Kirkpatrick, and whether Circuit-level opinions stating that an emergency is requ…
18-644 David Carl Cottingham v. Washington State Bar Association, et al. Washington Denied Response Waived attorney-conduct bar-discipline due-process first-amendment objective-analysis petitioning petitioning-rights pro-se-representation professional-discipline regulatory-approval split state-court strict-scrutiny Should this court resolve the split in state court responses to this court's prescribed objective analysis protecting first amendment petitioning as d…
18-6471 Anthony Cardell Haynes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit Denied IFP civil-rights due-process extraordinary-circumstances fifth-circuit-review finality gonzalez-v-crosby habeas-corpus ineffective-assistance-of-counsel martinez merits-review rule-60(b) rule-60b strickland substantiality trevino-standard Whether the Fifth Circuit erred in finding no 'extraordinary circumstances' and that the ineffective-assistance-of-trial-counsel claim was not 'substa…
18-650 Miguel Cabrera-Rangel v. United States Fifth Circuit Denied Amici (5)Response Waived acquittal-impact acquitted-conduct criminal-procedure criminal-sentencing double-jeopardy due-process judicial-discretion jury-trial sentencing sixth-amendment Whether the Sixth Amendment right to jury trial prohibits a federal court from basing a criminal defendant's sentence on a charge for which the jury a…
18-6598 Darryl A. Robinson v. Tony Baynes Sixth Circuit Denied IFP administrative-law civil-procedure civil-rights due-process equal-protection property-rights standing statutory-interpretation takings Whether the government's seizure of private property without just compensation violates the Takings Clause of the Fifth Amendment
18-6615 Eugene Riley, III v. Stephanie Dorethy, Warden Seventh Circuit Denied IFP 6th-amendment criminal-justice due-process evidence jury-instructions law legal-assessment legal-principles separateness-of-events Whether Ritey was denied his 6th Amendment right to have his jury assessed with instructions on the application of legal principles to the evidence an…
18-6617 James L. Rudzavice v. D. J. Harmon, Warden Fifth Circuit Denied IFP civil-rights constitution constitutional-challenge due-process free-speech freedom-of-speech habeas-corpus judicial-oath judicial-review separation-of-powers standing supreme-law How can a constitutional challenge be frivolous?
18-6621 Aloeng Kelly Vang v. Tom Roy, Commissioner, Minnesota Department of Corrections Eighth Circuit Denied Response WaivedIFP constitutional-rights criminal-procedure effective-assistance-of-counsel effective-counsel ineffective-assistance-of-counsel plea-bargaining prejudice-prong sixth-amendment state-law straight-plea straight-pleas trial-rights ultimate-authority Where offers of straight pleas to the district court is permitted under state law, does state criminal defendants receive their Sixth Amendment right …
18-6624 Farris Genner Morris v. Tennessee Tennessee Denied IFP batson-challenge-review batson-v-kentucky collateral-review due-process equal-protection jury-selection peremptory-challenges prosecutorial-misconduct racial-discrimination Where the trial prosecutor's rationale for striking the lone black juror applied just as well to two white jurors, and the proof that the prosecutor's…
18-6626 William Foley Miller v. Florida Eleventh Circuit Denied IFP civil-rights due-process federal-habeas federal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mistrial procedural-default right-to-counsel state-appellate-review Who did not use any federal case's or federal codes, did not preserve these issues for review that creates an unexhausted and procedurally defaulted c…
18-6631 David Hollenback, Jr. v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit Denied IFP certificate-of-appealability civil-rights constitutional-rights due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel jurisdiction miscarriage-of-justice state-conviction state-court-jurisdiction Did the Third Circuit Court of Appeals commit error by denying the petitioner a Certificate of Appealability
18-6633 Keith Fremin v. Robert C. Tanner, Warden Fifth Circuit Denied IFP castration civil-rights constitutional-rights criminal-procedure due-process good-time guilty-plea ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel judicial-district plea-agreement plea-bargaining sentencing Whether the 22 Judicial District Court failed to uphold the plea agreement in exchange
18-6634 Leandro Leonel Gonzalez v. F. Armenta, et al. Ninth Circuit Denied IFP access-to-courts civil-rights constitutional-rights correctional-officers due-process evidence first-amendment free-speech Is there a right to have-a-witness in the Due-Proc mail-communication prisoner-rights witness-testimony Is there a right to outgoing mail in the First Amendment?
