ABUSE-OF-DISCRETION

540 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6786 Cornell Clisby v. United States Sixth Circuit 2026-02-11 Pending IFP abuse-of-discretion circuit-court extraordinary-reasons federal-sentencing rehabilitation-factors sentence-reduction Whether the Sixth Circuit and district court abused their discretion in denying a reduced federal sentence based on extraordinary and compelling reaso…
25-6726 William Lewis Reece v. Oklahoma Oklahoma 2026-02-05 Pending IFP abuse-of-discretion appellate-review coerced-confession constitutional-claims de-novo-review harmless-error Whether Oklahoma's application of the abuse of discretion standard violates Payne v. Arkansas, Chapman v. California, and Arizona v. Fulminante requir…
25-6505 Kenneth Christopher Pointer, aka Keith Johnson v. United States Sixth Circuit 2026-01-07 Pending Response WaivedIFP abuse-of-discretion constitutional-rights district-court evidentiary-hearing ineffective-assistance sixth-amendment Whether the district court abused its discretion by failing to conduct a prompt Evidentiary Hearing and violating Sixth Amendment Rights through multi…
25-6284 Leonard W. Houston v. United States District Court for the Eastern District of North Carolina Fourth Circuit 2025-12-04 Denied Response WaivedIFP abuse-of-discretion civil-litigation individual-actions jurisdiction pleadings statutory-provisions Whether it constitutes an abuse of discretion to stay individual CLJA actions without requiring responsive pleadings from defendant counsel
25-616 Juston D. Beyer v. United States Armed Forces 2025-11-26 Denied Response Waived abuse-of-discretion appellate-procedure court-of-appeals discretionary-review judicial-review military-justice Did the Court of Appeals for the Armed Forces abuse its discretion by failing to grant review?
25-6211 In Re Jordan Monroe 2025-11-24 Denied Response WaivedIFP abuse-of-discretion certificate-of-appealability constitutional-rights habeas-corpus subject-matter-jurisdiction ultra-vires Whether a Court of Appeals can issue a merits decision without a Certificate of Appealability (COA) in violation of 28 U.S.C. §2253 and Supreme Court …
25-5987 Francisco Javier Ochoa-Anaya v. United States Ninth Circuit 2025-10-29 Denied Response WaivedIFP abuse-of-discretion actual-innocence ineffective-assistance procedural-default sixth-amendment supreme-court-precedent Whether the district court and Ninth Circuit abused discretion in holding an actual-innocence claim procedurally defaulted and conflicting with Suprem…
25-5871 Isaiah Stacy Alstad v. United States Eighth Circuit 2025-10-14 Denied Response WaivedIFP abuse-of-discretion appellate-review conflict-of-interest constitutional-rights ineffective-assistance summary-dismissal Whether the district court and Eighth Circuit abused their discretion by summarily dismissing claims of conflict of interest, ineffective assistance o…
25-5806 Ricky Dixon v. United States Eleventh Circuit 2025-10-06 Denied Response WaivedIFP abuse-of-discretion actual-innocence evidentiary-hearing guilty-plea ineffective-assistance sixth-amendment Whether the district court abused its discretion by failing to conduct an Evidentiary Hearing regarding pre-trial and guilty plea ineffective assistan…
25A273 Thomas Bryon Cattell v. Victoria Deeks, et al. Ninth Circuit 2025-09-09 Presumed Complete abuse-of-discretion autism continuance due-process mental-disability pro-se Whether a court abuses its discretion in denying a continuance or mistrial for a mentally disabled civil litigant without showing actual prejudice at …
25-5335 In Re Xena Ames 2025-08-13 Denied IFP abuse-of-discretion eeoc-complaint employment-discrimination ineffective-counsel mandamus writ-of-certiorari Whether the issuance of a writ of mandamus is the proper procedure to correct a clear abuse of discretion by the trial court due to ineffective counse…
25A176 James Dondero, et al. v. Stacey G. Jernigan, et al. Fifth Circuit 2025-08-12 Presumed Complete abuse-of-discretion de-novo-review judicial-bias judicial-recusal mandamus-petition standard-of-review Whether a judge's recusal decision should be reviewed under an abuse of discretion standard or de novo review when reviewing potential judicial bias
25-5311 Winston Sylvester Oliver, II v. United States Fourth Circuit 2025-08-08 Denied Response WaivedIFP abuse-of-discretion constitutional-rights de-novo-review fifth-amendment sixth-amendment witness-testimony Whether a District Court's decision allowing a witness called by a criminal defendant to refuse to testimony based on his claimed Fifth Amendment priv…
