Conference: 2023-10-06

187 cases — 0 granted, 187 denied/dismissed, 0 pending

← All conferences

Case Title Lower Court Status Flags Tags Question Presented
22-1048 Joseph E. Blackburn, Jr., et ux. v. Dare County, North Carolina, et al. Fourth Circuit Denied Response RequestedRelisted (2) 5th-amendment civil-procedure constitutional-law due-process eminent-domain fifth-amendment government-regulation property-rights regulatory-takings takings takings-clause Whether a governmental regulation prohibiting all physical access to a landowner's property is a 'per se' taking under the Fifth Amendment of the Unit…
22-1055 Lee Elbaz, aka Lena Green v. United States Fourth Circuit Denied circuit-split criminal-prosecution domestic-application domestic-transmission extraterritoriality foreign-conduct interstate-commerce wire-fraud Whether the wire-fraud statute applies extraterritorially or is limited to domestic applications
22-1082 Steven M. Larrabee v. Carlos Del Toro, Secretary of the Navy, et al. District of Columbia Denied Amici (1) active-duty civilian-status constitutional-review court-martial due-process founding-era-practices military-jurisdiction retired-servicemembers ucmj Whether the Constitution permits military retirees to be tried by court-martial for offenses committed after they have left active duty?
22-1112 Avail Vapor, LLC, et al. v. Food and Drug Administration Fourth Circuit Denied Amici (3)Relisted (2) administrative-law administrative-procedure-act arbitrary-and-capricious evidence-standard evidentiary-standard fda fda-regulation marketing-authorization premarket-applications tobacco-product-regulation tobacco-products Whether FDA's marketing denial order was arbitrary and capricious
22-1118 Cody Adams, et al. v. United States Federal Circuit Denied Amici (1)Relisted (2) civil-rights due-process federal-employees federal-employment hazardous-duty-pay proximity-exposure regulatory-interpretation statutory-entitlement statutory-interpretation virulent-biologicals Whether federal employees who work in close proximity to individuals infected with virulent biologicals are entitled to hazardous duty pay under the r…
22-1125 Don Blankenship v. NBCUniversal, LLC, et al. Fourth Circuit Denied Amici (1)Response RequestedResponse WaivedRelisted (3) actual-malice constitutional defamation first-amendment media-liability public-figure summary-judgment Whether the actual malice standard imposed on public figure plaintiffs in defamation cases should be replaced
22-1158 Lassana Magassa v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. Ninth Circuit Denied administrative-procedure-act agency-rulemaking constitutional-challenge final-order jurisdiction jurisdiction-stripping mcnary-v-haitian-refugee-ctr statutory-interpretation sts-redress-process Does agency rulemaking constitute a final order under 49 U.S.C. § 46110?
22-1240 Nicolas Tashman v. Advance Auto Parts, Inc. Eighth Circuit Denied circuit-split civil-rights employment employment-discrimination respondeat-superior statutory-interpretation supreme-court tortious-acts Whether general common law principles of respondeat superior apply to hold an employer liable for an employee's tortious acts under 42 U.S.C. § 1981
22-1248 Missouri, et al. v. Joseph R. Biden, Jr., President of the United States, et al. Eighth Circuit Denied administrative-procedure constitutional executive-order greenhouse-gas procedural-injury regulatory social-cost sovereign-interests standing standing-doctrine statutory Whether the Petitioning States' alleged harms to their proprietary and sovereign interests (as well as a completed procedural injury) are sufficient t…
22-6930 Robert Earl Hackney v. Michigan Michigan Denied Relisted (2)IFP constitutional-violation criminal-procedure cruel-and-unusual-punishment due-process judicial-ethics judicial-misconduct jury-trial standing writ-of-certiorari Whether a petitioner can pass through the Court's Writ of Certiorari gateway and argue the merits of an underlying constitutional claim when the petit…
22-7286 Vonteak Alexander v. Jane Doe, et al. Ninth Circuit Denied Response RequestedResponse WaivedRelisted (2)IFP contract-law criminal-procedure defendant-rights due-process judicial-discretion legal-reformation mistake-of-law mutual-mistake plea-agreement May a court reform an accepted, valid, federal plea agreement containing a mutual mistake of law to circumvent the mistake to the defendant's prejudic…
22-7474 Quinton Markis Cuthbertson, aka Quinton Marquis Cuthbertson v. United States Fourth Circuit Denied IFP due-process fourth-amendment police-misconduct police-provocation spoliation subterfuge suppression-hearing unreasonable-seizure Do police violate a person's Fourth Amendment rights against unreasonable seizure when they provoke, through subterfuge and intimidation, a person to …
22-7539 Stacy Gallman v. United States Third Circuit Denied Response RequestedResponse WaivedRelisted (2)IFP court-proceedings criminal-procedure cross-examination evidence evidence-ruling jury-selection public-trial sixth-amendment Whether the Sixth Amendment's public trial guarantee extends to proceedings after a jury has been seated in which the court rules on challenged eviden…
22-7671 Eduardo Catarino Palacios v. Texas Texas Denied Response RequestedRelisted (2)IFP brady-violation chain-of-custody due-process habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct texas-criminal-procedure Was the prosecutor allowed to override the habeas court's findings of fact and conclusions of law?
22-7904 Andrew Ryan Demont v. United States Eighth Circuit Denied IFP appellate-review armed-career-criminal circuit-split controlled-substance criminal-law drug-convictions federal-guidelines federal-sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation Whether prior drug convictions inclusive of decontrolled substances can be used for federal sentencing enhancements
23-100 Jeffrey L. Clemens v. Michael J. O'Hara First Circuit Denied appellate-review civil-rights disorderly-conduct due-process false-testimony heck-bar iqbal-plausibility malicious-prosecution Whether the appellate court erred in upholding the dismissal of a malicious-prosecution claim despite allegations of false testimony and improper dism…
23-102 Marvin Carrera v. Rhonda K. Forsberg Ninth Circuit Denied civil-procedure civil-rights civil-rights-violations constitutional-due-process constitutional-violations eleventh-amendment federal-court-jurisdiction judicial-immunity rooker-feldman-doctrine standing state-federal-court Can a Judge use the Rooker-Feldman doctrine to divert the State Federal Court from looking in to violation of civil and Constitutional violations?
23-104 Granville S. Watson v. Connecticut, et al. Second Circuit Denied 18-usc-242 civil-rights constitutional-rights criminal-procedure discretionary-function-exception federal-tort-claims-act fraudulent-concealment sovereign-immunity wrongful-incarceration When is it appropriate to seek compensation for wrongful incarceration?
23-105 Joe Thorpe v. Township of Salisbury, Pennsylvania, et al. Third Circuit Denied Response Waived absolute-immunity civil-rights due-process eleventh-amendment fourteenth-amendment harris-v-harvey immunity judicial-immunity prosecutorial-immunity Did the Eastern District of Pennsylvania and the Third Circuit Court of Appeals violate the rule announced in Harris v. Harvey, 605 F.2d 330 (7th Cir.…
23-11 Gary Victor Dubin v. United States District Court for the District of Hawaii Ninth Circuit Denied Response WaivedRelisted (2) abuse-of-discretion americans-with-disabilities-act appellate-procedure claims-processing-rule due-process equal-protection judicial-discretion temporary-disability Whether the dismissal of timely filed appeals for failure to file opening briefs, a claims processing rule, without verifying the factual circumstance…
23-110 Anisha Ituah, by Her Guardian Angela McKay v. Austin State Hospital, et al. Fifth Circuit Denied Response Waived americans-with-disabilities-act deliberate-indifference disparate-treatment due-process intellectual-disability intervention-rights involuntary-commitment notice-requirements prop-207 property-taking rehabilitation-act sexual-assault sexual-assault 23-1109" summary-judgment Whether the State's taking of common HOA lands vio Whether an intellectually disabled woman who complained of rape and sexual assault while involuntarily committed to a State Hospital, but was disbelie…
23-113 Michael G. Pohl v. United States Federal Circuit Denied Response Waived 10-usc-1552 28-usc-1491 administrative-appeal administrative-procedure jurisdictional-challenge military-law military-records standard-of-review statutory-interpretation tucker-act What is the proper standard of review for an appeal to correct a military record under 10 U.S.C. § 1552 or 28 U.S.C. § 1491?
