5th-circuit

21 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-7503 Bradley J. Harris v. United States Fifth Circuit 2025-06-26 Denied Response WaivedIFP 5th-circuit amendment-821 judicial-discretion procedural-error sentence-reduction sentencing-guidelines Whether the Fifth Circuit erred in affirming the district court's denial of a sentence reduction under Amendment 821 despite procedural errors and all…
23-6742 Alexander D. Pennington v. United States Fifth Circuit 2024-02-14 Denied Response WaivedIFP 5th-amendment 5th-amendment-rights 5th-circuit criminal-investigation criminal-procedure custody fifth-amendment interrogation miranda-rights search-warrant Is a suspect in a criminal investigation 'in custody' when he is ordered out of his residence by armed agents who broke down his door to execute a sea…
22-6063 Naomi Michelle Gutierrez v. United States Fifth Circuit 2022-11-16 Denied Response WaivedIFP 5th-circuit criminal-procedure drug-offense due-process fifth-circuit firearm-enhancement presumption sentencing-guidelines tools-of-the-trade Whether the Fifth Circuit's practice of applying a tools-of-the-trade presumption to the firearm enhancement of sentencing guidelines §2D1.1(b)(1) vio…
22-370 Percy Utley v. City of Houston, Texas, et al. Fifth Circuit 2022-10-19 Denied Response Waived 5th-circuit burden-of-proof civil-procedure civil-rights due-process fifth-circuit judicial-review pleading-standard probable-cause Whether the Fifth Circuit has so far departed from the accepted and usual application of the pleading standard as to require this Court's correction
21-1595 Terrance Carvell Guinn v. United States Fifth Circuit 2022-06-28 Denied Response Waived 5th-circuit all-writs-act civil-procedure constitutional-conflict judicial-proceedings supervisory-power supreme-court-review writ-of-audita-querela writ-of-relief-from-judgment Whether the US Appeals Court for the 5th Circuit affirmed decision has departed from the usual judicial proceedings in denying Mr. Guinn's writs
21-7032 Adrian Hunt v. United States Fifth Circuit 2022-02-01 Denied Response WaivedIFP 2d1.1(b)(1) 5th-circuit criminal-procedure due-process fifth-circuit firearm-enhancement sentencing-guidelines tools-of-the-trade tools-of-the-trade-presumption Whether the Fifth Circuit's practice of applying a tools-of-the-trade presumption to the firearm enhancement of sentencing guidelines §2D1.1(b)(1) vio…
21-6045 Melissa Richardson v. United States Fifth Circuit 2021-10-25 Denied Response WaivedIFP 5th-circuit appellate-review criminal-procedure due-process evidence-sufficiency involuntary-confession judicial-error miranda-rights motion-to-suppress right-to-counsel Whether the 5th Circuit erred in denying Richardson's motion to suppress
21-5725 Sergio Amaya-Martinez v. United States Fifth Circuit 2021-09-20 Denied Response WaivedIFP 28-u.s.c.s.-991(b) 5th-circuit circuit-court-interpretation criminal-procedure criminal-sentencing role-adjustment sentencing-fairness sentencing-guidelines statutory-interpretation u.s.s.g.-3b1.2 Whether the 5th Circuit Court has qualified the minor and minimal role adjustment commentary under U.S.S.G. §3B1.2 such that the sentences in consider…
20-7667 Troy Kendrick, Jr. v. United States Fifth Circuit 2021-04-06 Denied IFP 5th-circuit falsified-evidence franks-standard franks-v-delaware judicial-review law-enforcement-misconduct probable-cause sentencing-guidelines wiretap wiretap-evidence When a law enforcement agent falsifies and misrepresents wiretap evidence to establish probable cause for a second wiretap, can a reviewing court rely…
20-6568 Francisco Javier Gonzalez v. United States Fifth Circuit 2020-12-08 Denied Response WaivedIFP 5th-circuit court-of-appeals criminal-procedure due-process legal-review procedural-question remand standard-of-review supreme-court united-states-v-penn Whether this Court should remand to the court below in light of United States v. Penn
20-581 United States, ex rel. Integra Med Analytics, L.L.C. v. Baylor Scott & White Health, et al. Fifth Circuit 2020-11-02 Denied Response Waived 3rd-circuit 5th-circuit alternative-explanation alternative-explanations false-claims-act federal-procedure pleading-standards relator statistical-analysis Whether a relator may use statistical analyses to plausibly allege the submission of false claims under the False Claims Act