18-6635 Eddie Hampton v. California California Denied IFP criminal-procedure criminal-procedure-error felony-murder first-degree-murder jury-instruction jury-instructions murder natural-and-probable-consequence natural-probable-consequence prejudice-standard premeditated-murder standard-of-prejudice Where she jury was erroneously instrycted on (a) Murder as a natural and presbable consequence per peopie vs chiu 39 cal 4th $35 172 cad Rotr 3d 438 3…
18-6636 James Edward Griffin v. Eric Arnold, Warden Ninth Circuit Denied IFP due-process evidence evidence-admission fair-trial fourteenth-amendment gang jury-instructions misconduct motorcycle-gang prosecutorial-misconduct Was appellant deprived of a fair trial and due process of law under the Fourteenth Amendment to the United States Constitution when the trial court al…
18-6640 James Derrick Hundley v. Renee Baker, Warden, et al. Ninth Circuit Denied IFP civil-rights constitutional-law due-process federal-courts habeas habeas-corpus-rights ineffective-assistance-of-counsel standing Whether the federal habeas court improperly and unconstitutionally suspended and foreclosed petitioner's habeas rights?
18-6641 Antonio Fahie v. Neil McDowell, Warden Ninth Circuit Denied IFP criminal-procedure due-process evidentiary-sufficiency ineffective-assistance-of-counsel plea-bargaining plea-withdrawal-motion prosecutorial-misconduct rape-charges right-to-counsel sentencing Why didn't the judge let the defendant take back their plea when counsel told the court the defendant never admitted to the rape charges?
18-6643 Sobhy Fahmy Amin Iskander v. United States District Court for the Central District of California, et al. Ninth Circuit Denied IFP civil-rights constitutional-rights due-process judicial-competence judicial-discretion judicial-ethics judicial-independence judicial-interpretation judicial-review legal-standards rule-of-law state-court-decision Whether the state court decision is contrary to federal law based on the principle of an independent, fair, and competent judiciary
18-6644 Jingyuan Feng v. Sheena Komenda, et al. Eighth Circuit Denied Response WaivedIFP adverse-employment-action employment-discrimination employment-discrimination,civil-rights,title-vii,p equal-employment performance-evaluation pretext retaliation title-vii Whether the falsified employment performance statements are pretexts or legitimate reasons for the employment decisions
18-6645 Peyton John Wesley Hopson v. Stark County, Ohio, et al. Sixth Circuit Denied IFP access-to-courts civil-procedure due-process federal-rules-of-civil-procedure good-faith in-forma-pauperis judicial-discretion manifest-injustice pro-se standing Do the district court's failure to state reasons for certifying lack of good faith, failure to dismiss as frivolous, and failure to allow amendment am…
18-6646 John Edward Davis v. Florida Florida Denied IFP autopsy-photographs coercion constitutional-procedure criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel involuntary-confession involuntary-statements juvenile-offender juvenile-offender-rights juvenile-rights motion-to-suppress right-to-testify self-incrimination Whether the Florida Court of Appeals unreasonably applied this Court's precedent
18-6648 Tracy Lynn Escobedo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit Denied IFP None
18-6649 Thelma R. Davis v. Brown & Dortch LLC, et al. Maryland Denied IFP americans-with-disabilities-act attorney-representation civil-procedure civil-rights conflict-of-interest due-process indigent-rights judicial-impartiality partiality standing state-court-corruption unfair-treatment Corruption-within-state-court-system
18-6651 Antonio Cobb v. Florida Florida Denied IFP criminal-defense criminal-procedure due-process evidence evidence-admission fourteenth-amendment fundamental-fairness right-to-fair-trial statement-against-interest trial-procedure Whether the trial judge denied the petitioner a trial in accord with fundamental standards of due process under the Fourteenth Amendment by preventing…
18-6655 Andrew John Miller v. Duncan MacLaren, Warden Sixth Circuit Denied IFP 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process evidence preliminary-examination right-to-counsel sixth-amendment witness-testimony Whether the admission of a Preliminary Examination transcript violated the Petitioner-Appellant's 6th Amendment right to confront the witness
18-6656 Timothy Kyle Prince v. Shane Jackson, Warden Sixth Circuit Denied IFP constitutional-rights due-process eyewitness-identification fair-trial fourteenth-amendment sixth-amendment suggestive-identification suggestive-procedures unreliable-identification witness-identification Whether petitioner was denied of his Sixth and Fourteenth Amendment rights to a fair trial, due process
18-6657 Mohsen Khoshmood v. DC HQ Housing Authority District of Columbia Denied IFP americans-with-disabilities civil-rights constitutional-violations discrimination due-process employment employment-rights government-services housing-authority housing-discrimination What is the issue being raised?
