Conference: 2023-06-29
43 cases — 0 granted, 43 denied/dismissed, 0 pending
| Case | Title | Lower Court | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|
| 21-1557 | Dayonta McClinton v. United States | Seventh Circuit | Denied | Amici (6)Response RequestedResponse WaivedRelisted (14) | criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 21-763 | John Forrest Ham, Jr. v. M. Breckon, Warden | Fourth Circuit | Denied | Amici (1)Relisted (4) | 28-usc-2241 28-usc-2255 circuit-precedent federal-prisoner habeas-corpus retroactivity section-2241 section-2255 sentence-review sentencing | Whether a district court has jurisdiction under section 2241 to review a claim that a federal prisoner's sentence is invalid in light of an intervenin… |
| 21-8190 | Thomas Luczak v. United States | Seventh Circuit | Denied | Response RequestedResponse WaivedRelisted (13)IFP | acquitted-conduct criminal-procedure double-jeopardy due-process sentencing united-states-v-watts | Whether this Court should overturn its decision in United States v. Watts, 519 U.S. 148 (S.Ct. 1997), which holds that sentencing judges can consider … |
| 21-926 | Cooper Tire & Rubber Company v. Tyrance McCall | Georgia | Denied | Amici (3)Relisted (4) | consent corporate-registration due-process forum-contacts fourteenth-amendment general-jurisdiction personal-jurisdiction state-sovereignty | Whether the Due Process Clause permits a state to assert personal jurisdiction over an out-of-state corporation for claims not arising from the forum … |
| 22-118 | Marquis Shaw v. United States | Ninth Circuit | Denied | Relisted (12) | acquitted-conduct constitutional-rights criminal-sentencing double-jeopardy due-process issue-preclusion jury-trial sentencing united-states-v-watts | Whether the use of acquitted conduct at sentencing violates the Jury Clauses or Due Process Clause |
| 22-193 | Jatonya Clayborn Muldrow v. City of St. Louis, Missouri, et al. | Eighth Circuit | Judgment Issued | CVSGAmici (15)Response RequestedResponse WaivedRelisted (4) | circuit-split civil-rights civil-rights-act employment-discrimination job-transfer material-disadvantage materially-significant-disadvantages statutory-interpretation title-vii | Does Title VII prohibit discrimination as to all 'terms, conditions, or privileges of employment,' or is its reach limited to discriminatory employer … |
| 22-204 | Melissa Elaine Klein, et vir v. Oregon Bureau of Labor and Industries | Oregon | GVR | Amici (13)Relisted (2) | civil-rights custom-art due-process employment-division employment-division-v-smith first-amendment free-speech masterpiece-cakeshop religious-freedom religious-hostility | Whether, under Masterpiece, the Oregon Court of Appeals should have entered judgment for Petitioners after finding that Respondent had demonstrated an… |
| 22-362 | Matt Huffman, President of the Ohio Senate, et al. v. Meryl Neiman, et al. | Ohio | GVR | Relisted (2) | congressional-elections congressional-redistricting constitutional-interpretation elections-clause judicial-review ohio-supreme-court proportional-representation redistricting state-constitution state-legislature | Whether state courts violate the Elections Clause by enforcing state constitutional limits on a state legislature's power to regulate congressional el… |
| 22-369 | Carlos Monteiro Silva v. Merrick B. Garland, Attorney General | First Circuit | Denied | Relisted (3) | None | |
| 22-374 | Troy Olhausen v. Arriva Medical, LLC, et al. | Eleventh Circuit | GVR | Relisted (5) | circuit-split civil-procedure false-claims-act knowingly objective-reasonableness objective-standard scienter statutory-interpretation subjective-standard | Whether a False Claims Act defendant alleged to have 'knowingly' violated a provision of federal law can escape liability by articulating, after the f… |