19-8017 Maria Mercedes Cancino, et al. v. Cameron County, Texas, et al. Fifth Circuit 2020-03-18 Denied Response WaivedIFP 5th-circuit civil-rights constitutional-rights district-court due-process legal-error state-created-danger Whether the District Court and the 5th Circuit erred, as a matter of law, in failing to find that Appellants have a constitutional right to be free fr…
19-6987 Darrell Wayne Bell v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-12-18 Denied IFP 5th-circuit actual-innocence certificate-of-appealability circuit-court-conflict habeas habeas-corpus judicial-precedent merits-analysis newly-discovered-evidence shulp-v-delo Did the 5th Circuit Court of Appeals exceed the limited scope of the Certificate of Appealability (COA) standard using a merits analysis to deny Petit…
19-5824 William Alan Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-04 Denied IFP 5th-circuit appellate-review certificate-of-appealability deadly-weapon due-process habeas-corpus habeas-relief habeas-relief-review ineffective-assistance-of-counsel procedural-default Did the U.S. Court of Appeals for the Fifth Circuit err in its denial of a certificate of appealability to review the U.S. District Court's denial of …
19-231 Wes Perkins v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-08-21 Denied 5th-amendment 5th-circuit actual-innocence certificate-of-appealability civil-procedure civil-rights due-process electronic-filing fifth-circuit habeas habeas-corpus judicial-procedure parties-to-proceeding pro-se-petition standing state-respondent Was DAVIS improperly included?
19-5045 Donald Lee Hathorn v. United States Fifth Circuit 2019-07-03 Denied Response WaivedIFP 4th-amendment 5th-amendment 5th-circuit appellate-review criminal-procedure due-process electronic-devices fourth-amendment search-and-seizure supervised-release warrantless-search Whether the United States Court of Appeals for the Fifth Circuit erred by affirming the district court's requirement for Mr. Hathorn to submit his com…
18-8736 Juan Espinoza, et al. v. San Benito Consolidated Independent School District Fifth Circuit 2019-04-09 Denied IFP 5th-circuit civil-procedure due-process fair-labor-standards-act genuine-dispute-of-material-fact inferences-in-favor-of-non-moving-party standard-of-review summary-judgment trial-court wage-violations Whether the 5th Circuit erred in affirming the trial court's grant of summary judgment on FLSA-wage-and-hour-violations
18-1180 New Vision Home Health Care, Inc., et al. v. Anthem, Inc., et al. Sixth Circuit 2019-03-12 Denied Response Waived 5th-circuit 6th-circuit administrative-law circuit-split collateral-claims due-process federal-jurisdiction mandamus-relief medicare-administrative-law-judge medicare-appeals-process medicare-contractors medicare-jurisdiction subject-matter-jurisdiction tort-claims Whether federal courts have jurisdiction to enforce a Medicare Administrative Law Judge's order
18-8272 Juliette Fairley v. Don Ford, et al. Fifth Circuit 2019-03-05 Denied IFP 14th-amendment 5th-circuit civil-procedure civil-rights disgorgement district-court diversity-jurisdiction due-process federal-courts standing statutory-interpretation subject-matter-jurisdiction Did the 5th Circuit Court of Appeals violate the 14th Amendment when it upheld Petitioner Juliette's dismissal which was based on the District Court's…
18-6446 Juliette Fairley v. PM Management - San Antonio AL Fifth Circuit 2018-10-26 Denied IFP 5th-circuit ada americans-with-disabilities-act associational-standing civil-rights civil-rights-statute diversity-jurisdiction public-accommodation rule-19 standing Did the 5th Circuit err in finding that Appellant Juliette Fairley failed to state a cause of action under 42 U.S.C. § 2000a, or 42 U.S.C § 12182, whe…
18-5716 Richard Blake Ray v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-23 Denied IFP 5th-circuit buck-v-davis certificate-of-appealability civil-rights due-process effective-assistance-of-counsel fifth-circuit habeas-corpus reasonable-legal-argument supreme-court-law Whether the district court and 5th circuit court of appeals erred in denying Ray a certificate of appealability