18-6658 Ronald D. Veteto v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. Alabama Denied IFP access-to-courts civil-procedure civil-rights due-process equal-protection indigent pro-se standing Whether a State may arbitrarily deny an indigent pro se prisoner effective and meaningful access to the courts?
18-6663 Esau Escobar v. Illinois Illinois Denied IFP appellate-review civil-rights criminal-procedure double-jeopardy due-process jury-instructions murder murder-conviction prior-acts provocation provocation-defense self-defense substantial-evidence Whether the Appellate Court erred in rejecting the Petitioner's claim of provocation instruction due to the Petitioner's testimony that he acted out o…
18-6668 Michael Tory, Jr. v. Whited, RNB, et al. Virginia Denied IFP civil-procedure common-knowledge due-process jury-determination jury-selection legal-standard medical-malpractice procedural-rights state-authority state-regulation Can the State of Virginia in all medical malpractice cases determine the common knowledge and experience of a jury?
18-6669 Gernard Denez Chestnut v. Julie L. Jones, Secretary, Florida Department of Corrections Florida Denied IFP civil-rights criminal-justice due-process equal-protection public-health standing civil-rights criminal-justice discrimination due-process equal-protection standing Can entry other cases in Florida with similar stakes be granted relief if not the one presented in this petition?
18-6670 Richard Allen Barker v. California California Denied IFP accomplice-liability constitutional-law constitutional-proportionate-punishment criminal-procedure eighth-amendment enmund-v-florida in-re-butler in-re-rodriguez individual-culpability proportionate-punishment Whether forcing the petitioner to serve an excessive punishment of 45 years incarceration for his individual culpability as an accomplice, when the ac…
18-6674 Octavious Lamar Rhymes v. Texas Texas Denied IFP criminal-procedure criminal-prosecution double-jeopardy due-process judicial-vindictiveness jurisdiction prosecutorial-vindictiveness same-criminal-episode venue-transfer Where Rhymes' due process rights violated by prosecutorial and judicial vindictiveness
18-668 Peggy Berg v. Social Security Administration Seventh Circuit Denied Response Waived absolute-debt bankruptcy bankruptcy-code bankruptcy-code-section-553(b) circuit-split creditor-rights debt-setoff fifth-circuit mutual-debt setoff seventh-circuit statutory-interpretation third-circuit Whether Bankruptcy Code Section 553(b) requires that a debt be 'absolutely owed' for a setoff to occur, or whether a setoff can occur at an earlier ti…
18-6685 Bruce Merryman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit Denied IFP civil-rights constitutional-rights criminal-procedure due-process habeas-corpus miscarriage-of-justice right-to-be-present standing statute-of-limitations trial-in-absentia trial-rights Whether an individual can overcome the one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act of 1996 by showing he w…
18-6686 Grady Pederson v. Minnesota, et al. Eighth Circuit Denied Response WaivedIFP civil-procedure civil-rights double-jeopardy due-process evidence-suppression sex-offender-registry standing statute-of-limitations Why was the State of Minnesota allowed to suppress evidence since 11/01/1995?
