Conference: 2021-12-10

125 cases — 0 granted, 125 denied/dismissed, 0 pending

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Case Title Lower Court Status Flags Tags Question Presented
20-1034 Narkis Aliza Golan v. Isacco Jacky Saada Second Circuit Judgment Issued CVSGAmici (16)Relisted (3) ameliorative-measures child-abduction district-court grave-risk habitual-residence hague-convention international-child-abduction international-law Whether, upon finding that return to the country of habitual residence places a child at grave risk, a district court is required to consider ameliora…
20-1046 Marin Housing Authority v. Kerrie Reilly California Denied CVSGAmici (3)Response RequestedResponse WaivedRelisted (3) administrative-law annual-income developmental-disability housing-assistance income-calculation medicaid-funding medicaid-payments personal-caregiving public-housing Whether a public housing authority, in calculating a family's annual income, is required by this regulation to exclude Medicaid-funded payments made t…
20-1255 Jeffrey Schweitzer, et al. v. Investment Committee of the Phillips 66 Savings Plan, et al. Fifth Circuit Denied Response RequestedResponse WaivedRelisted (3) defined-contribution-plan diversification erisa erisa-fiduciary fiduciary-duty imprudent-investment investment-diversification participant-claims participant-rights pleadings single-stock-fund Is an ERISA fiduciary entitled to dismissal on the pleadings of a plan participant's claim that the fiduciary imprudently maintained an undiversified,…
20-1570 HRB Tax Group, Inc., et al. v. Derek Snarr Ninth Circuit Dismissed Amici (1)Relisted (2) arbitration-agreement california-law class-action class-action-waiver consumer-protection federal-arbitration-act preemption public-injunction public-injunctive-relief Whether California's public-policy rule declining to enforce agreements for individualized arbitration whenever a plaintiff seeks a public injunction …
20-1573 Viking River Cruises, Inc. v. Angie Moriana California Judgment Issued Amici (27)Response RequestedRelisted (2) bilateral-arbitration class-action concepcion employee-rights epic-systems federal-arbitration-act iskanian paga private-attorneys-general-act representative-claims Whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative c…
20-1589 Kris Kaszuba, dba Hollywood Group v. Drew Hirshfeld, Acting Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office Federal Circuit Denied Relisted (2) 15-usc-1064 administrative-law appointments-clause civil-procedure constitutional-interpretation federal-circuit judicial-review lexmark principal-officers standing trademark trademark-law Has the Federal Circuit erred in refusing to follow this Court's Lexmark precedent, and in not applying precedent to standing under 15 U.S.C. § 1064
20-1702 Jimmy Cobb v. United States Eleventh Circuit Denied Response WaivedRelisted (2) criminal-law criminal-procedure federal-jurisdiction ineffective-assistance-of-counsel jurisdiction plea-bargaining plea-deal sixth-amendment statutory-interpretation undercover-operation Does a District Court have the have Jurisdiction to punish and convict conduct that does not fall within a Federal Statute of 18 U.S.C 2422(b) and 18 …
20-1714 William Joseph Mooney, et ux. v. United States Federal Circuit Denied Response WaivedRelisted (2) administrative-procedure article-iii courts-of-the-united-states due-process federal-register iRS-collection legal-notice real-party-of-interest standing substantive-regulations united-states united-states-of-america Who has Standing against the Mooneys as the Plaintiff and being the as the Real Party of Interest in the 'Courts of the United States' arising under A…
20-603 Le Roy Torres v. Texas Department of Public Safety Texas Judgment Issued CVSGAmici (17)Response RequestedResponse WaivedRelisted (3) civil-rights constitutional-law due-process military-employment sovereign-immunity standing state-immunity state-sovereign-immunity uniformed-services-employment-and-reemployment-rig userra war-powers Whether Congress has the power to authorize suits against nonconsenting states pursuant to its War Powers
20-609 Gannett Company, Inc., et al. v. Jeffrey Quatrone Fourth Circuit Denied CVSGAmici (1)Response RequestedRelisted (3) defined-contribution-plan diversification erisa fiduciary-duty investment-options menu-of-investment-options prudence single-stock-fund Whether a plaintiff adequately pleads breach of the duties of prudence and diversification solely by alleging that fiduciaries permitted participants …
20-7883 Kathleen M. O'Donnell v. Kilolo Kijakazi, Acting Commissioner of Social Security Seventh Circuit Denied Response RequestedResponse WaivedRelisted (3)IFP None
20-807 Bradley LeDure v. Union Pacific Railroad Company Seventh Circuit Judgment Issued CVSGAmici (6)Response RequestedResponse WaivedRelisted (3) circuit-split federal-employers-liability-act foreseeability in-use interstate-commerce locomotive-inspection-act negligence-per-se railroad-liability safety-regulation statutory-interpretation Whether a locomotive is in use on a railroad's line and subject to the LIA and its safety regulations
20-8175 Timothy Alan Marr v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit Denied Relisted (2)IFP violating Petitioner's Fourteenth Amendment Right constitutional-rights due-process federal-question fourteenth-amendment habeas-corpus petition statutory-interpretation untimely-filing Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court
20-8470 Christopher McLees v. Kilolo Kijakazi, Acting Commissioner of Social Security Eighth Circuit Denied Response WaivedRelisted (2)IFP None