23-118 Ashton R. O'Dwyer, Jr. v. Ron Carter, et al. Fifth Circuit Denied civil-rights due-process fifth-amendment first-amendment free-speech judicial-misconduct judicial-recusal recusal sanctions standing Whether the failure of Federal District Judge Carl J. Barbier to recuse himself prior to his summary dismissal of an underlying civil diversity action…
23-12 John Kowal v. Ferndale Area School District, et al. Third Circuit Denied age-discrimination but-for-causation employee-benefits equal-cost-or-equal-benefit equal-protection medicare-eligibility older-workers-benefit-protection-act takings-clause Whether the prerequisite in Ferndale's 'Sick Leave Incentive' violates the ADEA and OWBPA
23-127 Leonard Cooperman v. Social Security Administration Federal Circuit Denied Response Waived administrative-law civil-rights constitutional-interpretation disciplinary-proceedings due-process free-speech public-sector-employment vagueness vagueness-doctrine Is the 'conduct unbecoming' standard unconstitutionally vague and violative of due-process in a case involving free-speech concerns?
23-129 Eddie Tardy v. Corrections Corporation of America, nka CoreCivic, et al. Sixth Circuit Denied Amici (2)Response Waived civil-procedure court-records first-amendment intervention judicial-records judicial-standing public-access sealed-documents standing transparency transparency-rights Whether an intervenor's interest in transparency is sufficient to confer standing to seek access to sealed or protected judicial records
23-132 Cynthia L. Pollick v. Anthony P. Trozzolillo Pennsylvania Denied Response Waived attorney-fees civil-procedure civil-rights debtors-prison due-process equal-protection imprisonment statutory-interpretation Whether imprisoning a citizen for a divorce judgment of attorney fees violated 28 U.S.C. § 2007(a) since a citizen cannot be imprisoned for a money ju…
23-136 Baldwin Maynard Brown v. Merrick B. Garland, Attorney General Eleventh Circuit Denied Response Waived None
23-137 Yvonne Crews v. Denis R. McDonough, Secretary of Veterans Affairs Federal Circuit Denied Response Waived administrative-law appellate-procedure clear-error congressional-intent effective-date federal-circuit statutory-interpretation substitution substitution-of-claimant veterans-benefits When Congress enacted 38 U.S.C. § 5121A to authorize for the substitution of a deceased claimant, was its intent clear that a substituted appellant co…
23-143 Minnesota Automobile Dealers Association v. Minnesota Pollution Control Agency Minnesota Denied Response Waived california-standards california-waiver clean-air-act environmental-law federal-preemption maintenance-plans national-ambient-air-quality-standards nonattainment-areas state-regulation vehicle-emission-standards vehicle-emissions Whether Minnesota qualifies to adopt California's vehicle emission standards under the Clean Air Act
23-144 Anthony Marciano v. Eric Adams, Mayor of the City of New York, et al. Second Circuit Denied Response Waived civil-rights due-process emergency-use-authorization informed-consent municipal-vaccine-mandate quarantine quarantine-law state-law state-preemption vaccination Whether the Mayor of the City of New York, through his appointed police and health commissioners, acts without legislative authority by mandating muni…
23-145 Aleksandra Shklyar v. Carboline Company Eighth Circuit Denied Response Waived abuse-of-discretion ada-pleadings americans-with-disabilities-act civil-procedure civil-rights court-discretion disability-discrimination due-process judicial-bias retaliation standing Did the Court abuse its discretion in dismissing the amended complaint for disability-discrimination,retaliation
23-149 Sabine River Authority, Louisiana v. Perry Bonin, et al. Fifth Circuit Denied Response Waived 11th-amendment civil-law civil-procedure civil-rights due-process eleventh-amendment federal-court louisiana-civil-law sovereign-immunity state-agency subject-matter-jurisdiction Whether Louisiana's conditional waiver of sovereign immunity to allow suits against it to proceed only in Louisiana courts deprives federal courts of …
23-162 Christian Winchel v. United States Fifth Circuit Denied Response Waived civil-procedure contemporaneous-evidence due-process habeas-corpus ineffective-assistance judicial-procedure plea-bargain plea-bargaining postconviction-review section-2255 standard-of-review Whether the Fifth Circuit Court of Appeals has departed from the accepted and usual course of postconviction proceedings under 28 U.S.C. § 2255
23-172 Cynthia L. Pollick v. Anthony P. Trozzolillo Pennsylvania Denied Response Waived civil-procedure civil-rights due-process first-amendment fourteenth-amendment free-speech judicial-record-sealing judicial-records judicial-transparency speech-restraint standing Whether the complete sealing of a judicial record violates the First and Fourteenth Amendments
23-18 Dana Marie Bernhardt, Personally and as the Administratrix of the Estate of Jeremy Wise, et al. v. HSBC Holdings PLC, et al. District of Columbia Denied aiding-and-abetting anti-terrorism-act banking-services financial-system international-terrorism justice-against-sponsors-of-terrorism-act personal-jurisdiction terrorism-financing Whether a foreign defendant who knowingly, willfully, and illegally moved or permitted billions of dollars to be moved through the U.S. financial syst…
23-180 Juan Laborin-Ledes v. Merrick B. Garland, Attorney General Ninth Circuit Denied Response Waived None
23-188 Robert Dayon Dumas v. United States Eleventh Circuit Denied Response Waived credibility fifth-amendment fourth-amendment miranda-rights probable-cause search-and-seizure vehicle-search warrantless-search Did the district court err in finding no Fourth or Fifth Amendment violation based upon the court's credibility determination on Deputy Denbo?
23-206 Jerry Lynn Burns v. Iowa Iowa Denied Response Waived civil-rights criminal-procedure dna-collection fourth-amendment privacy-rights probable-cause search-and-seizure warrantless-search Does the State's warrantless search of a person's unavoidably shed DNA violate the Fourth Amendment where the individual has never been arrested or co…
23-214 Juannelious Benjamin Murray, Sr. v. Safir Law P.L.C. Sixth Circuit Denied Response Waived 11-usc-362k1 attorney-fees automatic-stay bankruptcy-court bankruptcy-estate chapter-13 core-proceedings jurisdiction legal-services property-of-estate segal-v-rochelle Is it sound discretion for a bankruptcy court to disregard nearly sixty years of Supreme Court jurisprudence regarding what comprises property of a ba…
23-228 Paule McKenna v. Sony Pictures Entertainment, Inc., et al. California Denied Response Waived advertising brand-logos celebrity-persona celebrity-rights commercial-speech commercial-use lanham-act motion-picture trademark-infringement Does the Lanham Act prohibit the unauthorized use of a celebrity's persona in advertising third party brands with logos in a commercial motion picture…
23-230 Personalized Media Communication, LLC v. Apple Inc. Federal Circuit Denied Response Waived docket-management due-process equitable-doctrine patent patent-infringement patent-office patent-prosecution patent-validity prosecution-laches statutory-deadlines Whether prosecution laches can be based on an applicant's prosecution of a patent application in compliance with the PTO's docket-management decisions
23-30 Argent Trust Company, et al. v. Robert Harrison Tenth Circuit Denied Response RequestedResponse WaivedRelisted (2) arbitration circuit-split civil-procedure class-action erisa federal-arbitration-act federal-law individual-arbitration statutory-claims statutory-interpretation Whether ERISA-claims can be compelled to individual-arbitration
23-5039 Thomas E. Creech v. Tim Richardson, Warden Ninth Circuit Denied Amici (1)IFP capital-sentencing death-row eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel psychopathy sixth-amendment Whether evidence of or reference to psychopathy should be treated as potentially mitigating or as categorically aggravating in capital sentencings
23-5222 Mustafa Ali v. Jeffrey Minehart, Judge, et al. Pennsylvania Denied IFP abuse-of-discretion constitutional-provisions due-process habeas-corpus pcra-petition post-conviction-relief sentencing-discretion state-court-procedure statutory-interpretation statutory-maximum void-for-vagueness Whether the PCRA Court abused its discretion in failing to convert Petitioner's State Habeas Petition into a PCRA Petition?