| 22-398 | Marcos F. Santiago v. J. C. Streeval | Seventh Circuit | Denied | Relisted (2) | criminal-law criminal-procedure due-process felon-status knowledge-requirement post-conviction-relief postconviction-relief rehaif-standard rehaif-v-united-states sentencing-relief | Whether a felon who has spent less than a year in custody is entitled to a presumption that he lacked knowledge of his felon status and therefore, abs… |
| 22-412 | Roy Harness, et al. v. Michael Watson, Mississippi Secretary of State | Fifth Circuit | Denied | Amici (3)Relisted (17) | civil-rights constitutional-law en-banc-review equal-protection fourteenth-amendment legislative-intent racial-discrimination voting-rights | Whether any amendment to a law originally adopted for an impermissible racially discriminatory purpose, no matter how minor the amendment and no matte… |
| 22-510 | Jody Lombardo, et al. v. City of St. Louis, Missouri, et al. | Eighth Circuit | Denied | Amici (2)Response RequestedResponse WaivedRelisted (9) | civil-procedure civil-rights constitutional-rights detainee-death due-process excessive-force law-enforcement police-misconduct police-restraint qualified-immunity | Whether officers are entitled to qualified immunity when they put a handcuffed and shackled person face-down on the floor and push into his back until… |
| 22-5329 | Chadrick Fulks v. T. J. Watson, Warden | Seventh Circuit | Denied | Relisted (2)IFP | 28-U.S.C-2241 28-U.S.C-2255 collateral-review death-penalty eighth-amendment habeas-corpus intellectual-disability section-2241 section-2255 | Is an intellectually disabled and death-sentenced prisoner entitled to review under 28-U.S.C-2241 because diligent counsel could not have raised this … |
| 22-5345 | Gary Paul Karr v. United States | Fifth Circuit | Denied | Relisted (11)IFP | acquitted-conduct criminal-sentencing cross-examination due-process fifth-amendment hearsay-statement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct underlying a charge for which t… |
| 22-556 | N. S., Only Child of Decedent, Ryan Stokes, By and Through Her Natural Mother and Next Friend, Brittany Lee, et al. v. Kansas City Board of Police Commissioners, et al. | Eighth Circuit | Denied | Amici (1)Relisted (12) | 42-usc-1983 circuit-split civil-rights clearly-established constitutional-rights due-process law-enforcement legal-precedent qualified-immunity section-1983 | Whether qualified immunity insulates a law enforcement officer from liability under 42 U.S.C. § 1983 |
| 22-582 | United States v. Jose Felipe Hernandez-Calvillo, et al. | Tenth Circuit | GVR | Relisted (2) | constitutional-challenge constitutional-law criminal-law criminal-prohibition first-amendment free-speech immigration immigration-law overbreadth-doctrine statutory-interpretation | Whether the federal criminal prohibition against conspiring to encourage or induce unlawful immigration is facially unconstitutional on First Amendmen… |
| 22-5828 | DeShaun Bullock v. United States | Eighth Circuit | Denied | Relisted (10)IFP | acquittal criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-593 | United States, ex rel. Deborah Sheldon v. Allergan Sales, LLC | Fourth Circuit | GVR | Relisted (5) | civil-liability false-claims-act government-fraud knowingly knowledge-standard statutory-interpretation subjective-beliefs subjective-understanding | Whether and when a defendant's contemporaneous subjective understanding or beliefs about the lawfulness of its conduct are relevant to whether it 'kno… |
| 22-5993 | Malik Ross v. United States | Eighth Circuit | Denied | Response RequestedResponse WaivedRelisted (10)IFP | criminal-procedure due-process fifth-amendment preponderance-of-evidence reasonable-doubt sentencing sentencing-guidelines substantive-reasonableness | Does a judge deny a defendant's Fifth Amendment rights by increasing a prison sentence based on disputed facts the Court did not find beyond a reasona… |