21-110 GMAG, LLC, et al. v. Ralph S. Janvey, as Receiver for the Stanford International Bank Limited, et al. Fifth Circuit Denied Response RequestedResponse WaivedRelisted (2) civil-procedure court-of-appeals due-process factual-dispute jury-trial jury-verdict legal-ruling ponzi-scheme seventh-amendment transferee-liability Whether the Seventh Amendment and due process permit a court of appeals to reverse a jury verdict based on the court's own independent examination of …
21-161 Derick Donovan Roberts, aka Cypress Roberts v. Merrick B. Garland, Attorney General Second Circuit Denied None
21-169 James Gatto, et al. v. United States Second Circuit Denied Amici (1) 18-usc-1843 criminal-law federal-statute incidental-harms jury-instructions property-rights statutory-interpretation statutory-text united-states-v-kelly wire-fraud Whether 18 U.S.C. § 1843 requires the Government to prove the object of the alleged wire fraud scheme was to obtain money or property
21-198 Anthony W. Knights v. United States Eleventh Circuit Denied Amici (2) constitutional-analysis eleventh-circuit fourth-amendment free-to-leave free-to-leave-test race race-consideration reasonable-person reasonable-person-standard seizure Whether a court analyzing if a Fourth Amendment seizure has occurred is categorically barred from considering a person's race
21-199 Mohammad Sharif Khalil v. Ur Jaddou, Director, United States Citizenship and Immigration Services, et al. Ninth Circuit Denied asylum-status immigration-law immigration-nationality-act inadmissibility military-training real-id-act retroactive-application terrorist-activities terrorist-organization Whether the INA, as amended by the REAL ID Act, permits the government to retroactively deem a noncitizen inadmissible for receiving military-type tra…
21-211 Valueland Auto Sales, Inc., and Ron Benit v. United States Sixth Circuit Denied circuit-split criminal-charges criminal-procedure district-court expungement judicial-procedure jurisdiction record-expungement When the district court dismisses all criminal charges against a defendant, does that court have jurisdiction over a motion to expunge the records rel…
21-216 Roger Brown v. Citizens Property Insurance Corporation, et al. Eleventh Circuit Denied Response WaivedRelisted (2) civil-rights commercial-activity contract-impairment due-process eleventh-amendment governmental-function pro-se-rights state-immunity state-sovereign-immunity thacker-v-tva Does Thacker v TVA apply to a determining Eleventh Amendment immunity for a State's 'Arm-of-the-State' corporate entity when conducting commercial act…
21-23 Brenda Cook v. West Virginia West Virginia Denied Response RequestedResponse WaivedRelisted (2) 14th-amendment 5th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment impartial-jury jury-impartiality sixth-amendment voir-dire Has the Petitioner's Fifth, Sixth, and Fourteenth Amendment right to an impartial jury been violated?
21-233 Mike Finnin Motors, Inc., et al. v. United States, et al. Federal Circuit Denied bankruptcy civil-procedure direct-takings due-process economic-valuation federal-defense property-rights regulatory-takings supreme-court-precedent takings takings-liability Whether the novel Federal Circuit 'but for' defense to takings liability conflicts with precedents
21-244 Taylor & Sons, Inc., et al. v. United States, et al. Federal Circuit Denied 5th-amendment economic-impact fifth-amendment just-compensation penn-central penn-central-test property-rights regulatory-taking takings Does the fact that the property is generating profits on the date of taking satisfy the economic impact requirement to find a regulatory taking under …
21-264 San Diego County, California, et al. v. Ana Sandoval, et al. Ninth Circuit Denied Amici (1) circuit-split civil-rights clearly-established-rights deliberate-indifference due-process fourteenth-amendment medical-care medical-needs pretrial-detainee qualified-immunity Whether a pretrial detainee must show subjective awareness of medical needs or only objective unreasonableness
21-266 Robert S. Carlborg v. Department of the Navy District of Columbia Denied agency-exemption authored-material first-party-request government-records personal-identifier privacy-act record-access unrestricted-access Does an individual making a first party request for his own record under the Privacy Act gain unrestricted access regardless of whether the requestor'…
21-296 AMN Services, LLC v. Verna Clarke, et al. Ninth Circuit Denied Amici (6)Response RequestedResponse WaivedRelisted (3) employee-reimbursement fair-labor-standards-act overtime overtime-compensation per-diem-allowance per-diem-allowances regular-rate statutory-interpretation traveling-expenses Whether per-diem allowances for traveling expenses, which are reduced when the employee fails to work a contractually required shift, are excluded fro…
21-309 Southwest Airlines Co. v. Latrice Saxon Seventh Circuit Judgment Issued Amici (15)Relisted (2) circuit-city-stores-v-adams circuit-split contract-exemption eastus-v-iss-facility-services federal-arbitration-act interstate-commerce ramp-agent-supervisor statutory-interpretation transportation-workers Whether workers who load or unload goods from vehicles that travel in interstate commerce, but do not physically transport such goods themselves, are …
21-31 Fast Auto Loans, Inc. v. Joe Maldonado, et al. California Denied Response RequestedResponse WaivedRelisted (2) arbitration-agreement civil-procedure federal-arbitration-act individualized-arbitration preemption public-injunctive-relief state-law state-law-preemption supreme-court-precedent Is California's McGill rule preempted by the Federal Arbitration Act?
21-335 Stephen A. Begani v. United States Armed Forces Denied active-duty article-iii-courts civilian-crimes constitutional-limits court-martial due-process military-jurisdiction retired-servicemembers When, if ever, does the Constitution permit the court-martial of retired servicemembers for offenses committed after their discharge from active duty?