23-5234 Cheryl Kristy Jenkins v. Mark Joseph Tengowski Pennsylvania Denied IFP child-custody civil-procedure constitutional-rights due-process judicial-immunity judicial-misconduct protective-orders recusal standing Is it a violation of the Constitution for a judge to evaluate their own judge recusal and if they do should the case be vacated?
23-5250 Jaleel Bertrand Franklin v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit Denied IFP certificate-of-appealability counsel-statements due-process jurist-standard legal-deference logical-fallacy presumption-of-correctness racial-composition racial-makeup-of-venire state-created-barrier venire-panel Whether counsel's statements are entitled to 'double deference' or a presumption of correctness when such are premised entirely upon a logical fallacy…
23-5251 Mark Edwin Guida v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit Denied IFP 4th-amendment 5th-amendment cell-phone-evidence criminal-procedure exclusionary-rule fourth-amendment illegal-search probable-cause search-and-seizure suppression-of-evidence warrant-requirement Was evidence presented at a trial for murder subject to the exclusionary rule, where said evidence was the result of an illegal search of the defendan…
23-5253 Youssef Hoballah v. Virginia Virginia Denied IFP appeal-procedure constitutional-rights criminal-procedure double-jeopardy due-process evidence plea-bargaining sentencing sixth-amendment structural-error trial-procedure Whether the defendant's plea agreement was invalid, and the defendant's conviction should be vacated, due to the defendant being incarcerated on an un…
23-5255 Robert L. Swinton, Jr. v. Livingston County, New York, et al. Second Circuit Denied IFP 8th-amendment access-to-courts actual-injury civil-rights deliberate-indifference due-process medical-neglect monell-claim monell-policy prisoner-rights Is this the correct evaluation of the evidence for deliberate indifference and would the Monell policy standard be eroded by the evaluation of this ca…
23-5269 Noble Christo El, aka Christopher Nathan Jones v. William Todd Miller, et al. Third Circuit Denied IFP cause-of-action civil-procedure civil-rights due-process federalism jurisdiction legal-standing pleading-standards standing subject-matter-jurisdiction takings Whether the sovereignty vested in the people under the U.S. Constitution has been usurped by the states
23-5271 Eric Villarreal v. California California Denied IFP abuse-of-discretion court-of-appeals criminal-conviction criminal-procedure disability due-process ineffective-assistance-of-counsel judicial-standard legal-review mental-health psychological-disorder right-to-counsel Did the trial courts abuse its discretion by denying VeSendant and Repellant repeated request for new counsel
23-5278 Earl Monroe Belcher v. Brian Williams, Warden Ninth Circuit Denied IFP chain-of-custody constitutional-rights district-court dna-evidence due-process federal-law habeas-corpus hearsay ineffective-assistance reasonable-doubt unreasonable-application Whether the District Court's decision was an unreasonable application of clearly established federal law
23-5279 Robert Annabel, II v. Joseph Novak, et al. Sixth Circuit Denied Response WaivedIFP civil-rights constitutional-claim due-process free-speech in-forma-pauperis judicial-procedure lawsuit-dismissal prisoner-rights retaliation standing Should truthful prisoner complaints be protected conduct?
23-5282 Clarence Leonard Hearns, Jr. v. Andrew Whisnand, et al. Ninth Circuit Denied IFP absolute-immunity access-to-courts civil-procedure civil-rights criminal-conspiracy due-process first-amendment standing state-attorney-general Whether a state deputy attorney general has absolute immunity from suit for initiating criminal conspiracy?
23-5286 Frederick Dwight Green v. Aimee Smith, Warden, et al. Eleventh Circuit Denied Response WaivedIFP administrative-procedure cell-phones civil-rights constitutional-rights due-process gang-violence legal-materials prison-access prison-conditions prisoner-rights standing Does this Court consider widespread staff shortages in Georgia prisons that have led to prisoners being severely attacked by 'affiliated gang offender…
23-5289 Willie Seth Crain, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit Denied IFP appellate-review constitutional-rights criminal-procedure due-process evidence-sufficiency fourteenth-amendment ineffective-assistance pleadings sixth-amendment sufficiency-of-evidence Is it a violation of the Fourteenth Amendment right to Due Process to allow a conviction to stand where some of the elements of the crime were not est…
23-5293 Alonzo G. Davison v. Rick Whitten, Warden Tenth Circuit Denied IFP appeals civil-procedure judgments motions sentences statutory-interpretation Whether Petitioner's Appeal OF The Denial OF The Motion Te Alter Of Amend Fudgment And Sentences Was 'Proper ly Filed' As Required By Section aatd (da…
23-5294 Micky Don Wade v. Texas Texas Denied IFP criminal-procedure cronic-standard due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard Whether a state court may evaluate a Cronic claim under the more burdensome standard of Strickland
23-5297 Tidiane Kone v. James Milburn, Superintendent, Spring Creek Correctional Center Ninth Circuit Denied IFP civil-rights due-process exhaustion-requirement habeas-corpus ineffective-assistance-of-counsel state-remedies Question not identified
23-5300 Sandro Ramos v. Chris Rankins Tenth Circuit Denied IFP 14th-amendment 6th-amendment brady-violation civil-procedure civil-rights constitutional-law due-process free-speech ineffective-assistance jury-misconduct standing Whether the lower court erred in its interpretation of the First Amendment's free speech protections
23-5301 Mack A. West, Jr. v. F. Ulloa, et al. Ninth Circuit Denied IFP civil-procedure civil-rights constitutional-law due-process equal-protection judicial-review legal-procedure standing statutory-interpretation supreme-court Did the federal courts of appeals err in rejecting petitioner's claims of due process and equal protection violations?