25-5216 Ricardo L. Noble v. Pennsylvania Pennsylvania 2025-07-29 Denied IFP abuse-of-discretion counsel discretion drug-addiction ineffective-assistance legal-representation Did the court abuse discretion by not addressing ineffective assistance of counsel claims against attorney Barbato and by failing to find his drug add…
25-5029 Damon D. Williams v. United States Eighth Circuit 2025-07-03 Denied Response WaivedIFP abuse-of-discretion attempted-robbery criminal-procedure fifth-amendment sentencing-guidelines sixth-amendment Whether the District Court abused its discretion in imposing maximum consecutive sentences for attempted robbery by erroneously applying Federal Sente…
24-7273 Amir Hossein Golshan v. United States Ninth Circuit 2025-05-22 Denied Response WaivedIFP abuse-of-discretion due-process guideline-variance probation-recommendation rule-32 sentencing-continuance Was the arbitrary denial of a sentencing continuance, which prevented U.S. Probation from considering Petitioner's mitigating evidence, and where U.S.…
24-6906 Reginald Mack v. United States Fourth Circuit 2025-04-01 Denied Response WaivedIFP abuse-of-discretion expert-witness jury-intelligence medical-malpractice spoliation summary-judgment Was the layman's intelligence gravely discounted in this medical malpractice case without determining the base of that common knowledge of a Virginia …
24-6743 Andre Ricardo Roach v. United States Fourth Circuit 2025-03-11 Denied Response WaivedIFP abuse-of-discretion court-of-appeals federal-custody judicial-review sentencing-procedure state-custody Whether the Court of Appeals abused its discretion by failing to consider this Court's opinion in Hughes v. United States and by removing Petitioner f…
24-878 Rachel Breaux v. Louisiana Stadium and Exposition District, et al. Louisiana 2025-02-18 Denied Response Waived abuse-of-discretion appellate-review bankruptcy-court equitable-factors fair-notice judicial-estoppel Whether application of judicial estoppel violates fundamental principles of fair notice when a petitioner's duty to report a claim to bankruptcy court…
24-6374 James Clifford Goodwin, III v. United States Ninth Circuit 2025-01-23 Denied Response WaivedIFP abuse-of-discretion congressional-intent constitutional-challenge ex-post-facto ineffective-assistance restitution Whether it is an abuse of discretion to impose a judgment that does not adhere to congressional mandates or statutes when the defendant committed an o…
24-580 Richard Cotromano, et al. v. RTX Corporation Eleventh Circuit 2024-11-26 Denied Response Waived abuse-of-discretion daubert-standard dose-reconstruction environmental-exposure expert-testimony gatekeeping-function Whether the abuse of discretion standard requires the Circuit Courts to assess whether a trial court performed its gatekeeping function adequately rat…
24-5994 David Rodriguez v. Texas Texas 2024-11-19 Denied Relisted (2)IFP abuse-of-discretion due-process fourteenth-amendment right-to-counsel right-to-present-defense sixth-amendment Did the Court of Criminal Appeals of Texas err in holding that the trial court did not abuse its discretion and violate Rodriguez's Fourteenth Amendme…
24-485 Kirk Prest v. BP Exploration & Production, Incorporated, et al. Fifth Circuit 2024-10-31 Denied Response Waived abuse-of-discretion epidemiological-evidence expert-testimony rule-702 scientific-reliability toxic-tort Whether a trial court may categorically exclude expert testimony in toxic tort cases without quantitative exposure data and whether the abuse of discr…
24-5610 Harold U. McGhee v. United States Seventh Circuit 2024-09-25 Denied Response WaivedIFP abuse-of-discretion criminal-procedure franks-motion gps-tracker sixth-amendment warrant-affidavit Whether the District Court committed procedural and substantive errors in denying the Franks Motion and related legal challenges
24-5588 Deven L. Smith v. United States Sixth Circuit 2024-09-20 Denied Response WaivedIFP abuse-of-discretion career-offender criminal-history downward-departure sentencing-factors sentencing-guidelines Did the district court abuse its discretion by not granting a downward departure under U.S.S.G. § 4A1.3 and imposing an unreasonably long sentence bas…
24-5305 In Re Babubhai Patel 2024-08-13 Denied IFP abuse-of-discretion district-court-jurisdiction habeas-corpus second-in-time-motion statutory-interpretation supreme-court-precedent Whether the Sixth Circuit abused its discretion by holding that a Second-in-Time 2255 Motion based on a new Supreme Court statutory interpretation rul…