21-348 Johnson & Johnson, et al. v. Lynn Fitch, Attorney General of Mississippi, ex rel. Mississippi Mississippi Denied Amici (7) administrative-law agency-action chevron-deference civil-rights due-process notice-and-comment-rulemaking police-powers preemption preemption-clause state-police-powers statutory-interpretation Whether the Mississippi Supreme Court erred in narrowly construing an express preemption clause by applying a presumption against preemption
21-350 Infineum USA L.P. v. Chevron Oronite Company LLC, et al. Federal Circuit GVR administrative-review appointments-clause certiorari-review federal-circuit federal-rule-of-appellate-procedure-41 final-written-decision judicial-mandate mandate patent-proceedings united-states-v-arthrex Whether this Court should vacate the judgment below in view of its recent decision in United States v. Arthrex, Inc., and remand so that the United St…
21-388 John K. MacIver Institute for Public Policy, Inc., et al. v. Tony Evers, Governor of Wisconsin Seventh Circuit Denied Amici (4) circuit-split equal-access first-amendment forum-analysis government-exclusion press-access press-clause public-forum speech-clause viewpoint-neutrality Whether the government's selective exclusion of members of the press implicates the equal treatment guarantee of the First Amendment's Press Clause, a…
21-401 ZF Automotive US, Inc., et al. v. Luxshare, Ltd. Sixth Circuit Denied Amici (8)Relisted (3) arbitration-law civil-procedure evidence-gathering federal-jurisdiction foreign-tribunal international-tribunal judicial-assistance private-arbitration statutory-interpretation Whether 28 U.S.C. § 1782(a) encompasses private commercial arbitral tribunals
21-406 Impax Laboratories, Inc. v. Federal Trade Commission Fifth Circuit Denied Amici (1) antitrust antitrust-law competition-law patent patent-infringement patent-litigation patent-settlement patent-strength patent-validity reverse-payment Whether the presence of a reverse-payment that exceeds a patentee's saved-litigation-costs and the value-of-services-provided by a patent-challenger s…
21-423 Jason Cunningham, Individually and as Administrator ad Litem and Personal Representative of the Estate of Nancy Jane Lewellyn, Deceased v. Robert Paschal, et al. Sixth Circuit Denied Response RequestedResponse WaivedRelisted (2) civil-rights due-process excessive-force material-fact qualified-immunity summary-judgment tolan-v-cotton use-of-force Does the ruling in this case violate Rule 56 and Supreme Court precedent?
21-448 France.com, Inc. v. The French Republic, et al. Fourth Circuit Denied appellate-interpretation circuit-court claim-analysis commercial-activity commercial-activity-exception distinct-claims foreign-sovereign-immunities-act gravamen legal-misapplication lower-federal-courts obb-personenverkeher-v-sachs Whether the United States Court of Appeals for the Fourth Circuit and other lower federal courts have misapplied this Court's decision in OBB Personen…
21-5016 Salvador Acosta v. United States Ninth Circuit Denied IFP appellate-review criminal-knowledge criminal-law drug-statutes evidence harmless-error mens-rea sentencing sentencing-enhancement testimony Whether a federal court of appeals can reject a defendant's testimony denying the requisite criminal knowledge as implausible in determining that a pr…
21-5075 Elizabeth Shaw v. Derek Shaw Michigan Denied Relisted (2)IFP child-custody due-process equal-protection federal-statute icwa jurisdiction-challenge mifpa tribal-law Whether the Supreme Court will order the immediate return of the children to their mother, Elizabeth Shaw, in violation of court orders, ICWA, MIFPA, …
21-5130 Michael Storey v. City of Alton, Illinois Illinois Denied Response WaivedRelisted (2)IFP civil-procedure development-regulation due-process land-use municipal-law property-rights takings zoning Can a city deny a resident use of his land without due process?
21-5167 Bishop Ruben DeWayne v. JPMorgan Mortgage Acquisition Corp., et al. Fourth Circuit Denied Response WaivedRelisted (2)IFP and the right to a fair trial equal protection bill-of-rights civil-procedure civil-rights constitutional-rights due-process equal-protection fifth-amendment judicial-proceedings seventh-amendment standing Whether the lower court's denial of the Petitioner's guaranteed rights under the Bill of Rights departed from accepted judicial standards
21-518 AlixPartners, LLP, et al. v. The Fund for Protection of Investors' Rights in Foreign States Second Circuit Judgment Issued Amici (2)Relisted (2) 28-usc-1782 arbitration-proceeding commercial-dispute discovery discovery-authorization foreign-tribunal international-tribunal investor-state-arbitration investor-state-dispute section-1782 statutory-interpretation Whether an ad hoc arbitration to resolve a commercial dispute between two parties is a 'foreign or international tribunal' under 28 U.S.C. § 1782(a) w…
21-5199 Vincent Johnson v. Tim Shoop, Warden Sixth Circuit Denied Response WaivedRelisted (2)IFP civil-rights due-process free-speech patent standing takings Whether the lower court erred in its interpretation and application of the relevant constitutional and statutory provisions
21-521 Foster Wheeler, LLC, et al. v. Superior Court of California, Alameda County, et al. California Denied civil-procedure deposition-time-limit due-process fairness fairness-doctrine judicial-remedies mesothelioma mesothelioma-litigation time-limits Whether newly enacted California Code of Civil Procedure section 2025.295 violates fundamental principles of fairness and decency when it imposes an i…
21-5228 Dwayne Sheckles v. United States Sixth Circuit Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment criminal-procedure drug-crimes drug-dealing evidence-seizure home-invasion probable-cause residential-searches search-warrant search-warrants Whether a person's status as a suspected drug dealer, alone, provides probable cause to allow for a warrant to be issued for that person's residence