23-5306 Kenneth Ray Holbert, Sr. v. Texas Texas Denied IFP abuse-of-discretion constitutional-right direct-appeal ineffective-assistance legal-burden state-court state-court-procedure strickland-standard strickland-test summary-reversal two-pronged Where a Strickland claim is appropriately raised on direct appeal, may a state court add to the two-pronged Strickland test a burden of showing the tr…
23-5307 Curt Daniel Crowder v. Texas Texas Denied IFP appellate-process appellate-review constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance remedy right-to-counsel right-to-present-witnesses trial-procedure trial-process When a citizen is deprived of the right to present witnesses in his defense, and effective assistance of counsel, in both the trial and appellate proc…
23-5315 Jesse Dean Redfearn v. Oklahoma Oklahoma Denied IFP 42-usc-1983 civil-rights compulsory-process confrontation-clause criminal-procedure due-process sixth-amendment witness-obstruction Did the trial court and/or the prosecution violate the Sixth Amendment confrontation-clause and clearly-established-law by concealing the location of …
23-5316 Aaron J. Bressi v. Tracy McCloud, et al. Third Circuit Dismissed IFP abuse-of-discretion civil-procedure court-dismissal due-process failure-to-state-a-claim judicial-discretion legal-procedure pro-se-litigation public-interest standing How does this Complaint get dismissed by Both the Honorable District Court, and the Honorable Appeals Court, Sor Failure To State a Claim
23-5318 Aaron J. Bressi v. John Gembic, et al. Third Circuit Dismissed Response WaivedIFP abuse-of-discretion case-dismissal civil-procedure complaint-dismissal court-procedure due-process failure-to-state-claim judicial-discretion jurisdiction legal-review public-interest standing How does this Complaint get dismissed by Both the Honorable District Court, and the Honorable Appeals Court, Sor failure To State a Claim
23-5323 Don Collins v. Rob Jeffreys, et al. Seventh Circuit Denied IFP access-to-courts appellate-review civil-rights court-dismissal document-access due-process evidence evidentiary-hearing foia foia-request institutional-bias procedural-fairness Whether the lower court erred in dismissing the case after granting leave to serve defendants, and in failing to address issues related to access to e…
23-5325 Charles D. Adams v. Merit Systems Protection Board Federal Circuit Dismissed Response WaivedIFP agency-collusion civil-rights collusion-between-an-mda-ses-and-dia-is-wrong-and- constitutional-violations due-process employer-discrimination equal-justice-under-the-law evidence-withholding sixth-amendment standing Whether CAFC made an error in their decision to dismiss CAFC 2023-1212
23-5328 Charles D. Adams v. Merit Systems Protection Board Federal Circuit Dismissed Response WaivedIFP civil-rights conflict-of-interest discrimination due-process evidence-withholding retaliation security-clearance sixth-amendment-rights standing Whether CAFC made an error in their decision to dismiss CAFC 2023-1213
23-5329 Charles D. Adams v. Merit Systems Protection Board Federal Circuit Dismissed Response WaivedIFP access-to-records adverse-action civil-rights discrimination discrimination-complaint due-process equal-employment-opportunity evidence-withholding retaliation sixth-amendment wrongful-termination Whether CAFC made an error in their decision to dismiss CAFC 2023-1213
23-5330 Charles D. Adams v. Merit Systems Protection Board Federal Circuit Dismissed Response WaivedIFP administrative-procedure civil-rights conflict-of-interest discrimination due-process employment-discrimination evidence-withholding impartiality judicial-recusal retaliation sixth-amendment-rights Whether CAFC made an error in their decision to dismiss CAFC 2023-1213 (DC. 3443-22-0386-I-1)
23-5336 Maurice Walker v. Nicholas Lamb, Warden Eighth Circuit Denied IFP constitutional-rights due-process felony-murder ineffective-assistance ineffective-counsel jury-instructions prosecutorial-misconduct reasonable-doubt Did the trial court err in applying the felony murder rule and submitting an incomplete jury verdict that violated the defendant's due process rights?
23-5343 Scott Lindsay Halfhill v. Washington Washington Denied IFP alternative-suspect circumstantial-evidence criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-doubt sixth-amendment Should this Court grant Certiorari when Halfhill was convicted of killing a man with intent upon nothing more than being one of many people in the vic…
23-5350 Daniel Chris Ramsey v. California California Denied Response WaivedIFP civil-rights competency constitutional-provisions criminal-procedure due-process equal-protection jurisdiction legal-procedure mental-health writ Whether the Constitution is violated when a petitioner with mental health issues is denied a competency hearing before facing trial
23-5357 Carlos Edwin Smith, Jr. v. United States Fourth Circuit Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a adult-sentencing adverse-childhood-experiences criminal-procedure criminal-sentencing district-court judicial-discretion mitigation-factors relevancy sentencing-guidelines Whether a district court fully considers the factors set forth in 18 U.S.C. § 3553(a) when sentencing a defendant if it questions the relevancy of adv…
23-5359 James Thomas Burke v. Nick Deml, Commissioner, Vermont Department of Corrections, et al. Second Circuit Denied Response WaivedIFP conflict-of-interest constitutional-rights criminal-procedure defense-counsel due-process effective-assistance effective-assistance-of-counsel right-to-counsel sixth-amendment Whether Americans are lawfully entitled to conflict free defense counsel?
23-5360 Gregory Lynn McCoy v. United States Eighth Circuit Denied Response WaivedIFP 2nd-amendment constitutional-interpretation felon-in-possession firearm-regulation historical-tradition individual-rights lifetime-ban second-amendment statutory-interpretation Whether the felon-in-possession of a firearm statute, which did not exist in 1791, and which applies to all felonies and provides for a life-time ban,…
23-5365 Marcus Roosevelt Taylor v. United States Fourth Circuit Denied Response WaivedIFP asset-forfeiture civil-rights constitutional-rights criminal-procedure drug-proceeds drug-trafficking due-process mandatory-victim-restitution-act restitution restitution-order Whether the $228,304 restitution order infringes upon Marcus Taylor's constitutional rights
23-5368 Larry Scott Reynolds v. Brian Eller, Warden Sixth Circuit Denied Response WaivedIFP appellate-procedure certificate-of-appealability civil-rights due-process federal-courts habeas-corpus judicial-review procedural-default sixth-circuit Whether the United States Court of Appeals for the Sixth Circuit erred in denying petitioner a COA?
23-5377 Anthony Seides Gaines v. United States Ninth Circuit Denied Response WaivedIFP 18-usc-1951 18-usc-924c categorical-approach crime-of-violence elements-clause hobbs-act physical-force statutory-interpretation Whether Hobbs Act robbery is a crime of violence under 18 U.S.C. § 924(c)(8)(A)
23-5378 Frank J. Capozzi v. United States Third Circuit Denied Response WaivedIFP constitutional-violation fourth-amendment franks-hearing fraud-on-court fraud-on-the-court miscarriage-of-justice probable-cause search-warrant Was the State search warrant obtained based on fraudulent, deceptive, misleading, and omitted statements
23-5379 Everett Charles Wills, II v. Louisiana Louisiana Denied Response WaivedIFP actus-reus counsel-concession criminal-defendant-rights criminal-procedure ineffective-assistance-of-counsel mens-rea retroactivity right-to-counsel sixth-amendment trial-strategy When guilt is the sole issue for the jury to decide, is it permissible for counsel to unilaterally concede the essential elements (actus reus and mens…
23-5382 Julie A. Graham v. Denis R. McDonough, Secretary of Veterans Affairs Third Circuit Denied Response WaivedIFP administrative-procedure civil-rights constitutional-law constitutional-rights criminal-charges due-process employee-suspension employment employment-law hearing-requirements Whether an employer's indefinite suspension of an employee without a pre-suspension hearing violates the employee's due process rights
23-5384 Wayne Lee Johnson v. United States Eleventh Circuit Denied Response WaivedIFP appellate-procedure appellate-review attorney-withdrawal civil-procedure court-discretion due-process judicial-process legal-petition merits-review procedural-issue supreme-court writ-of-certiorari Whether the lower court should have allowed counsel to withdraw from petitioner's appeal, knowing the petitioner had issues of merit for an appeal on …
23-5389 Wilfredo Rodriguez v. United States Eleventh Circuit Denied Response WaivedIFP appellate-review circuit-split colorable-claim criminal-procedure district-court-discretion due-process federal-criminal-procedure judicial-discretion judicial-response sentencing sentencing-argument Where a federal criminal defendant raises a colorable sentencing argument, must the district court acknowledge and respond to it?
23-5390 Neeraj Chopra v. United States Eighth Circuit Denied Response WaivedIFP constructive-amendment criminal-procedure due-process essential-elements indictment indictment-modification jury-instruction jury-instructions sexual-assault sexual-contact statutory-interpretation Whether a jury instruction constructively amends an indictment by modifying the essential elements of the offense charged
23-5391 Walter Raul Maguina v. United States Fifth Circuit Denied Response WaivedIFP appeal appellate-review criminal-procedure district-court due-process evidence extrinsic-evidence harmless-error judicial-procedure prejudice prejudicial-evidence remand Whether a district court's failure to address the prejudicial nature of extrinsic evidence requires remand
23-5392 Angelo Joseph Fernandez v. United States Ninth Circuit Denied Response WaivedIFP crime-of-violence criminal-law domestic-violence mens-rea prior-conviction recklessness sentencing sentencing-guidelines statutory-interpretation supreme-court Does the petitioner's prior conviction for corporal injury to a spouse or cohabitant under California Penal Code § 273.5(a) qualify as a crime of viol…
23-5396 Antoine Clark v. United States Third Circuit Denied Response WaivedIFP criminal-procedure exigent-circumstances fourth-amendment law-enforcement probable-cause title-iii wiretap wiretap-law Whether law enforcement's self-created exigent circumstances justify a Title III wiretap?