18-6690 Eric Lawson v. Kelly Speight, et al. Eleventh Circuit Denied IFP 42-usc-1981 civil-rights civil-rights-act-of-1964 due-process employment-discrimination in-forma-pauperis judicial-authority race-discrimination retaliation right-to-sue standing title-vii wrongful-termination Does the Petitioner have the right to sue under Title VII of the Civil Rights Act of 1964, even after he has received his letter of right to sue?
18-6696 Octavio Torres Ortega v. Pam Bondi, Attorney General of Florida Eleventh Circuit Denied IFP appeal criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal motion-to-suppress public-defender speedy-trial trial-counsel witness-credibility did-the-trial-court-err-in-denying-a-judgment-of-acquittal
18-6699 James Tyrell Drane v. Michigan Michigan Denied IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment Whether petitioner has a due process right to plea withdrawal because his plea was unknowing and involuntary, and entered in violation of his Sixth Am…
18-6701 Roger Dale Epperson v. Kentucky Kentucky Denied IFP client-autonomy closing-argument concession-of-guilt criminal-procedure defense-strategy ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana right-to-control-defense right-to-counsel sixth-amendment Is a defendant's Sixth Amendment right to counsel, and the right to control the objective of the defense, violated, under the Court's recent decision …
18-6704 Aaron Jonathon Zemke v. Michigan Michigan Denied IFP abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion Whether Mr. Zemke received ineffective assistance of counsel under the Sixth Amendment
18-6709 Lawrence Alfred Landrum v. Ohio Ohio Denied IFP capital-sentencing death-penalty eighth-amendment judge-sentencing judicial-discretion jury-recommendation jury-sentencing jury-trial sixth-amendment spaziano-v-florida Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida?
18-671 Kurt Robert Smith v. Anna Valentine, Warden Sixth Circuit Denied Response Waived 28-usc-2254 aedpa federal-law federal-review habeas-corpus ignorance-of-law ineffective-assistance ineffective-assistance-of-counsel legal-ignorance reasonable-counsel strategic-decision Must a court reviewing counsel's failure to investigate first determine whether the basis for the failure was counsel's ignorance of the law, or anoth…
18-6713 Donald Anthony Grant v. Mike Carpenter, Interim Warden Tenth Circuit Denied IFP 8th-amendment constitutional-rights criminal-procedure death-penalty eddings-precedent eddings-v-oklahoma eighth-amendment lockett-rule lockett-v-ohio mental-health mental-health-evidence mitigating-evidence moral-culpability Whether the Eighth Amendment requires a sentencer to consider mitigating evidence of a capital defendant's mental health and background when determini…
18-6724 Roger Lee Ozier v. Shirlee Harry, Warden Sixth Circuit Denied Response WaivedIFP appellate-review armed-robbery bank-robbery confrontation-clause criminal-procedure cross-examination eyewitness-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause sixth-amendment Was the evidence sufficient to sustain Mr. Ozier's conviction for armed robbery and bank robbery?
18-6730 William Ramirez, et ux. v. Superior Court of California, El Dorado County, et al. California Denied Response WaivedIFP civil-procedure default default-judgment due-process equal-protection fourteenth-amendment merits-based-adjudication pro-se pro-se-litigant relief-from-default state-court state-court-procedure Should a pro se petitioner reasonably expect relief from default as a part of due process under the Fourteenth Amendment to the United States Constitu…
18-6751 Patrick McIntosh v. United States Eleventh Circuit Denied Response WaivedIFP 18-usc-4243 civil-commitment criminal-law due-process mental-disease mental-disease-or-defect mental-health-law personality-disorder statutory-interpretation Does a severe personality disorder constitute a mental disease or defect under 18 U.S.C. § 4243(c)(d) civil commitment provision?