21-5258 In Re Calvin James Denied Relisted (2)IFP civil-procedure civil-rights constitutional-rights due-process first-amendment standing Whether the court below erred in dismissing petitioner's claims alleging violations of the First Amendment and Due Process Clause
21-5264 In Re Melvin Dinkins Denied Response WaivedRelisted (2)IFP 28-usc-1651 28-usc-3730 administrative-law civil-procedure constitutional-interpretation federal-civil-procedure federal-jurisdiction qui-tam standing statutory-interpretation supremacy-clause Whether the 'usages and principles' of 28 USC 3730(b)(2) allow a person to bring a civil action for the United States Government, and whether this is …
21-527 Jeffery Mitchell v. Leonta Jackson, Warden Seventh Circuit Denied aedpa buck-v-davis certificate-of-appealability constitutional-challenge habeas-corpus slack-v-mcdaniel statute-of-limitations void-ab-initio void-statute Whether the Supreme Court has abandoned its precedent in Norton v. Shelby County regarding the void ab initio doctrine
21-530 Thomas C. Donald v. James P. Kimberley, et ux. Alabama Denied Response Waived boundary-lines due-process federal-land-patent land-patent land-survey property-law public-land real-property-law supremacy-clause title-43-usc-752 Is it a violation of Title 43 U.S.C. § 752 for the location of the boundary of a Section of land to be changed from the location according to the 'Off…
21-5330 Laura Marie Scott v. Nandan Patel, et al. Sixth Circuit Denied Response WaivedRelisted (2)IFP bankruptcy bankruptcy-exemption civil-procedure civil-rights due-process federal-preemption michigan-v-long monroe-v-pape standing subject-matter-jurisdiction tax trustee-liquidation Does enjoining both courts in contradictory reliance on faux removal of a 100% exempt parcel (11 U.S.C.) revested in Petitioner before removal from th…
21-534 Roman Andy Janiec, et al. v. City of Glendora, California Ninth Circuit Denied 42-usc-1983 civil-rights class-of-one monell monell-doctrine municipal-liability section-1983 selective-enforcement Can a municipality be held liable under 42 U.S.C. §1983 for a 'custom or practice' of selective enforcement against a 'class of one'?
21-5385 Albert M. Kun v. State Bar of California, et al. Ninth Circuit Denied Response WaivedRelisted (2)IFP bankruptcy bankruptcy-procedure constitutional-rights due-process excessive-fine fifth-amendment fourth-amendment state-bar timbs-standard timbs-v-indiana Whether the approximately $40,000 fine assessed by the State Bar is an excessive fine under Timbs v. Indiana 586 U.S.—(2019) for a $460-financial viol…
21-5408 Bruce Allen Rutherford v. United States Fifth Circuit Denied Response WaivedRelisted (2)IFP 28-usc-2255 criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment Whether the movant's claim that counsel failed to inform him of plea offers and allowed them to expire is cognizable under 28 U.S.C. § 2255
21-5420 Naim Rasool Muhammad v. Texas Texas Denied IFP burden-of-proof capital-case constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice preponderance-of-the-evidence strickland-standard strickland-v-washington texas-court-of-criminal-appeals Whether the Texas Court of Criminal Appeals erred in denying Naim Rasool Muhammad's claim of ineffective assistance of counsel under Strickland v. Was…
21-5460 Joe Michael Luna v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit Denied IFP 28-usc-2254 circuit-split clearly-established-law federal-law federal-review habeas-corpus habeas-review state-court-decision statutory-interpretation wilson-v-sellers Under 28 U.S.C. § 2254(d)(1) and Wilson v. Sellers, is a habeas court's review limited to the state court's reasons or can it consider other reasons?
21-559 Todd W. Hutton, et al. v. Bank of New York Mellon Trust Company, N.A. Fifth Circuit Denied Response Waived circuit-split civil-procedure counsel-illness excusable-neglect federal-rules-of-civil-procedure illness-of-counsel rule-60b summary-judgment texas-law Is illness of counsel which results in failure to comply with the local rules, a basis for relief as inadvertence or excusable neglect under Federal R…
21-561 Elijah Anthony Olivarez v. T-Mobile USA, Incorporated, et al. Fifth Circuit Denied Response Waived 42-usc-2000e-2m adverse-employment-action discrimination employment-discrimination pleading-stage pleading-standard prima-facie-case protected-category swierkiewicz-v-sorema title-vii At the pleading stage of a Title VII discrimination claim, must the plaintiff show 'circumstances that support an inference of discrimination' by plea…
21-574 Whitewater Draw Natural Resource Conservation District, et al. v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. Ninth Circuit Denied Response Waived administrative-law administrative-procedures-act agency-rulemaking bennett-v-spear environmental-impact nepa notice-and-comment procedural-finality standing standing-doctrine Whether the final NEPA procedures promulgated by federal agencies fail the two-pronged test in Bennett v. Spear for finality under the Administrative …
21-575 Freedom Foundation v. Washington Department of Ecology, et al. Ninth Circuit Denied Amici (1)Response Waived civil-rights first-amendment free-speech freedom-of-speech public-employee-unions public-employees right-to-work state-action unions viewpoint-discrimination Does state action that supports speech by public employee unions to public employees advocating union membership and disfavors speech by right-to-work…
21-577 Fredric N. Eshelman v. Puma Biotechnology, Inc. Fourth Circuit Denied Response Waived appellate-review civil-procedure damages damages-challenge defamation federal-rules-of-civil-procedure judgment-as-matter-of-law rule-50 sufficiency-of-evidence unitherm unitherm-precedent Whether a defendant who did not file a Rule 50 motion for judgment as a matter of law in the district court can nonetheless raise a sufficiency of the…