24-5224 Michael Paul Gianfrancesco v. United States Eleventh Circuit 2024-08-05 Denied Response WaivedIFP abuse-of-discretion appellate-review court-proceedings criminal-law criminal-procedure due-process federal-sentencing jurisdiction sentencing-guidelines substantive-reasonableness Sentencing-reasonableness
24-107 Ivan To Man Pang v. Anthony Ye, Citi Realty Services, Financial Manager, et al. Second Circuit 2024-07-31 Denied abuse-of-discretion civil-procedure credibility credibility-challenge evidence-standard genuine-issues-of-material-fact material-fact nonmoving-party summary-judgment summary-judgment
24-5166 Nicholas Joseph v. United States Second Circuit 2024-07-29 Denied IFP abuse-of-discretion circuit-split criminal-procedure federal-rules-of-criminal-procedure impartial-jury newly-discovered-evidence sixth-amendment unconscious-bias voir-dire Whether a trial judge must voir dire on implicit or unconscious bias
24-5138 Gina Russomanno v. Sumitomo Pharma America, Inc., et al. Third Circuit 2024-07-25 Dismissed Relisted (2)IFP abuse-of-discretion civil-procedure curative-amendment due-process due-process-relief judicial-remedy miscarriage-of-justice pro-se-plaintiff rule-12b6-dismissal standing void-judgment Whether the district court's judgment is void due to abuse of discretion and miscarriage of justice,
24-5045 Charles N. Belssner v. Casablanca Homeowners Association, et al. Nevada 2024-07-10 Denied Response WaivedIFP abuse-of-discretion civil-procedure due-process judicial-discretion judicial-misconduct judicial-review legal-procedure nrs-enforcement standing statutory-interpretation Question not identified
24-5011 Brandon Collins v. Illinois Illinois 2024-07-03 Denied Response WaivedIFP abuse-of-discretion court-discretion due-process evidence eyewitness judicial-review legal-interpretation motion-analysis reasonable-doubt speedy-trial testimony-credibility Question not identified.
23-7819 LaShonda O'Neill v. United States Fifth Circuit 2024-06-28 Denied Response WaivedIFP abuse-of-discretion alleyne-v-united-states drug-quantities fifth-amendment harmless-error judicial-fact-finding plain-error sentencing-enhancement sixth-amendment Whether the Fifth Circuit Court of Appeals erred in its review of the District Court's fact-finding and sentencing enhancements
23-7812 Akohomen Ighedoise v. United States Eleventh Circuit 2024-06-27 Denied Response WaivedIFP 18-usc-3553(a) abuse-of-discretion due-process judicial-discretion mitigating-factors plea-agreement post-sentencing-rehabilitation prosecutorial-conduct sentencing-guidelines sentencing-guidelines-departure substantive-rights Whether a Judge Abuses his/her discretion when there is a determination that post-sentencing rehabilitative efforts are evidence of an attempt to dece…
23-7759 Israel Santiago-Lugo v. United States First Circuit 2024-06-20 Denied Response WaivedIFP abuse-of-discretion appellate-procedure court-of-appeals due-process judicial-discretion judicial-review legal-reasoning procedural-error reasoned-decision-making supreme-court-precedent May the District Court and Court of Appeals ignore the Supreme Court's decision in Concepcion v. U.S.
23-7760 Samreen Riaz v. Kaweah Health Medical Center, et al. California 2024-06-20 Denied Response WaivedIFP abuse-of-discretion appellate-review bias conflicting-issues court-procedure due-process judicial-discretion legal-error petition-for-writ-of-certiorari petition-review procedural-due-process standing Did the Supreme Court of California (S284004) err in denying the petition and application for stay on May 1, 2024, leaving unresolved conflicts of law…
23-7725 Jimmie Lee Walton v. United States Fifth Circuit 2024-06-14 Denied Response WaivedIFP abuse-of-discretion allen-charge coercion court-of-appeals criminal-procedure Did the Court of Appeals abuse it's discretion in Did the Court of Appeals abuse its discretion in a directed-verdict double-jeopardy due-process fifth-circuit habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal judicial-discretion jury-instructions mistrial motion-for-acquittal right-to-counsel sixth-amendment standard-of-review sufficiency-of-evidence Did Walton receive effective assistance of counsel?
23-7640 Devin Fischer v. North Dakota North Dakota 2024-06-05 Denied IFP abuse-of-discretion constitutional-rights criminal-procedure double-jeopardy due-process due-process-clause fair-trial guilty-plea judicial-discretion legal-standards Is a defendant denied due process when the court ignores legal standards and relies solely on their discretion?