18-6754 Domonic McCarns v. United States Ninth Circuit Denied Response WaivedIFP constructive-amendment criminal-procedure harmless-error indictment plain-error-review speedy-trial-act statutory-interpretation Whether Cryptic Letter, Number Codes are Sufficient to Satisfy the Speedy Trial Act Requirement that Reasons Justifying Delay of a Criminal Trial Must…
18-6756 John J. Koresko v. R. Alexander Acosta, Secretary of Labor Third Circuit Denied Response WaivedIFP civil-procedure civil-rights contempt debt-imprisonment disgorgement due-process erisa erisa-case erisa-enforcement garnishment imprisonment judicial-review labor-secretary-powers preliminary-injunction statutory-interpretation Whether the Third Circuit Court of Appeals incorrectly decided that parts of a $38 million judgment for disgorgement' entered in 2015 against the Peti…
18-6831 David Errol Willock v. William Sperfslage, Warden Eighth Circuit Denied Response WaivedIFP 28-usc-2254 certificate-of-appealability direct-appeal habeas-corpus postconviction-relief remand rule-of-lenity statute-of-limitations Whether the correct calculation of the statute of limitations in a habeas corpus action under 28 USC 2254 where the petitioner has filed for state pos…
18-6860 Johnny Ray McCloud v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit Denied Response WaivedIFP 14th-amendment 5th-amendment constitutional-interpretation due-process dwelling-definition dwelling-vs-storage-building equal-protection florida-law florida-statutes habeas-corpus perkins-vs-state young-vs-state Was Perkins v. State, 682 So. 2d 1083 (Fla. 1996) correctly applied?
18-6874 Christine Cornelius v. Town of Atkinson, New Hampshire New Hampshire Denied Response WaivedIFP civil-rights constitutional-rights corruption disability-accommodations disability-rights due-process incompetence judicial-proceedings legal-abuse reasonable-accommodations standing Whether the Court unconstitutionally denied the Petitioner, disabled with bipolar disorder, her rights to reasonable accommodations during judicial pr…
18-690 Bruce C. Rosetto, et al. v. Charles Murphy, et al. Eleventh Circuit Denied Response Waived barton-doctrine civil-procedure civil-rights court-appointed-receiver due-process federal-rule-of-civil-procedure-12(b)(1) jurisdictional-dismissal pleading-standards rule-12(b)(1) standing ultra-vires Where a plaintiff alleges that an agent of a court-appointed receiver is liable for misconduct committed outside the scope of designated authority, bu…
18-693 Steven Crain v. Nevada, et al. Ninth Circuit Denied Response Waived civil-rights constitutional-rights due-process fourth-amendment legal-process malicious-prosecution unreasonable-seizure Does an individual's Fourth Amendment right to be free from unreasonable seizure continue beyond legal process so as to allow a malicious prosecution …
18-6939 Jonathan S. Nelson v. Joe Norwood, Secretary, Kansas Department of Corrections, et al. Tenth Circuit Denied Response WaivedIFP child-pornography conviction-reversal de-novo-review due-process first-amendment obscenity scienter Whether the right to a de novo review demands the reversal of conviction once the images disappear from the record post-conviction if the verbiage in …
18-6955 Guy W. Harrison, III v. Fulton County, Georgia Eleventh Circuit Denied Response WaivedIFP ada civil-rights constitutional-rights due-process eeoc eeoc-ruling summary-judgement summary-judgment title-vii trial-by-jury Whether the lower courts have the authority to grant Summary Judgement when the EEOC has ruled that the Plaintiff rights were violated under Title VIF…
18-6971 Zachery Joseph Cooley, aka Red v. United States Eleventh Circuit Denied Response WaivedIFP appellate-review criminal-sentencing gall-v-united-states guideline-calculation harmless-error judicial-discretion procedural-error procedural-reasonableness sentencing-guidelines substantive-reasonableness When a defendant appeals his sentence on the grounds that his Guideline range was miscalculated, may an appellate court disregard any error in the gui…
18-6980 Traveon Shaquille Martin v. United States Fourth Circuit Denied Response WaivedIFP acceptance-of-responsibility clear-error criminal-procedure district-court offense-level sentencing-guidelines u.s.s.g-3e1.1 Whether the district court clearly erred in denying a three-level reduction in Petitioner's offense level for acceptance of responsibility under U.S.S…
18-6983 Sholam Weiss v. United States Eleventh Circuit Denied Response WaivedIFP and a Certificate of Appealability should have is where the government had committed itself to pros adversary-system adverse-positions certificate-of-appealability criminal-procedure due-process grand-jury prosecutorial-commitment prosecutorial-discretion right-to-counsel Whether Mr. Weiss was denied his right to conflict-free counsel during grand jury proceedings
18-6984 Benjamin Tillman v. J. A. Barnhart, Warden Fifth Circuit Denied Response WaivedIFP 28-usc-2241 28-usc-2255 collateral-review fifth-circuit habeas-corpus mcfadden-case mcfadden-v-us retroactivity savings-clause statutory-interpretation Whether petitioner was entitled to file an application for habeas corpus under 28 U.S.C. §2241 and/or 28 U.S.C. 2255(e) in light of McFadden v. U.S.