21-590 A. Michael Davallou v. United States First Circuit Denied Response Waived administrative-law discretionary-function-exception failure-to-warn federal-tort-claims-act government-liability hazard-disclosure negligence policy-decision specific-known-immediate-hazard warning-duty Whether the Government's failure to warn of a specific, known, immediate hazard is not the kind of broader social, economic, or political policy decis…
21-5900 Justin Anderson v. Arkansas Arkansas Denied IFP 8th-amendment capital-case constitutional-rights criminal-sentencing due-process eighth-amendment prior-offense resentencing sentencing victim-impact victim-impact-evidence Whether the Eighth Amendment permits a State to present victim-impact evidence arising from a crime other than the murder for which the defendant is b…
21-5917 Darius Murphy v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit Denied IFP brady-v-maryland brady-violation due-process exculpatory-evidence federal-court-review federal-review habeas-corpus state-court-deference state-court-procedure statutory-deference Whether the U.S. Court of Appeals for the Third Circuit improperly applied 28-U.S.C-2254(d)
21-5923 Deonte Kinwan McCoy v. Michigan Michigan Denied IFP constitutional-rights due-process fair-trial ineffective-assistance judicial-fact-finding jury-selection reasonable-doubt sufficiency-of-evidence Was the evidence insufficient to convict Mr. McCoy of each offense, and should this court reverse his convictions pursuant to federal and state consti…
21-5925 Denworth Davidson v. Thomas Griffin, Superintendent, Green Haven Correctional Facility, et al. Second Circuit Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct sixth-amendment Whether Petitioner has shown a constitutional violation
21-5931 Noe Lopez Suchite v. New York New York Denied IFP constitutional-rights criminal-procedure due-process jury-information penal-law right-to-bear-arms second-amendment self-defense trial-transcripts Whether the petitioner's use of force was justified under New York Penal Law 35.15 when the petitioner reasonably believed he was in risk of peril
21-5935 Alex Adams v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit Denied IFP abuse-of-discretion access-to-courts civil-rights constitutional-rights due-process exhaustion-of-remedies habeas-corpus judicial-interpretation post-conviction-relief prisoner-rights unnecessary-litigation Whether the lower court abused its discretion by denying the petitioner's procedural claims, including the denial of access to the courts, failure to …
21-5939 Michael Luis Cota v. Nevada Nevada Denied IFP civil-rights due-process equal-protection standing state-laws takings Whether state sodomy laws violate the Constitution
21-5949 In Re Henryk S. Borecki Denied Response WaivedIFP administrative-law administrative-procedure citizenship-documentation due-process federal-authority identity-documents immigration mandamus real-id-act travel travel-identification Whether this court should issue a writ of mandamus to expedite issuance of petitioner's REAL ID
21-595 Bruce Alexander v. Anheuser-Busch, L.L.C., et al. Fifth Circuit Denied Response Waived civil-procedure due-process employee-contacts federal-rules in-rem-jurisdiction motion-to-dismiss personal-jurisdiction sales subject-matter-jurisdiction Did the Western District Court err in its rulings on personal-jurisdiction, in-rem-jurisdiction, due-process, civil-procedure, sales, and employee-con…
21-5953 Dennis Sena v. Steven Kenneway, Superintendent, Massachusetts Correctional Institution at Shirley First Circuit Denied Response WaivedIFP certiorari federal-issue first-circuit good-cause habeas precedent precedents rhines-v-weber Whether this Court should grant certiorari to review a decision by the United States Court of Appeals for the First Circuit in conflict with this Cour…
21-6020 Said Azzam Mohamad Rahim v. United States Fifth Circuit Denied Response WaivedIFP apprendi-v-new-jersey circuit-split criminal-law criminal-sentencing due-process sentencing-guidelines specific-intent statutory-interpretation terrorism-enhancement This Court should resolve the circuit split that has developed by finding that the twelve-level terrorism enhancement under U.S.S.G. §3A1.4 requires a…
21-6024 Dudley Allen Hicks v. Florida Florida Denied Response WaivedIFP counsel-competence criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel mental-competency post-conviction-relief right-to-counsel sixth-amendment What kind of evidence and circumstances must be revealed for a criminal attorney to create a bona fide doubt as to his client's competence to require …
21-604 Stephen Kantos v. Leonard Major, et al. Michigan Denied Response Waived civil-rights constitutional-right court-of-appeals dismissal-with-prejudice due-process jury-trial legal-sanction sanctions standing vicencio-v-ramirez Did the court of appeals err in denying plaintiff's right to a jury trial
21-6041 Eric Benson Skeens v. Indiana Indiana Denied Response WaivedIFP civil-rights criminal-misconduct due-process evidence-suppression fair-trial judicial-bias prosecutorial-misconduct state-court-procedure witness-testimony Whether the state courts erred when they allowed the state and its agents to tamper with, suppress, and withhold evidence favorable to the petitioner,…
21-6048 Shakina Ortega v. Higgs Fletcher and Mack LLP, et al. California Denied Response WaivedIFP civil-procedure constitutional-rights due-process equal-protection impartial-court racial-discrimination self-representation self-represented summary-judgment Whether the granting of summary judgment was proper when discovery was incomplete
21-6051 Travis L. Watson v. Dennis Daniels, Warden Fourth Circuit Denied Response WaivedIFP civil-rights conspiracy constitutional-rights due-process false-imprisonment fraud habeas-corpus judicial-misconduct obstruction-of-justice Does the U.S. Constitution protect a convict from imprisonment under a falsified document?