23-1245 David Timothy Johnson, Sr. v. Urvashi Foster, et al. Eleventh Circuit 2024-05-28 Denied Response Waived abuse-of-discretion appellate-review civil-rights due-process judicial-discretion judicial-power jurisdiction pro-se-litigation procedural-defect shotgun-pleading Whether the United States Court of Appeals for the Eleventh Circuit's questioned Orders amount to an unlawful denial of due process, an oppressive exe…
23-7555 Rickey Lynch v. United States Second Circuit 2024-05-23 Denied Response WaivedIFP abuse-of-discretion appearance-of-impropriety civil-procedure due-process federal-defender judicial-ethics judicial-recusal procedural-review right-to-counsel standard-of-review Should a court of appeals review a judge's denial of a motion to recuse de novo or for an abuse of discretion?
23A1033 In Re Rosalind Holmes 2024-05-20 Presumed Complete abuse-of-discretion conflicts-of-interest extraordinary-circumstances judicial-misconduct mandamus pro-se Whether a pro se litigant can demonstrate extraordinary circumstances warranting judicial review of multiple adverse judgments involving alleged syste…
23-7507 Kenneth Allen Washington v. Deputy Rayl, et al. Seventh Circuit 2024-05-17 Denied IFP abuse-of-discretion appellate-procedure civil-procedure civil-rights constitutional-provisions court-of-appeals due-process judicial-discretion motion-to-extend ninth-circuit standing time-extension Did the United States District Court Judge Abuse his discretion in denying the Plaintiff's motions?
23-7476 Julius Jerome Walker v. Oklahoma Oklahoma 2024-05-15 Denied Relisted (2)IFP abuse-of-discretion civil-rights criminal-procedure double-jeopardy due-process fundamental-rights ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct registration-requirements Whether the District court in Muskogee county denied me my fundamental rights because of PROSECUTORIAL MISCONDUCT
23-7464 Michael Grady v. United States Eighth Circuit 2024-05-13 Denied Response WaivedIFP abuse-of-discretion circuit-split conflict-of-interest constitutional-right constitutional-rights counsel-of-choice disqualification-of-counsel eighth-circuit Whether the Eighth Circuit's decision to uphold the disqualification of Petitioner's counsel of choice deprived him of his constitutional right to rep…
23-7430 Timothy Edward Peterson v. James Salmonsen, et al. Ninth Circuit 2024-05-09 Denied Response WaivedIFP abuse-of-discretion civil-rights due-process fairness judicial-fairness plain-error procedural-integrity summary-judgment willful-blindness Whether the district court erred in granting summary judgment to the defendant based on its application of the 'willful blindness' doctrine and abuse …
23-7431 Avery Lans v. United States Eleventh Circuit 2024-05-09 Denied Response WaivedIFP 18-usc-3553 abuse-of-discretion circuit-court-review criminal-sentencing federal-sentencing gall-v-united-states procedural-reasonableness sentencing-guidelines substantive-reasonableness Did the Eleventh Circuit abused its discretion by the affirmance of Petitioner's 240-month federal sentence
23-7377 Christopher J. Barnett v. Oklahoma Oklahoma 2024-05-03 Denied IFP abuse-of-discretion civil-procedure constitutional-rights due-process judicial-bias judicial-discretion legal-procedure local-court procedural-fairness recusal standing whether-a-biased-judge-must-recuse-themselves
23-7353 Noel Vincent Thomas v. North Carolina Mutual Life Insurance Company, et al. Eleventh Circuit 2024-05-02 Denied Response WaivedIFP abuse-of-discretion civil-procedure failure-to-state-a-claim failure-to-state-claim federal-rules in-forma-pauperis motion-to-dismiss res-judicata sovereign-immunity Whether the trial court erred in dismissing the complaint
23-7309 Jessie Vasquez v. United States Ninth Circuit 2024-04-26 Denied Response WaivedIFP 18-usc-3582 3553a-factors abuse-of-discretion concepcion-v-united-states crack-cocaine criminal-sentencing discretionary-review first-step-act sentence-reduction sentencing-factors Whether the District Court abused its discretion or erred in denying Mr. Vasquez's request for a sentence reduction under 18 U.S.C. 3582(c)(1)(A) and …
23-7277 Benny Stewart v. Tom Green, Warden, et al. Ninth Circuit 2024-04-19 Denied Response WaivedIFP abuse-of-discretion civil-rights fairness judicial-fairness judicial-integrity plain-error summary-judgment willful-blindness Whether the court of appeals erred in affirming the district court's grant of summary judgment to the defendant on the plaintiff's claims of civil rig…
23-1104 In Re Robert M. Miller 2024-04-11 Denied Response Waived abuse-of-discretion bias-prejudice civil-procedure court-discretion federal-defendant judicial-bias judicial-misconduct pro-se-litigant pro-se-litigation writ-of-mandamus Whether this Court should issue a writ of mandamus to reassign cases due to judge's bias