23-5398 Charles Michael Ledford v. United States Fourth Circuit Denied Response WaivedIFP 5th-amendment amendment constitutional-rights district-court-review due-process federal-procedure federal-rule-of-civil-procedure-15 habeas-corpus ineffective-assistance post-conviction-relief Whether district courts violate fundamental principles of due process under the Fifth Amendment by denying a § 2255 movant's request to amend their pl…
23-5401 Rayshawn J. Christmas v. Unknown Wedd, et al. Fifth Circuit Denied Response WaivedIFP civil-procedure civil-rights due-process evidentiary-hearing federal-jurisdiction judicial-procedure magistrate-judge pro-se pro-se-litigation section-1983 standing Why did the court deny Mr. Christmas at least one chance to amend, if it is possible to fix what court thank is wrong with Mr. Christmas's complaint
23-5403 Luis Alfredo Moreira Bravo v. United States Eighth Circuit Denied Response WaivedIFP criminal-intent criminal-law due-process federal-statute federal-transportation-of-a-minor interstate-transportation mens-rea minor-age sexual-offense statutory-interpretation statutory-rape Whether an individual may be convicted under 18 U.S.C. § 2423(a) for transportation of a minor, without regard to whether the defendant knew of the in…
23-5405 David Petersen v. United States Eleventh Circuit Denied Response WaivedIFP abuse-of-discretion constitutional-rights court-errors due-process fourteenth-amendment integrity-of-judicial-process judicial-discretion judicial-process material-errors securities-fraud Is it a violation of due process when any court makes no effort to address or remedy material abuses of discretion and material errors on the record?
23-5407 Corey A. Askew v. Paul Bailey, Sheriff, Berrien County, Michigan Sixth Circuit Denied Response WaivedIFP but no text was provided for analysis. Without th but no text was provided for me to analyze. Witho I cannot generate a meaningful question presented I cannot generate the question presented or ident indigenous-rights international-law self-determination supremacy-clause treaty-obligations united-nations Are the self-determination clauses in the United Nations treaties and customary rules of international law to which the United States are a party bind…
23-5409 Peter Fratus v. United States Third Circuit Denied Response WaivedIFP evidence-admissibility kars4kids prejudicial-effect probative-value rep-waters third-circuit Whether the Third Circuit properly weighed the probative value with the prejudicial effect when admitting the messages to Kars4Kids and Rep. Waters to…
23-5412 Keith Allen Shrum v. United States Eighth Circuit Denied Response WaivedIFP civil-rights due-process electronic-evidence evidence exigent-circumstances fourth-amendment fruit-of-the-poisonous-tree probable-cause search-and-seizure warrant warrant-specificity warrantless-search Whether the exigent circumstances exception saves a warrantless seizure of a defendant's phone
23-5419 Seth Williams v. United States Third Circuit Denied Response WaivedIFP career-offender constitutional-challenge criminal-procedure due-process jurisdiction jurisdictional-authority mandatory-minimum rehaif-doctrine sentencing sentencing-modification Does the District Court have authority to change a sentence after 12 years?
23-5424 Caesar V. Vaca v. United States Eighth Circuit Denied Response WaivedIFP appellate-review civil-rights-restoration constitutional-challenge criminal-procedure due-process federal-firearms-law felony-possession habeas-corpus ineffective-assistance ineffective-assistance-of-counsel restoration-of-civil-rights second-amendment Whether reasonable jurist could debate that trial and appellate counsel failed to invoke 18 U.S.C. §921(a)(20)
23-5425 Marlon Abraham Rosasen v. Thea Marie Rosasen Ninth Circuit Denied Response WaivedIFP constitutional-rights due-process emotional-abuse ex-parte-order habitual-residence hague-convention international-child-abduction parental-rights return-remedy Whether the order to vacate trial ex-parte in chambers, revoking granted oral arguments and cross examination, was constitutional
23-5426 Christopher Robertson v. United States Fourth Circuit Denied Response WaivedIFP attempted-robbery constitutional-law criminal-conviction criminal-law federal-criminal-procedure hobbs-act jury-instructions misstatement-of-law residual-clause sentencing statutory-interpretation supreme-court Whether a defendant can be convicted of a 924(c) offense if the defendant was convicted of attempted Hobbs Act robbery
23-5428 Hector Gastelum Valenzuela v. United States Fifth Circuit Denied Response WaivedIFP 4th-amendment exigent-circumstances fourth-amendment law-enforcement motel-room motel-search probable-cause protective-sweep search-and-seizure warrantless-search Whether the mere presence of a person in a motel room—that officers believe contains drugs and a gun—creates exigent circumstances sufficient to justi…
23-5430 Demitri Brown, aka Timothy D. Brown v. United States Fifth Circuit Denied Response WaivedIFP antitrust civil-rights constitutional-law due-process judicial-review jurisdiction legal-precedent stare-decisis vertical-restraints Does the Bb Circuit Court of Appeals abuse its discretion when it refuses to honor the Supreme Court's Conception ruling overruling its Leegin decisio…
23-5432 Kyle Vaughn v. United States Fifth Circuit Denied Response WaivedIFP appellate-review criminal-procedure judicial-presumption presumption-of-reasonableness reasonableness-standard rita-precedent rita-v-united-states sentencing sentencing-guidelines substantive-reasonableness Whether the Court should clarify how a defendant who challenges the substantive reasonableness of a within-Guidelines sentence may rebut an appellate …
23-5433 Kingsley Azubuike Ononuju v. Virginia Housing Development Authority, et al. Fourth Circuit Denied Response WaivedIFP 42-usc-1983 agency-regulation constitutional-rights fourth-circuit improper-eviction rule-12b6 rule-60(b)(4) rule-60b4 section-1983 tila tila-claim void-judgment Did the Fourth Circuit err in affirming the district court's rulings
23-5434 Lamar Victor Moncrieffe v. United States Eleventh Circuit Denied Response WaivedIFP acquitted-conduct double-jeopardy fifth-amendment jury-determination jury-trial sentencing-enhancement sixth-amendment Whether a district court violates a defendant's Fifth Amendment and Sixth Amendment rights by basing a substantial four-level sentencing enhancement o…
23-5435 Marques Webb v. United States Fifth Circuit Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-default waiver Whether the Fifth Circuit erred by dismissing Mr. Webb's appeal based on the waiver of appeal provisions in his Plea Agreement
23-5437 Adedayo Hakeem Sanusi v. United States Fifth Circuit Denied Response WaivedIFP circuit-split due-process fundamental-fairness sentencing-guidelines sophisticated-means substantive-reasonableness upward-variance Whether the Appellant is deprived of Due Process
23-5439 Steven Huffman v. United States Eighth Circuit Denied Response WaivedIFP armed-career-criminal-act borden-v-united-states circuit-conflict circuit-split force-clause marks-rule marks-v-united-states mental-state reckless-assault violent-felony Whether knowing conduct not intentionally designed to harm a targeted person satisfies the force clause definition of violent felony in 924(e)(2)(B)(1…
23-5440 Roman Andreyevich Glukhoy v. California California Denied Response WaivedIFP appellate-review chapman-standard chapman-v-california criminal-procedure harmless-error jury-instructions legal-theory prejudice prejudicial-error standard-of-review When a defendant is convicted after a trial court instructs a jury on two theories of guilt, one of which is legally correct and one legally incorrect…
23-5445 William Bazemore v. United States Second Circuit Denied Response WaivedIFP abuse-of-discretion crime-of-violence criminal-procedure district-court factual-findings guilty-plea section-1591 sex-trafficking voluntariness withdrawal Whether the district court abused its discretion when it denied defendant's motion to withdraw his guilty plea and failed to make factual findings nec…
23-5449 Antonio Rojas v. United States Fifth Circuit Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
23-5450 Hermenegildo Garcia-Gutierrez v. United States Fifth Circuit Denied Response WaivedIFP case-law constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
23-5451 Raul Omar Rios-Hernandez v. United States Fifth Circuit Denied Response WaivedIFP constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process fifth-circuit-appeal judicial-precedent jury-trial precedent-overruling sentencing statutory-interpretation supreme-court-review Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
23-5453 Pedro Ramirez-Urbina v. United States Fifth Circuit Denied Response WaivedIFP 5th-amendment 6th-amendment alien-smuggling burden-of-proof causation causation-standard criminal-procedure due-process fifth-amendment sentence-enhancement sixth-amendment Whether the Fifth or Sixth Amendments prohibit conduct for which Ramirez was acquitted from being used to enhance his sentence for alien-smuggling
23-5456 John E. Gilcrease v. Louisiana Louisiana Denied Response WaivedIFP appeal appellate-review consecutive-sentence constitutional-rights due-process judicial-vindictiveness north-carolina-v-pearce plea-bargaining remand sentencing-modification Were John Gilcrease's due process rights violated when the court imposed a more onerous, consecutive sentence after his original sentence was vacated …
23-5461 Joshua David Giddings v. Austin Knudsen, et al. Ninth Circuit Denied Response WaivedIFP civil-procedure civil-rights equal-protection first-amendment free-speech standing Whether the lower court erred in dismissing petitioner's claims alleging violations of the First Amendment and the Equal Protection Clause
23-5462 Victor Manuel Solorzano v. United States Fifth Circuit Denied Response WaivedIFP circuit-split first-step-act intervening-law mandate-rule resentencing sentencing sentencing-package Does Section 403 of the First Step Act apply to post-Act resentencing hearings?