18-6986 Nathan Lynn Cloud v. United States Ninth Circuit Denied Response WaivedIFP criminal-procedure exclusionary-rule fourth-amendment intergovernmental-agreements law-enforcement law-enforcement-agreements nevada-v-hicks service-of-process tribal-sovereignty Does the tribal criminal defendant have Fourth Amendment rights when state law enforcement violates an agreement with the tribe regarding criminal ser…
18-6994 Cleveland McDowell Meador, IV v. United States Fourth Circuit Denied Response WaivedIFP consent-search consent-to-search felon-in-possession fourth-amendment home-search police-procedure probable-cause search-and-seizure seizure supervision supervision-of-search withdrawal-consent withdrawal-of-consent Whether police officers violate the Fourth Amendment when they obtain consent to search a person's home, then keep that person outside the home, preve…
18-6995 Ashley Owens v. United States Fifth Circuit Denied Response WaivedIFP co-defendant co-defendant-disparity criminal-procedure due-process equal-protection loss-calculation plea-agreement sentencing Did the Lower Courts violate the Due Process Clause when they sentenced Owens based on an unproven and inflated loss?
18-7004 Miguel Rodriguez-Garcia v. United States Fifth Circuit Denied Response WaivedIFP appellate-review criminal-procedure judicial-discretion plain-error remand sentencing statutory-interpretation statutory-maximum substantial-rights Whether a court of appeals that finds a plain error in the district court's selection of a statutory maximum should ordinarily order a limited remand …
18-7005 Denis Aviles Salguero v. United States Ninth Circuit Denied Response WaivedIFP appellate-review child-pornography constitutional-law criminal-law criminal-procedure double-jeopardy fifth-amendment sentencing Whether Petitioner's convictions for receipt and possession of child pornography violated the Double Jeopardy Clause of the Fifth Amendment
18-7007 Ronald T. Spoor v. United States Second Circuit Denied Response WaivedIFP 18-usc-2256 child-pornography civil-rights due-process equal-protection lascivious-exhibition racial-discrimination rule-414 school-desegregation sexual-proclivities standing uncharged-crimes Must a video be considered in its totality to determine if it is a 'lascivious exhibition' under 18 U.S.C. § 2256(2)(A)(v)?
18-7009 Jimmy Davis v. United States Third Circuit Denied Response WaivedIFP constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure notice notice-requirement procedural-due-process supervised-release third-circuit Whether Mr. Davis was denied procedural due process
18-7010 Jermaine Mitchell v. United States First Circuit Denied Response WaivedIFP confrontation-clause expert-testimony expert-witness forensic-evidence lab-reports law-enforcement-testimony lay-testimony narcotics narcotics-testimony scientific-evidence sixth-amendment testimonial-evidence Whether law enforcement (lay) testimonies about the narcotics character of certain substances may be shined with the expert testimonial gloss of unpro…
18-7012 Anthony Jerome Addison v. United States Fourth Circuit Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights constitutional-claims constitutional-rights criminal-history due-process eighth-amendment origination-clause sentencing-guidelines special-assessment standing statutory-claims Did the United States Court of Appeals for the Fourth Circuit err in granting the government's motion to dismiss by denying the Petitioner the ability…
18-7021 Juan Thomas v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit Denied Response WaivedIFP admissibility-of-evidence due-process eighth-amendment equitable-tolling fair-trial ineffective-assistance ineffective-assistance-of-counsel jury-charge martinez-v-ryan notice-of-appeal public-defender Whether the Circuit Court erred in failing to appropriately consider the 'Equitable Tolling' in conjunction with Ineffective Assistance of the Public …