23-1065 Robert A. Eaton v. Montana Silversmiths Ninth Circuit 2024-03-29 Denied Response Waived abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process judicial-discretion ninth-circuit pro-se-litigation standing waiver waiver-of-rights Whether the Ninth Circuit had power to waive Eaton's constitutional rights
23-7071 Joseph Kelvin Aberant v. United States Fourth Circuit 2024-03-26 Denied Response WaivedIFP abuse-of-discretion advanced-age age-consideration criminal-sentencing fourth-circuit-review incarceration medical-conditions sentencing sentencing-variance variance Whether the Fourth Circuit erred by affirming the District Court's abuse of discretion by its failure to give Mr. Aberant a variance sentence and a sh…
23A847 Richard Alan Costanzo v. United States Fourth Circuit 2024-03-19 Presumed Complete abuse-of-discretion confrontation-rights criminal-procedure federal-rule hearsay-evidence probation-revocation Whether a district court's admission of hearsay evidence in a probation revocation hearing violates a defendant's confrontation rights under Federal R…
23-6989 Lenroy McLean v. United States Second Circuit 2024-03-15 Denied Response WaivedIFP abuse-of-discretion co-defendants compassionate-release criminal-sentencing due-process equal-protection federal-procedure judicial-discretion post-conviction-relief sentencing-factors Whether the lower court properly applied the evaluation of the sect. 3553 factors among differently situated co-defendant to denied Petitioner's compa…
23-7006 Kelly Porter v. Axelon, Inc., et al. Kentucky 2024-03-15 Denied Response WaivedIFP abuse-of-discretion appellate-procedure civil-procedure civil-rights constitutional-challenge due-process fraud legal-notice standing workers-compensation Whether the Supreme Court's decision affirmed the Appellant Court is an abuse of discretion and against the rule of law
23-6970 Kathy R. Allen, et al. v. L3Harris Technologies, Inc. Fourth Circuit 2024-03-13 Denied Relisted (2)IFP abuse-of-discretion abuse-of-power civil-procedure court-appointed-attorney court-appointed-counsel due-process erisa-claim federal-procedure mediation mediation-rights rule-52-findings statute-of-limitations Whether the USDC D.E. #51-52, #55 and USDC-COA4th's Doc. #23 Orders Have Reversible Err and/or Was an Abuse of Power and an Abuse of Discretion
23-6913 Carl Thompson v. Marjorie K. Allard, Chief Judge, Court of Appeals of Alaska, et al. Ninth Circuit 2024-03-06 Denied Response WaivedIFP abuse-of-discretion circuit-court civil-procedure complaint-amendment federal-courts futile-amendment futility-standard judicial-discretion procedural-review rooker-feldman standing Was there a violation of the Rooker-Feldman doctrine?
23A819 Sidikatu Raji v. Omaha Property Manager, LLC Fourth Circuit 2024-03-05 Presumed Complete abuse-of-discretion appellate-review civil-procedure federal-jurisdiction interlocutory-appeal preliminary-injunction Whether a district court abuses its discretion in denying a motion to dissolve a preliminary injunction when reviewing the underlying factual findings…
23-6860 Keyron Lamonte Binns v. American General Life and Accident Insurance Company, AIG, et al. Ninth Circuit 2024-02-29 Denied Response WaivedIFP abuse-of-discretion amendment contract-interpretation contract-law diversity-jurisdiction extrinsic-evidence judicial-discretion jurisdictional-standing stare-decisis Did the U.S. Eastern District Court err in using extrinsic evidence to deny the plaintiff's complaint with prejudice despite no ambiguity in the insur…
23-6810 Larry D. Mosley v. Phillip A. White, Warden Fourth Circuit 2024-02-23 Denied IFP Abuse-of-Discretion Equal-Protection Fourteenth-Amendment habeas-corpus ineffective-assistance Police-Misconduct Prosecutorial-Misconduct Sixth-Amendment trial-court-discretion Ineffective-Assistance-of-Counsel
23-6818 Romeo Kevante Pride v. United States Fourth Circuit 2024-02-23 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing due-process eighth-amendment sentencing-guidelines Whether the Fourth Circuit Court of Appeals erred by denying Mr. Pride's argument that the District Court committed reversible error by imposing a 110…
23-6726 Brenda Dawson Battle v. Attorney Creel, et al. Fourth Circuit 2024-02-12 Denied Response WaivedIFP abuse-of-discretion affidavit-irregularities civil-procedure civil-rights due-process eviction-dispute housing-discrimination judicial-misconduct legal-procedure rent-issues standing Why did the judge deny my request for extension and close my case without proper notification?