23-5466 Toddell Alexander v. United States Sixth Circuit Denied Response WaivedIFP civil-rights constitutional-rights criminal-law cruel-and-unusual-punishment due-process eighth-amendment non-physical-harm prisoner-treatment sentencing statutory-interpretation supreme-court Whether Ohio's Domestic Violence Statute is categorically a violent felony in light of Samuel Johnson v. United States, 135 S.Ct. 2551 (2015)
23-5467 Anthony Andrews v. R. Ramos, Warden Fourth Circuit Dismissed Response WaivedIFP civil-procedure civil-rights constitutional-provisions due-process jurisdiction legal-procedure standing statutory-provisions supreme-court writ Question not identified
23-5469 Peonte Shamar Spencer v. United States Fourth Circuit Denied Response WaivedIFP appellate-review civil-procedure civil-rights constitutional-law constitutional-provisions criminal-sentencing due-process fourth-circuit hobbs-act standing statutory-interpretation violent-conduct Question not identified
23-5473 Arnez J. Salazar v. United States Seventh Circuit Denied Response WaivedIFP arizona-v-gant closed-container fourth-amendment law-enforcement probable-cause reaching-distance search-incident-to-arrest secured-arrestee vehicle-search warrantless-search Whether the Fourth Amendment permits a warrantless search incident to arrest when the arrestee is secured and not within reaching distance of a closed…
23-5475 Elmer Wayne Zahn v. United States Eighth Circuit Denied Response WaivedIFP color-of-authority exclusionary-rule fourth-amendment gross-negligence police-misconduct probable-cause reckless-disregard warrant-database warrant-system Does police misconduct in maintaining an inaccurate warrant database violate the Fourth Amendment?
23-5477 James Thomas Butler, II v. United States Eleventh Circuit Denied Response WaivedIFP consent consent-search digital-evidence due-process forensic-extraction fourth-amendment law-enforcement-procedure search-and-seizure smartphone smartphone-privacy Does consent to 'take a look' at a smartphone extend to a full forensic extraction?
23-5478 Bradley Monical v. Jeremy M. Nofziger, et al. Ninth Circuit Denied Response WaivedIFP civil-procedure constitutional-provisions due-process foundational-facts standing statutory-provisions Whether the lower court erred in its application of the relevant constitutional and statutory provisions governing the case
23-5483 Dontavious Blake v. United States Eleventh Circuit Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence-prejudice ineffective-assistance-of-counsel judicial-bias plea-bargaining prejudice sentencing The Appellate Court erred in denying relief for IOC concerning the advice that petitioner would receive a life sentence after either a guilty plea or …
23-5484 Dion Ray Wheeler v. United States Fifth Circuit Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
23-5486 Gilberto Gonzalez-Gonzalez v. United States Eleventh Circuit Denied Response WaivedIFP burden-shifting carella-v-california criminal-trial due-process francis-v-franklin joint-possession jury-instructions legal-precedent mandatory-presumptions Whether jury instructions on joint possession violated due process
23-5487 Jose Humberto Hernandez-Mendez v. United States Fifth Circuit Denied Response WaivedIFP alleyne-rule almendarez-torres appellate-procedure apprendi-rule constitutional-interpretation criminal-law criminal-procedure due-process judicial-review precedent-analysis sentencing supreme-court-review Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap…
23-5488 Dywane Tousant v. United States Ninth Circuit Denied Response WaivedIFP certificate-of-appealability constitutional-right constitutional-rights due-process habeas-corpus judicial-review motion-denial ninth-circuit standard-of-review substantial-showing Whether the Ninth Circuit Erred in Denying Tousant's Motion for Certificate of Appealability
23-5490 Franklin Paul Eller, Jr. v. United States Ninth Circuit Denied Response WaivedIFP circuit-split exclusionary-rule fourth-amendment fourth-amendment-violation probable-cause search-warrant severance-doctrine warrant-overbreadth Is severance of any overbroad warrant a permissible exception to the exclusionary rule
23-5497 Malik Woods v. District Attorney of Philadelphia, Pennsylvania, et al. Third Circuit Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability civil-procedure constitutional-rights due-process habeas-corpus procedural-review standing supreme-court-precedent third-circuit-court Did the Third Circuit Court of Appeals run contrary to clearly established Supreme Court precedent
23-5499 Manuel De Jesus Del Cid Bran v. United States Fourth Circuit Denied Response WaivedIFP 18-usc-3583 abuse-of-discretion criminal-procedure criminal-sentencing deportation discretionary-sentencing sentencing-commission supervised-release Does a district court abuse its discretion under 18 U.S.C. § 3583 by imposing a term of supervised release on a deportable noncitizen purely in order …
23-5503 Roman Alvarado, Jr. v. United States Fifth Circuit Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
23-5504 Jabriel Fitzgerald Lakes v. United States Fourth Circuit Denied Response WaivedIFP classification criminal-procedure due-process federal-rules-criminal-procedure incarceration-classification judicial-error presentence-report recidivism right-to-appeal sentencing sentencing-procedure Did the District Court commit error that substantively violated Lakes' right when it failed to include the disputes of the objection to the PSR which …
23-5506 Alisbey Santillon Gata v. United States Eleventh Circuit Denied Response WaivedIFP commerce-clause constitutional-law constitutional-powers criminal-law criminal-offense interstate-commerce jurisdictional-element statutory-interpretation Whether a jurisdictional element satisfied by a de minimis connection to interstate commerce is sufficient to bring a purely local, non-economic crimi…
23-5507 Carlos Green v. United States Fourth Circuit Denied Response WaivedIFP civil-procedure evidentiary-hearing fourth-amendment leasehold-transfer motion-to-suppress privacy-interest probable-cause real-estate search-and-seizure Whether the Trial Court Erred and Violated Petitioner's Fourth Amendment Rights
23-5509 Vincent D. White, Jr. v. Michael Phillips, Warden Sixth Circuit Denied Response WaivedIFP adverse-effect concurrent-conflict conflict-of-interest constitutional-rights criminal-defense criminal-procedure due-process habeas-corpus hearsay-evidence ineffective-assistance 23-5508" mickens-standard post-conviction-relief sixth-amendment state-court trial-counsel Whether a state court's denial of post-conviction Whether a criminal-defense attorney, under indictment on charges of rape, kidnapping, and sexual assault, has a conflict of interest when simultaneous…
23-5511 Jay F. Elhage v. United States Second Circuit Denied Response WaivedIFP commerce-clause congressional-power constitutional-interpretation criminal-jurisdiction criminal-law due-process enumerated-powers federal-prosecution federalism legislative-authority state-prosecution Whether Congress has authority to criminally punish under the Commerce Clause