| 22-6057 | Tony Terrell Clark v. Mississippi | Mississippi | Denied | Relisted (15)IFP | batson-v-kentucky civil-rights due-process flowers-v-mississippi jury-selection racial-discrimination | Whether Mississippi continues to misapply Batson v. Kentucky |
| 22-6212 | Eric Cain v. United States | Sixth Circuit | Denied | Relisted (9)IFP | criminal-procedure double-jeopardy due-process federal-sentencing-guidelines fifth-amendment jury-trial-right sentencing-guidelines sixth-amendment | Whether the Sixth Amendment jury trial right or the Fifth Amendment Due Process Clause bars a court from imposing a more severe criminal sentence base… |
| 22-633 | Stacey A. Kincaid, Sheriff, Fairfax County, Virginia v. Kesha T. Williams | Fourth Circuit | Denied | Response RequestedResponse WaivedRelisted (9) | 42-usc-12211 ada-title-ii americans-with-disabilities-act disability-definition disability-rights dsm-5 fourth-circuit gender-dysphoria statutory-interpretation | Whether the diagnosis of gender dysphoria, found in the DSM-5, is excluded from the ADA's definition of disability under 42 U.S.C. § 12211(b) |
| 22-6386 | Frank Sanchez v. United States | Eighth Circuit | Denied | Relisted (9)IFP | acquitted-conduct criminal-procedure double-jeopardy 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 |
| 22-666 | Situ Kamu Wilkinson v. Merrick B. Garland, Attorney General | Third Circuit | Judgment Issued | Amici (3)Relisted (3) | None | |
| 22-6680 | Michael Stapleton v. United States | Eleventh Circuit | Denied | Response RequestedResponse WaivedRelisted (3)IFP | aiding-and-abetting alien-smuggling circuit-split defective-indictment due-process effective-assistance-of-counsel jurisdiction pro-se-rights sixth-amendment | Was the indictment defective? |
| 22-672 | Northstar Wireless, LLC v. Federal Communications Commission, et al. | District of Columbia | Denied | Amici (1)Response RequestedResponse WaivedRelisted (3) | administrative-law agency-penalty due-process fair-notice fcc small-business small-business-regulation spectrum-auction | Whether imposing massive penalties without providing either clear ex ante guidance or a meaningful post hoc opportunity to cure satisfies the fair not… |
| 22-6736 | Justin D. Martin v. United States | Sixth Circuit | Denied | Relisted (8)IFP | acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-674 | Moris Esmelis Campos-Chaves v. Merrick B. Garland, Attorney General | Fifth Circuit | Judgment Issued | Relisted (2) | None | |
| 22-6815 | David E. Merry v. United States | Eleventh Circuit | Denied | Relisted (7)IFP | acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing (enhancing) a criminal defendant's sentence on conduct for which a jury ha… |
| 22-6838 | Demetri D. Beachem, aka Demetrius D. Beachem v. United States | Seventh Circuit | Denied | Response WaivedRelisted (9)IFP | appeal-waiver criminal-procedure criminal-sentencing due-process ineffective-assistance-of-counsel involuntary-plea miscarriage-of-justice plea-agreement plea-bargaining sentencing-guidelines | Whether a court can consider dismissed or uncharged conduct in sentencing |
| 22-6940 | Leon Little v. United States | Third Circuit | Denied | Response WaivedRelisted (9)IFP | criminal-sentencing due-process fifth-amendment jury-trial preponderance-of-evidence sixth-amendment uncharged-conduct | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentencing on uncharged conduct |
| 22-7148 | Karteu Omar Jenkins v. United States | Eleventh Circuit | Denied | Response WaivedRelisted (9)IFP | acquitted-conduct criminal-procedure drug-weight-calculation due-process fifth-amendment ineffective-assistance-of-counsel right-to-counsel sentencing sixth-amendment | Whether the district court erred in not appointing new counsel after the second hearing on the matter? |
| 22-721 | Damian McElrath v. Georgia | Georgia | Judgment Issued | Amici (5)Relisted (7) | acquittal criminal-procedure criminal-prosecution double-jeopardy fifth-amendment jury-verdict prosecution repugnant-verdict repugnant-verdicts | Does the Double Jeopardy Clause prohibit a second prosecution for a crime of which a defendant was previously acquitted? |