23-848 Wen Lian Patience v. Shannon Jackson, et al. Fifth Circuit 2024-02-07 Denied abuse-of-discretion appellate-review civil-rights constitutional-rights due-process eleventh-amendment-immunity judicial-misconduct pleading-requirements prosecutorial-misconduct section-1983-claim Did the Fifth Circuit and district court exhibit negligence, violate their discretion, and permit judicial misconduct?
23-6634 Andres Colon-Miranda v. United States First Circuit 2024-01-31 Denied Response WaivedIFP abuse-of-discretion appellate-review due-process litigation-strategy package-doctrine sentencing-guidelines summary-dismissal ussg-3d1.2 Appropriate-standard-of-review
23-6566 In Re Brandon Trammel 2024-01-25 Denied IFP 28-usc-2244 9th-circuit abuse-of-discretion constitutional-rights criteria federal-habeas federal-writ habeas-corpus newly-discovered-evidence prima-facie-showing successive-petition Did Petitioner, Brandon Robert Trammel meet the criteria to request to file a second or successive federal writ of habeas corpus?
23-6466 Edgar Lerma Flores, aka Carlos Alberto Penuelas Rodriguez, aka Carlos Alberto Pencelas Rodriguez v. United States Sixth Circuit 2024-01-11 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion extraordinary-compelling-reason extraordinary-reason guideline-ranges methamphetamine-disparity methamphetamine-purity sentencing-guidelines sentencing-reduction sixth-circuit Whether the disparity in Guideline ranges for offenses involving pure methamphetamine and those involving a mixture of methamphetamine can be consider…
23-6422 Raymond J. Kraynak v. United States Third Circuit 2024-01-05 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process fair-and-just-reason guilty-plea judicial-review plea-bargaining plea-withdrawal sentencing trial-court-discretion withdrawal-of-plea Whether Petitioner has sufficiently shown a fair and just reason for requesting withdrawal of his guilty plea such that the trial court shall grant hi…
23-6392 Phillip Watkins v. United States Sixth Circuit 2023-12-28 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment Whether the Sixth Circuit abused its discretion by affirming the district court's failure to conduct an Evidentiary Hearing regarding the fact his Gui…
23-6374 Vonell Davis, Jr. v. Wayne Hill, et al. Fourth Circuit 2023-12-27 Denied Response WaivedIFP abuse-of-discretion cause-of-action civil-procedure civil-rights district-court due-process health-risks inmate-rights motion-to-amend standing Did the district court err when it denied the original complaint without a hearing, and concluding appellant had no cause of action?
23-692 Zachariah Minix v. Kentucky Kentucky 2023-12-27 Denied Response Waived abuse-of-discretion criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment parole-eligibility plea-agreement plea-withdrawal Were the Petitioner's federal due-process rights violated when the Adair County Circuit Court denied the Petitioner's request to withdraw his plea of …
23-6339 Juan Guzman, aka Juan Villarreal-Guzman, aka Juan Guzman-Villareal, aka Victor Nava, aka Francisco Lara, aka Francisco Lara-Paramo, aka Ayala Ramoro, aka Carlos Solorio, aka Daniel Solorio, aka Flaco v. United States Eighth Circuit 2023-12-22 Denied Response WaivedIFP abuse-of-discretion assault-with-a-firearm criminal-procedure district-court district-court-discretion evidence-admission firearm-possession prior-allegation prior-bad-acts sixth-circuit Does a District Court prejudicially abuse its discretion in a firearm-possession case when it receives evidence about a prior, unrelated allegation of…
23A547 Eric Lavell Minter v. United States Sixth Circuit 2023-12-14 Presumed Complete abuse-of-discretion criminal-procedure fact-finding jury-trial sentencing-enhancement sixth-amendment Whether a district court's fact-finding at sentencing that lacks explicit reasoning for selecting among competing inferences violates a defendant's Si…
23-6168 Samreen Riaz v. Superior Court of California, Tulare County, et al. California 2023-12-06 Denied IFP abuse-of-discretion civil-rights court-procedure due-process judicial-bias judicial-disqualification judicial-misconduct petition-for-review public-trust recusal standing Did the Supreme Court of California deny petition of review, leaving an unresolved conflict and matter of public importance?