23-5512 Robinson Mendoza-Gomez v. United States Fifth Circuit Denied Response WaivedIFP criminal-law criminal-procedure double-counting due-process enhancement-application federal-sentencing governmental-officer obstruction-of-justice sentencing-guidelines Whether the guidelines' enhancement for obstruction of justice requires some conduct above and beyond the conduct comprising the offense of conviction
23-5515 Carmen Saldana Meyer v. United States Fifth Circuit Denied Response WaivedIFP criminal-procedure extraterritorial-jurisdiction federal-kidnapping-act foreign-commerce jurisdictional-basis jury-instructions kidnapping united-states unlawful-act Whether the Federal Kidnapping Act authorizes a conviction where the foreign commerce jurisdictional basis was the defendant's travel in foreign comme…
23-5517 Kamar Laquan Cox v. United States Sixth Circuit Denied Response WaivedIFP acquittal 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 …
23-5518 Willie J. Gamble v. United States Second Circuit Denied Response WaivedIFP civil-procedure civil-rights due-process free-speech standing takings Question not identified
23-5519 Octavio Cortez Fierros v. United States Eighth Circuit Denied Response WaivedIFP administrative-law child-pornography civil-procedure constitutional-law criminal-procedure due-process first-amendment judicial-review legal-precedent sexual-exploitation standing statutory-interpretation Whether the petitioner's convictions for possession of child pornography and sexual exploitation of children violate the First Amendment and the Due P…
23-5522 Javier Guerra v. United States Fifth Circuit Denied Response WaivedIFP certificate-of-appealability criminal-procedure drug-quantities fifth-circuit ineffective-assistance ineffective-assistance-of-counsel sentence-enhancement sentencing-enhancement strickland-standard strickland-v-washington Was the defense counsel ineffective according to the Strickland v. Washington 466 U.S. 668 (1984) precedent when failing to alert Guerra about potenti…
23-5523 Cedrick L. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction habeas-corpus judicial-oath judicial-review newly-discovered-evidence post-conviction-relief standing state-constitution Whether a Florida court judge has the right to not comply with federal laws and the Florida constitution when it comes to a loyalty oath
23-5524 Michael Jones, Jason Reed, and Shaun Myers v. United States Seventh Circuit Denied Response WaivedIFP burden-of-proof daubert daubert-standard dual-role-testimony due-process evidence expert-witness fifth-amendment standard-of-review Whether the Seventh Circuit applied the wrong standard of review and erroneously shifted the burden of proof by failing to review the Daubert error de…
23-5526 Adelfo Rodriguez-Mendez v. United States Third Circuit Denied Response WaivedIFP alleyne-standard constitutional-violation criminal-procedure drug-attribution evidence fifth-amendment fourteenth-amendment fourth-amendment post-conviction-sentencing sentencing sixth-amendment Whether attributing drugs post-conviction in an amount greater than what is charged in an indictment and greater than what the jury found is in violat…
23-5531 Shawn Andrew Crabtree v. Oregon Board of Parole and Post-Prison Supervision Oregon Denied Response WaivedIFP due-process ex-post-facto oregon-board-of-parole parole retroactive-laws sentencing Is the Ex Post Facto Clause violated when prison officials take away a determinate release date and exchange it with an indeterminate release date bas…
23-5535 Michael Rocky Lane v. United States Ninth Circuit Denied Response WaivedIFP brady-claim brady-rule circuit-split clear-and-convincing-evidence criminal-procedure due-process evidence-standard federal-jurisdiction federal-law habeas-corpus statutory-interpretation Whether the circuit courts have decided an important question of federal law that should be definitively settled by this court?
23-5537 Euphrates Earl Bean v. Virginia Virginia Denied Response WaivedIFP appellate-procedure civil-rights constitutional-interpretation contract-rights contracts due-process equal-rights judicial-review standing takings vested-rights Was there an 'obligation of contracts' inferred?
23-5539 Trezjuan Thompson v. United States First Circuit Denied Response WaivedIFP appellate-review circuit-court-of-appeals circuit-split criminal-procedure criminal-sentencing deficient-performance ineffective-assistance new-rule-doctrine new-rule-of-law sentencing-counsel supreme-court-precedents How far afield from prior criminal sentencing cases does a doctrinal opinion from a regional circuit court of appeals have to go before it qualifies a…
23-5540 Michael Rinaldi v. United States Third Circuit Denied Response WaivedIFP 6th-amendment acquitted-conduct criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial ratio-decidendi sentencing sixth-amendment Whether the use of acquitted conduct sentencing violates the Due Process Clause and the Sixth Amendment right to a jury trial
23-5544 Juan L. Leonor v. Nebraska Nebraska Dismissed Response WaivedIFP constitutional-rule due-process federal-law judicial-legislation procedural-rule retroactive-review retroactivity substantive-decision substantive-rule supremacy-clause Whether the Federal Constitution prohibits a state court from denying consideration of a federal claim brought after petitioner's convictions became f…
23-5547 Timothy James Hahn v. Florida Florida Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment sentencing Whether a sentence of life imprisonment without the possibility of parole on a defendant who was under the age of twenty-five at the time of the offen…
23-5550 Joseph Jones v. United States Eleventh Circuit Denied Response WaivedIFP appeal-waiver circuit-court civil-procedure contractual-law due-process plea-agreement sentence-appeal-waiver sentencing standing Whether the Appellant's rights were violated when the Eleventh Circuit Court of Appeals enforced a sentence appeal waiver in a plea agreement that was…
23-5554 Cameron L. Hickman v. United States Fifth Circuit Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process jury-instructions prosecutorial-burden reasonable-doubt sexual-assault standard-of-review sufficiency-of-evidence Whether the prosecution presented sufficient evidence at trial to establish the elements of the alleged crime
23-5555 Alfredo Garcia-Aleman v. United States Fifth Circuit Denied Response WaivedIFP Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
23-5560 Anthony Ravon Ruffin v. United States Fourth Circuit Denied Response WaivedIFP appellate-procedure civil-procedure civil-rights constitutional-rights due-process federal-courts jones-v-hendrix judicial-review ninth-circuit rehab-act standing Whether the Fourth Circuit Court of Appeals violated the Fifteenth Amendment
23-5561 In Re Reginald L. Shumpert Denied IFP civil-rights constitutional-rights due-process habeas-corpus judicial-review suspension-clause Whether the unavailability of habeas corpus relief and other forms of judicial review violates the Suspension Clause and Due Process Clause of the U.S…
23-5569 Francisco Gutierrez v. United States Ninth Circuit Denied Response WaivedIFP appeal appellate-procedure criminal-procedure de-novo-resentencing de-novo-review judicial-discretion law-of-case law-of-the-case open-record resentencing sentencing Does law of the case apply to an appeal from a de novo resentencing on an open record?