21-6059 Terry Jonathan Phillips v. Florida Florida Denied Response WaivedIFP constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense
21-6080 Carl Henry Olsen, III v. Renee Baker, Warden, et al. Ninth Circuit Denied Response WaivedIFP aedpa anti-terrorism-act circuit-split federal-habeas federal-statute habeas-corpus presumption-against-retroactivity retroactive-application retroactivity second-or-successive-petitions second-petition Whether AEDPA's restrictions on second or successive habeas petitions apply retroactively to petitioners who filed pre-AEDPA federal habeas litigation
21-6113 Clinton Rayshawn Grayson v. Connie Horton, Warden Sixth Circuit Denied Response WaivedIFP administrative-law civil-rights constitutional-law constitutional-provisions due-process judicial-review jurisdiction legal-precedent standing statutory-interpretation statutory-provisions Whether the court of appeals erred in dismissing the petitioner's claims
21-6157 Christopher Coker, aka Christopher Forman v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. Third Circuit Denied Response WaivedIFP default-rule due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review martinez-exception martinez-v-ryan pcra post-conviction-relief standing trial-procedure Did Trial Judge failed to rule on meritorious issues?
21-617 Christopher N. Payne v. Jahal Taslimi, et al. Fourth Circuit Denied Amici (2)Response Waived circuit-split civil-rights constitutional-rights due-process fourth-amendment inmate-privacy medical-confidentiality penological-interests prejudice privacy qualified-immunity Do inmates have a constitutional right to privacy in their HIV status?
21-6178 Henry Baird v. United States Third Circuit Denied Response WaivedIFP circuit-split criminal-defense criminal-law drug-cases entrapment federal-drug-cases federal-sentencing judicial-doctrine manipulation sentencing sentencing-entrapment Whether the court should resolve the circuit split on recognizing sentencing entrapment and sentencing manipulation doctrines as viable defenses at se…
21-6184 Mark Bitzan v. Chris Tripp, Warden, et al. Eighth Circuit Denied Response WaivedIFP abuse-of-discretion appellate-review court-discretion court-procedure due-process equal-protection federal-courts habeas-corpus ineffective-counsel petition-for-rehearing Where the U.S. Court of Appeals for the Eight Circuit granted permission to file an overlength Petition for Rehearing and then denies the Petition for…
21-6185 Rodney Smith v. United States Third Circuit Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing district-court district-court-discretion downward-departure judicial-discretion sentencing-guidelines Was the District Court's decision not to depart downward appropriate?
21-6187 James E. Lyons v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel postconviction-relief sixth-amendment Whether the circuit court of appeals should hear and rule upon petitioner's certificate of appealability that was denied and alleged that trial counse…
21-6201 Reginald Kindle v. Florida Florida Denied Response WaivedIFP criminal-procedure jury-trial preponderance-of-evidence recidivism sentencing sentencing-enhancement sixth-amendment statutory-maximum Whether a sentencing court violates a defendant's Sixth Amendment right to a jury trial when it finds by a preponderance of the evidence that he commi…
21-6207 Philip Bernard Friend v. United States Fourth Circuit Denied Response WaivedIFP appellate-review comparable-cases comparative-sentencing criminal-procedure federal-sentencing-guidelines juvenile-offenders sentencing-disparities sentencing-reasonableness sentencing-review substantive-reasonableness substantive-review Whether an appellate court reviewing a sentence for substantive reasonableness should consider, when presented, a comparison between the instant case …
21-6208 Daliang Guo v. United States Ninth Circuit Denied Response WaivedIFP control-over-others criminal-procedure criminal-scheme criminal-sentencing leader-enhancement leadership-role ninth-circuit participant-control role-model sentencing-guidelines Whether a defendant who took part in a criminal scheme with multiple participants is properly subject to the leader/organizer enhancement at USSG § 3B…
21-6210 Tony Bowen v. United States Sixth Circuit Denied Response WaivedIFP appeal-waiver armed-career-criminal-act conviction-counting felon-in-possession sentencing sentencing-enhancement state-law statutory-maximum Whether the maximum penalty is 10 years or life when a defendant pleads guilty to felon-in-possession and waives appeal rights except for exceeding st…
21-6211 Cubby Wayne Williams v. United States Ninth Circuit Denied Response WaivedIFP brain-injury cognitive-deficits criminal-procedure due-process evidence expert-testimony good-faith mens-rea rule-702 traumatic-brain-injury willfulness Whether the district court committed reversible error by excluding expert evidence of the defendant's traumatic brain injury and its effects on his co…
21-6215 Lawrence Oakie, aka LBJ v. United States Eighth Circuit Denied Response WaivedIFP acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sixth-amendment Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments
21-6231 Christopher Lee Scott v. United States Fourth Circuit Denied Response WaivedIFP categorical-approach controlled-substance controlled-substance-offenses divisibility fourth-circuit-review modified-categorical-approach precedent remand sentencing-enhancement statutory-interpretation Whether S.C. Code §§ 44-53-370 and 44-53-375(B) are divisible into three offenses
21-6232 Jason Stallcup v. United States Eighth Circuit Denied Response WaivedIFP 18-usc-924 18-usc-924c crime-of-violence federal-criminal-law hobbs-act sentencing sentencing-enhancement statutory-interpretation Does completed Hobbs Act robbery qualify as a 'crime of violence' under 18 U.S.C. § 924(c)(3)(A)?
21-6233 Joe Lenard Rodriguez v. United States Eighth Circuit Denied Response WaivedIFP conspiracy conspiracy-to-distribute criminal-law criminal-procedure drug-trafficking due-process evidence evidence-sufficiency jury-trial methamphetamine Did the courts below err in convicting the Petitioner of Conspiracy to Distribute Methamphetamine?