23-6107 Joseph G. Cua v. Roberto A. Arias, Acting Warden Ninth Circuit 2023-11-27 Denied Response WaivedIFP abuse-of-discretion aedpa aedpa-limitations discovery due-process habeas-corpus ineffective-assistance procedural-error rule-60-motion time-limitations Whether exceptions to the AEDPA one-year time limitations rendered the district court's 2015 dismissal for untimeliness of Cua's habeas petition and d…
23-5995 Jake Messer v. United States Sixth Circuit 2023-11-13 Denied Response WaivedIFP abuse-of-discretion character-testimony commerce-clause federal-kidnapping-statute guidelines-calculation interstate-commerce noneconomic-violent-crime procedural-reasonableness sentencing sentencing-guidelines Whether the Sixth Circuit's interpretation of the Federal Kidnapping statute, 18 U.S.C. § 1201(a)(), as applied to Petitioner, exceeded Congressional …
23-5983 Eric Spencer v. United States Second Circuit 2023-11-09 Denied Response WaivedIFP abuse-of-discretion appellate-review court-procedure de-novo-review district-court evidence evidence-rules hearsay hearsay-evidence judicial-discretion standard-of-review Should the Court of Appeals apply an abuse of discretion standard or engage in de novo review when reviewing a district court's ruling to admit hearsa…
23-5915 Keith Alexander v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2023-10-31 Denied IFP abuse-of-discretion appellate-review appointment-of-counsel civil-rights constitutional-rights district-court due-process evidence habeas-corpus judicial-discretion procedural-error standard-of-review Whether the district court abused its discretion when it refused to appoint counsel for the appellant and denied the appellant due process and the rig…
23-5892 Shane Woodgeard v. Timothy Heavlin, et al. Ohio 2023-10-26 Denied IFP abuse-of-discretion bond-setting case-consolidation change-of-venue civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process judicial-discretion judicial-recusal venue-change Did a lower Court violate Rights in issuing an unheard of, $100,000 bond on a misdemeanor, when there was overwhelming evidence showing there was no c…
23A374 Gina Russomanno v. Sunovion Pharmaceuticals Inc., et al. Third Circuit 2023-10-25 Presumed Complete abuse-of-discretion adequate-remedy curative-remedy judicial-discretion rule-12b6 void-judgment Whether a district court's Rule 12(b)(6) dismissal without providing a curative remedy constitutes an abuse of judicial discretion that renders the ju…
23-5848 In Re Naser A. Abdallah 2023-10-20 Denied Response WaivedIFP 14th-amendment abuse-of-discretion administrative-law appellate-review civil-rights district-court due-process equal-protection fifth-circuit identity-theft standing writ-of-prohibition Whether the Fifth Circuit Court of Appeals erred in its interpretation and application of the Fourteenth Amendment's Due Process Clause
23-394 Thurayyah Z. Richardson v. The Procter and Gamble Company, et al. New York 2023-10-13 Denied abuse-of-discretion appellate-review civil-procedure constitutional-rights due-process fifth-amendment fourteenth-amendment judicial-discretion material-facts summary-judgment Where a trial court resolving summary judgment denies due process
23A298 Yehoram Uziel v. Superior Court of California, Los Angeles County, et al. Ninth Circuit 2023-10-05 Presumed Complete abuse-of-discretion due-process equal-protection-clause federal-rules-of-civil-procedure judicial-discrimination self-represented-litigant Whether the Ninth Circuit violated the Equal Protection Clause of the Fifth and Fourteenth Amendments and abused its discretion under 28 U.S.C. § 455 …
23-331 James Doe v. Gladys Pisani, et al. Second Circuit 2023-09-29 Denied abuse-of-discretion disputed-facts interlocutory-appeal jury-trial material-facts probable-cause qualified-immunity summary-judgment Whether the Court of Appeals erred in concluding that 'arguable probable cause' can support a claim for qualified-immunity,summary-judgment,interlocut…
23-5638 Adrian M. Jackson v. Clinton Canady, III, Judge, et al. Sixth Circuit 2023-09-22 Denied IFP abuse-of-discretion civil-procedure civil-rights discovery due-process factual-error remand sixth-circuit vacatur whether-the-sixth-circuit-abused-its-discretion
23-5564 Trent Steven Griffin, Sr. v. United States District Court for the Northern District of Texas Fifth Circuit 2023-09-13 Denied IFP abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process federal-rules federal-rules-of-civil-procedure judicial-discretion jury-trial motion-to-dismiss procedural-misconduct standing Whether a judge had the power or authority to take certain actions in a civil rights case