| 22-738 | Robert A. Mangine v. Shannon D. Withers, Warden | Seventh Circuit | Denied | Relisted (2) | 18-usc-3582 career-offender circuit-split habeas-corpus miscarriage-of-justice savings-clause sentence-reduction sentencing-error sentencing-errors statutory-rights | Whether and under what circumstances relief is available under § 2255(e) for federal prisoners challenging errors in their sentences |
| 22-7438 | Frank Nellom v. United States District Court for the Eastern District of Pennsylvania | Third Circuit | Denied | Response WaivedRelisted (2)IFP | court-order criminal-procedure double-jeopardy due-process expungement fourteenth-amendment judicial-interpretation jury-finding jury-instructions rape-conviction | Did the honorable Philadelphia Court of Common Pleas Judge Joan A. Brown find the Commonwealth v. Frank Nellom, 565 A.2d 770 (Pa. Super.1989) Court Or… |
| 22-7508 | Herma Barbara Medina Reyna v. PNC Bank, N.A., et al. | Ninth Circuit | Denied | Response WaivedRelisted (4)IFP | civil-rights due-process foreclosure foreclosure-fraud mortgage-ownership punitive-damages racketeering rooker-feldman-doctrine standing title-fraud | Can a party who was wronged by a bank or business entity that committed mass fraud, misrepresentation, and racketeering actions retain a judgment in a… |
| 22-757 | Jonathan Roberts, et al. v. James V. McDonald, Commissioner, New York State Department of Health, et al. | Second Circuit | Denied | Relisted (5) | civil-rights defendant-conduct due-process emergency-approval equal-protection injury-in-fact legal-standing predictable-events racial-discrimination standing | Whether plaintiffs' injury is imminent where it flows from a predictable course of events that results from the defendant's conduct |
| 22-823 | Alicia Thompson v. Janelle Henderson | Washington | Denied | Amici (2)Response RequestedResponse WaivedRelisted (7) | burden-of-proof due-process equal-protection evidence-standard implicit-bias jury-verdict prima-facie racial-bias | Whether the Washington Supreme Court's novel standard addressing implicit bias violates the Due Process Clause and Equal Protection Clause |
| 22-859 | Securities and Exchange Commission v. George R. Jarkesy, Jr., et al. | Fifth Circuit | Judgment Issued | Amici (36)Relisted (2) | administrative-enforcement administrative-law article-ii civil-penalties civil-rights due-process enforcement nondelegation-doctrine sec-proceedings securities seventh-amendment | Whether statutory provisions that empower the Securities and Exchange Commission (SEC) to initiate and adjudicate administrative enforcement proceedin… |
| 22-884 | Merrick B. Garland, Attorney General v. Varinder Singh | Ninth Circuit | Judgment Issued | Relisted (2) | administrative-law due-process immigration-law in-absentia-order notice-requirement notice-requirements removal-proceeding removal-proceedings rescission statutory-interpretation | Whether the failure to receive, in a single document, all of the information specified in paragraph (1) of 8 U.S.C. 1229(a) precludes an additional do… |
| 22-915 | United States v. Zackey Rahimi | Fifth Circuit | Judgment Issued | Amici (69)Relisted (2) | 2nd-amendment constitutional-law constitutional-rights domestic-violence due-process firearm-possession firearms restraining-order second-amendment statutory-interpretation | Whether 18 U.S.C. 922(g)(8) violates the Second Amendment |
| 22-991 | George R. Jarkesy, Jr., et al. v. Securities and Exchange Commission | Fifth Circuit | Denied | Relisted (2) | administrative-law agency-adjudication circuit-court-jurisdiction due-process judicial-review jurisdiction securities-law securities-regulation statutory-interpretation | Whether circuit courts have jurisdiction to remand to the SEC under 15 U.S.C. § 78y |