21-6234 Edward Stain v. United States Ninth Circuit Denied Response WaivedIFP aiding-and-abetting conviction crimes-of-violence criminal-law hobbs-act-robbery modified-categorical-approach predicate-offense section-924c shepard-documents statutory-interpretation Whether a conviction under 18 U.S.C. § 924(c) is unconstitutional when the Shepard documents do not clearly establish that a jury unanimously based it…
21-6235 Brandon Marquis Jennings v. United States Fourth Circuit Denied Response WaivedIFP appellate-review due-process eighth-amendment life-sentence miller-v-alabama presumption-of-reasonableness reasonableness-standard sentencing sentencing-guidelines Whether the appellate review for reasonableness of a life sentence lacks sufficient scrutiny
21-624 Brian D. Swanson v. Commissioner of Internal Revenue Eleventh Circuit Denied Response Waived 11th-circuit circuit-court commissioner direct-tax frivolous income-tax internal-revenue supreme-court supreme-court-precedent tax taxable-income May the Commissioner of Internal Revenue collect a uniform direct tax on Petitioner's taxable income?
21-6242 Shelly Margaret Arndt v. Washington Washington Denied Response WaivedIFP constitutional-rights due-process evidentiary-ruling factual-innocence fundamental-miscarriage-of-justice habeas-corpus state-court unlawful-incarceration When a state court evidentiary ruling impinges on the constitutional rights of a factually innocent person, does the fundamental miscarriage of justic…
21-6243 Richard Barnhart, Jr. v. Neil Turner, Warden Sixth Circuit Denied Response WaivedIFP 4th-amendment appellate-procedure constitutional-rights due-process ineffective-assistance-of-counsel motion-for-new-trial ohio-appellate-court search-and-seizure supreme-court-precedent unreasonable-application Is a Petitioner denied his due process rights when the Ohio Appellate Court applies an unreasonable application of U.S. Supreme Court precedent in reg…
21-6245 Robin Moore v. James David Green, Warden Sixth Circuit Denied Response WaivedIFP batson-challenge civil-rights due-process fair-trial jury-selection peremptory-challenges peremptory-strike racial-discrimination Whether the (Court's) failure to specifically find that the prosecution had made a preliminary showing of racial discrimination when denying a crimina…
21-6250 Joel Rivera-Alejandro v. United States First Circuit Denied Response WaivedIFP 6th-amendment constitutional-rights due-process excessive-delay fifth-amendment indictment multi-defendant sixth-amendment speedy-trial trial-delay Whether Petitioners Constitutional Fifth Amendment's Right to Due Process of Law and his Sixth Amendment Right to a Speedy Trial were violated
21-6251 Jason Wattie Buzzard and Paul William Martin v. United States Fourth Circuit Denied Response WaivedIFP 4th-amendment civil-rights criminal-investigation fourth-amendment police-questioning prolonged-detention reasonable-suspicion search-and-seizure traffic-stop unlawful-detention Whether a police officer conducting a traffic stop unlawfully prolongs that stop, in violation of the Fourth Amendment, by asking the occupants of the…
21-6252 Ryder Shane Altman v. United States Fifth Circuit Denied Response WaivedIFP appellate-procedure collateral-appeal collateral-review criminal-defendants criminal-procedure fact-finding ineffective-assistance ineffective-assistance-of-counsel pro-se Whether federal criminal defendants presenting substantial claims of ineffective assistance of counsel should receive the benefit of additional fact-f…
21-6254 Deante Blackman v. United States Eleventh Circuit Denied Response WaivedIFP 18-usc-924(c) aiding-and-abetting circuit-precedent crime-of-violence habeas-corpus overruling-precedent procedural-default witness-murder Whether cause exists to excuse a habeas petitioner's procedural default
21-6260 Samuel Lee Murchison v. United States Fourth Circuit Denied Response WaivedIFP appellate-review credibility-determination factual-findings findings-of-fact fourth-circuit judicial-procedure standard-of-review trial-court video-evidence Did the Fourth Circuit err by employing a 'particularly defer[entional]' standard of review to findings of fact by the trial court that did not involv…
21-6264 Marion Katrell Campbell v. United States Fourth Circuit Denied Response WaivedIFP district-court-discretion due-process evidence evidence-admissibility federal-rules-of-evidence rule-404(b) rule-404b rule-702 trial-procedure Whether the district court improperly allowed Federal Rule of Evidence 404(b) & 702 in petitioner's trial
21-6265 Jonathan Barrett v. United States Sixth Circuit Denied Response WaivedIFP buyer-seller buyer-seller-instruction circuit-conflict conspiracy constitutional-rights criminal-defense criminal-law drug drug-conspiracy due-process jury-instructions Whether a defendant's constitutional right to present an effective legally acceptable defense is violated when the district court wrongfully declines …
21-6266 Mary Aragon, aka Mary Delgado, and German Ramirez-Gonzalez v. United States Ninth Circuit Denied Response WaivedIFP acting-attorney-general appointments-clause constitutional-law due-process executive-branch principal-officer senate-confirmation united-states-attorney Did the Ninth Circuit's disposition of Petitioners' claim under Article II's Appointments Clause contravene Eaton's longstanding rule?