23-5573 Lashun Tracy Tinnen v. United States Fourth Circuit Denied Response WaivedIFP constitutional-rights criminal-procedure defense-counsel habeas-corpus ineffective-assistance legal-precedent performance-evaluation right-to-counsel sixth-amendment strickland-standard strickland-test Was the defense counsel ineffective under Strickland v. Washington?
23-5574 Ramone L. Wright v. United States Sixth Circuit Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel judicial-process notice-requirement self-representation sixth-amendment trial-preparation Whether the trial court's denial of the defendant's right to self-representation and effective assistance of counsel constitutes a violation of the Si…
23-5578 April Paw v. United States Eighth Circuit Denied Response WaivedIFP administrative-law appellate-jurisdiction civil-rights constitutional-law due-process equal-protection judicial-review jurisdiction legal-procedure standing statutory-interpretation Whether the lower court erred in dismissing the petitioner's claims
23-5583 Fernando Lopez v. United States Fifth Circuit Denied Response WaivedIFP crime-of-violence double-counting felon-in-possession fifth-amendment preponderance-of-the-evidence preponderance-standard relevant-conduct sentencing sixth-amendment Whether alleged possession of a different gun 17 months after Mr. Lopez's charged felon-in-possession offense constituted relevant-conduct
23-5586 Nestor Leon v. United States Eleventh Circuit Denied Response WaivedIFP appellate-review brady-violation circuit-court civil-procedure court-procedure document-submission due-process evidentiary-hearing legal-dismissal petition-process standing subpoena-duces-tecum Did the Eleventh Circuit clerk err in dismissing the petitioner's case after the petitioner provided all requested documents?
23-5587 Daniel Carrington v. United States Fourth Circuit Denied Response WaivedIFP burden-of-proof causation controlled-substance controlled-substances criminal-law death-causation due-process proximate-cause reasonable-doubt statutory-interpretation Whether the Court's decision in United States v. Burrage created a bright line rule on proof of proximate cause
23-5590 In Re Jamar L. Williams Denied IFP actual-innocence administrative-law civil-rights constitutional-interpretation due-process evidentiary-hearing federal-procedure ineffective-assistance-of-counsel judicial-review newly-discovered-evidence post-conviction-proceedings Whether the petitioner's due process rights were violated when the state court denied his request for an evidentiary hearing to present newly discover…
23-76 Palani Karupaiyan v. Infosys BPM, et al. Third Circuit Denied appeal appellate-review civil-rights due-process extraordinary-review judicial-procedure mandamus mandamus-relief pro-se-complaint standing sua-sponte-dismissal whether-the-district-court-erred-in-sua-sponte-dismissing-the-complaint-before-requiring-the-defendants-to-answer
23-77 Palani Karupaiyan v. Tata Consultancy Services, et al. Third Circuit Denied appeal appellate-review civil-rights due-process extraordinary-review jurisdictional-error mandamus mandamus-relief pro-se-complaint standing sua-sponte-dismissal Whether the district court erred in sua sponte dismissing the pro se civil-rights complaint before requiring the defendants to answer, and whether the…
23-78 Palani Karupaiyan v. Arnaud Vaissie, et al. Third Circuit Denied Response Waived appellate-review civil-procedure claim-preclusion dismissal-on-the-merits judgment-on-merits mandamus mandamus-relief moses-h-cone-memorial-hospital-v-mercury-construct pleading-deficiencies preclusion procedural-dismissal semtek-v-lockheed Whether the lower courts erred in dismissing the petitioner's claims on preclusive grounds despite the dismissal being based on pleading deficiencies …
23-79 Palani Karupaiyan v. Lee Solomon, et al. Third Circuit Denied 14th-amendment civil-procedure due-process national-importance parental-rights property-rights section-1982 takings writ-of-mandamus Whether the Supreme Court should grant certiorari to address the issues of national importance, property-rights, parental-rights, due-process, takings…
23-83 Martine Bernard v. Christopher Hodyl Colorado Denied 14th-amendment contract-coercion court-ordered court-ordered-visitation due-process fourteenth-amendment freedom-of-contract procedural-due-process state-court visiting-supervisor Whether a state court's denial of the freedom of contract violates the 14th Amendment
23-85 James Giehl v. Bank of America Florida Denied 18-U.S.C.-Sec.-242 4th-amendment civil-case civil-rights color-of-law foreclosure-process fourth-amendment judicial-misconduct void-decision void-decisions Do Florida Judges have the ability to depart from a person's 4th-Amendment-Rights and violate the 'color-of-law-18-U.S.C.-Sec.-242 code to avoid corre…
23-86 Christopher Bayre Chamberlin v. Hartog, Baer & Hand, APC, et al. Ninth Circuit Denied Response Waived access-to-courts appellate-review attorney-malpractice civil-rights conflict-of-interest due-process legal-ethics legal-malpractice pro-se-litigation Whether HBH's concealment of its family relationship with the adverse party violated the petitioner's constitutional rights to freely associate and ma…
23-87 Cody A. Craig v. Emma R. Solorzano Maine Denied civil-rights constitutional-law due-process first-amendment free-exercise judicial-discretion parental-rights religious-freedom Does a court decision limiting parental rights based on disapproval of a parent's religious views violate the Free Exercise Clause?
23-92 James Edwin Hoganson v. Colorado Colorado Denied aggravating-circumstances apprendi-v-new-jersey blakely-v-washington constitutional-rights criminal-sentencing due-process jury-determination jury-trial reasonable-doubt sixth-amendment Whether the Sixth Amendment requires the existence of 'extraordinary aggravating circumstances' to be submitted to the jury and found beyond a reasona…
23-96 Fulton County, Pennsylvania, et al. v. Secretary of the Commonwealth of Pennsylvania, et al. Pennsylvania Denied Response Waived article-i-section-4 constitutional-authority contempt-sanction county-boards-of-elections dominion-voting dominion-voting-systems election-board election-law election-procedures pennsylvania-general-assembly pennsylvania-supreme-court voting-rights Did the Pennsylvania Supreme Court err in holding Petitioners, County Board of Elections, in contempt for conducting an inspection of voting machines …
23-99 Wendy B. Adelson v. Ocwen Loan Servicing, LLC, nka PHH Mortgage Corporation, et al. Sixth Circuit Denied bankruptcy-stay civil-procedure due-process foreclosure foreclosure-sale mortgage-acceleration mortgage-lender post-acceleration-charges procedural-exception sheriff-sale time-bar Whether post-acceleration charges and fraudulent foreclosure sale adjournment notices constitute irregularities to invalidate the sheriff's deed
23A139 Siddhanth Sharma v. Damon Circosta, Chair, North Carolina State Board of Elections, et al. Fourth Circuit Presumed Complete ballot-access elections-clause felon-disqualification first-amendment fourteenth-amendment political-party-affiliation Whether state ballot access requirements—including voter registration, political party affiliation for a specified period, and felon disqualification—…
23A152 Michael Lajeunesse v. Kris Karberg, Warden Eighth Circuit Presumed Complete fourteenth-amendment physician-patient-privilege prosecutorial-misconduct right-to-counsel sixth-amendment waiver-of-privilege Whether a state prosecutor may compel a defendant to waive physician-patient privilege without adequate constitutional safeguards protecting the defen…
23A16 Thomas Stalcup v. Department of Defense First Circuit Presumed Complete None
23A197 Roger Bradford v. United States Eighth Circuit Presumed Complete None Question not identified.
23A210 Mark Bochra v. Department of Education, et al. Seventh Circuit Presumed Complete None Question not identified.
23A230 Nadine Gazzola, et al. v. Kathleen Hochul, Governor of New York, et al. Second Circuit Presumed Complete None Question not identified.
23M25 Robert Brumfield v. Christina McComas West Virginia Presumed Complete None
23M26 Tara McCluskey El v. Celebrity Cruises, Inc. Eleventh Circuit Presumed Complete None