18-7023 Webster Douglas Williams, III v. United States Fourth Circuit Denied Response WaivedIFP constitutional-violation due-process effective-assistance-of-counsel eighth-amendment-cruel-and-unusual-punishment equal-protection exclusionary-rule forced-entry fourth-amendment restitution ruse search-and-seizure sixth-amendment-right-to-counsel third-party When police officers attempt to gain voluntary admittance to a residence by use of a ruse, which fails, and are peacably asked to present a search war…
18-7029 Jorge Ruelas-Martinez v. United States Fifth Circuit Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
18-7032 Reginald L. Lomax v. United States Third Circuit Denied Response WaivedIFP armed-career-criminal-act controlled-substances criminal-law drug-offense federal-drug-law federal-preemption mandatory-minimum mandatory-minimum-sentences state-criminal-law statutory-interpretation Whether a state statute criminalizing possession of 'counterfeit' controlled substances qualifies as a 'serious drug offense' under the Armed Career C…
18-7035 Eminiano A. Reodica v. United States Ninth Circuit Denied Response WaivedIFP criminal-procedure district-court evidentiary-hearing federal-rules-of-criminal-procedure guilty-plea motion-to-withdraw plea-withdrawal rule-11 Whether Federal Rule of Criminal Procedure 11(d) governing motions to withdraw a guilty plea establishes a liberal standard which precludes the distri…
18-7037 Gerald L. Smith v. United States Eighth Circuit Denied Response WaivedIFP circuit-court civil-procedure civil-procedure-rule-60b-6 criminal-law district-court due-process eighth-circuit habeas-corpus johnson-ii johnson-v-united-states judicial-procedure retroactivity rule-60b sentencing welch-v-united-states Whether the district court and Eighth Circuit erred in denying petitioner's true Rule 60(b)(6) motion, when the district court failed to address petit…
18-7039 Alexander Ndaula v. United States First Circuit Denied Response WaivedIFP 18-usc-3553 5th-amendment 6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidentiary-hearing loss-amount sentencing sentencing-enhancement statutory-interpretation Whether the 5th and 6th Amendments require an evidentiary hearing on disputed sentencing factors and an adequate explanation for an enhanced sentence …
18-7044 Andrew John Yellowbear, Jr. v. Robert O. Lampert, Director, Wyoming Department of Corrections Wyoming Denied Response WaivedIFP antiterrorism-act antiterrorism-and-effective-death-penalty-act constitutional-review due-process equal-protection federal-court-jurisdiction federal-court-review federal-jurisdiction federal-laws-and-statutes habeas-corpus indian-treaties indian-tribes-and-reservations state-habeas-corpus Whether the Wyoming Supreme Court's reliance on precedent derived from the state-friendly deferential standard of the Antiterrorism and Effective Deat…
18-7050 Javier Portillo v. United States Ninth Circuit Denied Response WaivedIFP border-crossing border-search criminal-evidence criminal-procedure drug-trafficking due-process evidence jury knowledge-standard mens-rea narcotics-possession ninth-circuit standard-of-proof sufficiency-of-evidence trial-sufficiency Whether the Ninth Circuit's analysis of the facts was inadequate
18-7060 Brian William Schumaker v. Hector Joyner, Warden Fourth Circuit Denied Response WaivedIFP actual-innocence constitutional-claims due-process judicial-notice jury-instructions prudential-consideration theory-of-defense void-for-vagueness Whether the lower courts erred in recharacterizing and failing to fully consider the petitioner's constitutional claims of actual innocence and theory…
18-7061 Francisco Reza v. United States Fourth Circuit Denied Response WaivedIFP 2nd-amendment civil-rights due-process federal-crime federal-crimes felon-in-possession firearms-possession ineffective-assistance-of-counsel second-amendment sentencing sentencing-enhancement standing state-misdemeanor Did Petitioner's prior crimes qualify as Federal Crimes for enhancement?