21-6269 Johnathan Dewayne Mitchell v. United States Eighth Circuit Denied Response WaivedRelisted (2)IFP civil-rights competency criminal-procedure defendant-rights due-process forcible-medication judicial-authority medical-intervention medication mental-health Whether district courts have authority to order forcible medication of competent defendants
21-6270 Catherine Pileggi v. Florida Florida Denied Response WaivedIFP constitutional-law constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel postconviction postconviction-relief state-court state-court-procedure Whether the due process clause requires a state court to accept unrebutted factual allegations without an evidentiary hearing
21-6276 Terrell B. Sullivan v. United States Eighth Circuit Denied Response WaivedIFP certificate-of-appealability circuit-split eighth-circuit habeas-corpus ineffective-assistance-of-counsel judicial-review kisor-v-wilkie united-states-v-havis united-states-v-winstead Whether the Eighth Circuit Erred in Holding that Petitioner's Issue on 'Certificate of Appealability' Was Not Debatable Among Jurists of Reason
21-6279 Jquan Leearthur McInnis v. Minnesota Minnesota Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-without-parole miller-v-alabama roper-v-simmons sentencing sentencing-discretion Whether sentencing a juvenile to two consecutive homicide sentences of life-with-the after thirty years, the functional equivalent of a natural life s…
21-6280 Johnny Williams v. United States Sixth Circuit Denied Response WaivedIFP controlled-substance controlled-substances criminal-sentencing drug-conspiracy drug-distribution-conspiracy due-process enhanced-sentence mens-rea statutory-construction statutory-interpretation When the Government clearly defines the scope and object of a drug distribution conspiracy in a charging Indictment, do the lower courts err when they…
21-6283 Jamie Joe Dulus v. United States Ninth Circuit Denied Response WaivedIFP 18-usc-113a3 assault-with-dangerous-weapon certificate-of-appealability circuit-split collateral-review federal-assault-with-dangerous-weapon jurisdictional-claim mandatory-minimum-sentence procedural-default violent-physical-force Whether the Circuits have interpreted the actus reus of assault with a dangerous weapon too narrowly and against its plain language by requiring viole…
21-6294 Robert Michael Junkins v. United States Fourth Circuit Denied Response WaivedIFP 4th-amendment criminal-procedure drug-evidence drug-sentencing illegal-search motion-to-suppress search-and-seizure sentencing sentencing-guidelines vehicle-search Whether the district court erred in denying Junkins' motion to suppress evidence
21-6297 Henry Cervantes and Jaime Cervantes v. United States Ninth Circuit Denied Response WaivedIFP criminal-procedure criminal-sentencing federal-statute jury-trial obstruction-of-justice official-proceeding sentencing sixth-amendment statutory-interpretation Whether the federal obstruction of justice statute, 18 U.S.C. §1512(c)(2) (obstruction of an official proceeding), can be applied to street level crim…
21-6298 Ronald David McCalister, Jr. v. United States Fifth Circuit Denied Response WaivedIFP criminal-procedure due-process miscarriage-of-justice plea-agreements sentencing waivers-of-appeal Whether this Court should recognize a 'miscarriage of justice' exception to waivers of appeal in plea agreements?
21-6349 Victor Hurns v. Mississippi Mississippi Denied Response WaivedIFP civil-rights constitutional-law criminal-procedure double-jeopardy due-process fifth-amendment judicial-acquittal judicial-review legal-procedure newly-discovered-evidence statutory-interpretation Whether the denial of petitioners' request for a new trial based on newly discovered evidence violates the Due Process Clause of the Fourteenth Amendm…
21-65 Yvonne Bowers, Sr. v. Lynx Asset Services, LLC New Jersey Denied Relisted (2) 42-usc-1983 civil-rights due-process equal-protection fraud-on-court fraud-on-the-court section-1983 state-action state-actions Whether violations of due process and equal protection of law by state actions present a constitutional challenge and violates Petitioner's civil righ…
21-684 Beverly Zylstra, et vir v. DRV, LLC Seventh Circuit Denied Response Waived breach-of-warranty circuit-split consumer-protection cure-opportunity federal-law judicial-uniformity jury-trial magnuson-moss-warranty-act repair-attempts warranty-claims What constitutes a 'reasonable opportunity to cure' under the Magnuson-Moss Warranty Act?
21-702 Shahen Minassian v. Seda Galstian Aghaian, et al. California Denied Response Waived equitable-remedy executive-orders executive-power federal-preemption illegal-contract international-emergency-economic-powers-act international-trade-sanctions iran-sanctions iranian-transactions-and-sanctions-regulations national-security Whether a state court may fashion an equitable remedy for enforcement of an illegal contract for services concerning blocked property prohibited by in…
21-713 Victor P. Kearney v. Unsecured Creditors Committee, et al. Tenth Circuit Denied Response Waived 14th-amendment bankruptcy-court bankruptcy-trustee district-court-jurisdiction due-process fiduciary-duty jurisdiction trust-law trustee-appointment When does a lower district court have the sole discretion to influence, lead, dictate, supersede, deny, or nullify the jurisdiction of the higher fede…
21-723 Mark Alan Staples v. Commissioner of Internal Revenue Tenth Circuit Denied Response Waived 1st-amendment 5th-amendment administrative-law disability-discrimination due-process equal-protection ex-parte-communication free-speech social-security-law tax-law Whether the United States is allowed to reduce the income of a person and then tax the income reduction of that person without due process or equal pr…
21-729 Shirene Hernandez v. United States Ninth Circuit Denied Response Waived civil-rights criminal-law due-process federal-circuits fiduciary-duty honest-services-fraud ninth-circuit-precedent skilling-standard skilling-v-united-states statutory-interpretation Whether after Skilling, the 'right of honest services' described in 18 U.S.C. § 1346 must be defined in relation to a specific fiduciary duty against …