18-7067 Derrick Christopher Johnson v. United States Eighth Circuit Denied Response WaivedIFP career-offender criminal-law divisible-statute drug-offense modified-categorical-approach plain-error prior-state-convictions sentencing sentencing-guidelines Whether petitioner's prior state drug offenses qualified as enumerated offenses under the career criminal provision of the United States Sentencing Gu…
18-7074 Gennaro Mattiaccio v. United States Fourth Circuit Denied Response WaivedIFP civil-rights criminal-procedure double-jeopardy due-process jurisdiction prosecutorial-misconduct sentencing sufficiency-of-evidence Whether the evidence was insufficient to sustain the convictions on Count 3
18-7076 Evelyn Person v. United States Second Circuit Denied Response WaivedIFP appellate-review circuit-split conspiracy criminal-procedure due-process inconsistent-verdicts jury-instructions jury-verdict legal-conflict narcotics narcotics-conspiracy special-interrogatories Whether the Second Circuit's failure to vacate the verdict of guilt rendered against Petitioner in the narcotics conspiracy count based upon an irreco…
18-7097 In Re Leigh Jesse Quinto Denied IFP bond-case bond-v-united-states civil-rights collateral-review constitutional-law due-process federalism habeas-corpus new-rule retroactivity standing supreme-court Did the Supreme Court's decision in Bond v. United States establish a new rule of constitutional law?
18-711 Donny Marin, et al. v. The Bank of New York Florida Denied Response Waived 14th-amendment 5th-amendment due-process foreclosure impartiality judicial-impartiality mortgage-settlement national-mortgage-settlement Whether the due process protections prohibit courts from turning a blind eye to the use of fraudulent evidence to obtain foreclosure relief
18-7110 James M. Flinn v. Mike Parris, Warden Sixth Circuit Denied Response WaivedIFP criminal-procedure due-process evidence fourteenth-amendment indictment indictment-allegations insufficient-evidence jury-instructions reasonable-doubt sufficiency-of-evidence Whether the Petitioner was convicted upon insufficient evidence in violation of the Due Process Clause
18-7135 In Re Walter Edward Harrington Denied IFP civil-rights due-process equal-protection key-terms legal-issues petition precedent scotus standing statutory-interpretation topic-areas writ-of-certiorari Whether the lower court erred in its interpretation of the relevant statute and precedents
18-715 Cynthia Carpenter-Barker v. Ohio Department of Medicaid, et al. Sixth Circuit Denied Response Waived ada americans-with-disabilities-act civil-procedure civil-rights disability-discrimination due-process integration-mandate medical-necessity olmstead-v-lc rehabilitation-act rule-56-review standard-of-review Whether a state agency is entitled to deference of its fact opinion of medical necessity in a Fed. R. Civ. P. 56 de novo review?
18-730 Moses McCormick, et al. v. Kim A. Browne, et al. Sixth Circuit Denied Response Waived 42-usc-1983 amendment amendment-futility civil-procedure civil-rights constitutional-violations due-process fourteenth-amendment injunctive-relief municipal-liability qualified-immunity section-1983 standing Whether leave to amend the plaintiff's complaint should be considered futile if the municipality with no immunity can be added as a defendant and held…
18-738 Henry Paul Richardson v. United States Fourth Circuit Denied Response Waived actual-innocence aedpa aedpa-restrictions circuit-split constitutional-claims defaulted-claims habeas habeas-corpus procedural-default sawyer-v-whitley schlup-v-delo standard-of-review Whether the Schlup v. Delo actual-innocence standard applies to a second habeas petition
18-739 Trevor Wallace v. Tennessee Tennessee Denied Response Waived appellate-review case-revival constitutional-compliance dismissal-with-prejudice double-jeopardy due-process fifth-amendment judicial-discretion jury jury-trial lee-v-us res-judicata May a state appellate court revive a case that was dismissed with prejudice after a jury was sworn?
18-745 Alan Overton v. Tennessee Department of Children's Services Tennessee Denied Response Waived civil-procedure constitutional-rights due-process family-law fundamental-rights parental-rights state-action strict-scrutiny substantive-due-process Does the court order and underlying state action which prohibits all contact between the father and his children violate substantive due process under…
18M88 Michael Deuschel v. USC Faculty Dental Practice, et al. California Presumed Complete None