23-5514 Rodger William Dillard v. Wyoming Wyoming 2023-09-05 Denied Response WaivedRelisted (2)IFP abuse-of-discretion alford-plea appeal court-rules criminal-procedure due-process judicial-abuse judicial-discretion plea-bargaining plea-withdrawal sentence-correction sentencing Did the District in and for Natrona County 7th Judicial Abuse its power
23-5491 Saundra S. Brooke v. Vanderbilt Mortgage and Finance, Inc. Fourth Circuit 2023-08-31 Denied IFP abuse-of-discretion bankruptcy bankruptcy-law circuit-court civil-procedure court-procedure due-process evidence evidence-withholding exculpatory-evidence judicial-discretion standing Whether the lower court abused her discretion
23-5495 SirMichael Dyess v. California California 2023-08-31 Denied IFP abuse-of-discretion ada appellate-procedure civil-rights constitutional-rights due-process evidence ineffective-counsel judicial-discretion judicial-misconduct post-conviction-review procedural-default Whether the District Court violated ADA rights under Title II, whether the District Court's procedural and evidentiary rulings constituted an abuse of…
23-5499 Manuel De Jesus Del Cid Bran v. United States Fourth Circuit 2023-08-31 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 …
23-181 Patricia L. Harrison v. South Carolina Department of Health and Human Services, et al. Fourth Circuit 2023-08-25 Denied Response Waived abuse-of-discretion civil-procedure dismissal district-court-discretion federal-court-procedure federal-rules-of-civil-procedure legal-standards rule-11-sanctions sanctions settlement sua-sponte-sanctions Did the district court abuse its discretion by sanctioning Petitioner sua sponte pursuant to Federal Rules of Civil Procedure Rule 11 after settlement…
23-5444 Adam P. Strege v. Eric A. Vos, Individually and in His Official Capacity as the Chief Defender for the Office of the Federal Public Defender District of Puerto Rico, et al. First Circuit 2023-08-25 Dismissed Response WaivedRelisted (2)IFP abuse-of-discretion civil-procedure civil-rights constitutional-claim due-process federal-civil-procedure free-speech government-officials malicious-prosecution standing Question not identified
23-5445 William Bazemore v. United States Second Circuit 2023-08-25 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…
23-5405 David Petersen v. United States Eleventh Circuit 2023-08-22 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?
23-145 Aleksandra Shklyar v. Carboline Company Eighth Circuit 2023-08-16 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
23-5352 Cassandra McGuire v. Highmark Holdings, et al. Sixth Circuit 2023-08-15 Denied IFP abuse-of-discretion civil-procedure court-discretion default-judgment federal-rules federal-rules-of-civil-procedure procedural-rules stare-decisis summary-judgment Did the courts properly apply default judgment rules when the defendant failed to respond in a timely manner?
23-5306 Kenneth Ray Holbert, Sr. v. Texas Texas 2023-08-09 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…
23-5316 Aaron J. Bressi v. Tracy McCloud, et al. Third Circuit 2023-08-09 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
23-5317 Aaron J. Bressi v. Jeffery Brennen, et al. Third Circuit 2023-08-09 Dismissed Response WaivedIFP abuse-of-discretion case-dismissal civil-procedure court-procedure due-process failure-to-state-a-claim failure-to-state-claim judicial-discretion legal-review procedural-dismissal public-interest standing How does this Complaint get dismissed by Both the Honorable District Court and the Honorable Appeals Court, for Failure to State a Claim
23-5318 Aaron J. Bressi v. John Gembic, et al. Third Circuit 2023-08-09 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
23-5271 Eric Villarreal v. California California 2023-08-03 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
23-90 Shaomin Sui v. FedEx Ground Package System, Inc. Fourth Circuit 2023-07-31 Denied Response Waived 4th-circuit abuse-of-discretion appellate-review arbitration civil-procedure district-court Whether the 4th Circuit Court erred in upholding the district court's order concluding that arbitration fully decided all claims in the case
23-5222 Mustafa Ali v. Jeffrey Minehart, Judge, et al. Pennsylvania 2023-07-27 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?
23-5227 Luis Roman v. Illinois Illinois 2023-07-27 Denied IFP abuse-of-discretion civil-rights criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-counsel Why were the defendant indicted and tried at a bench trial in violation of 725 ILCS 5/109-3?
23-5228 Patrick Frederick Williams v. United States Eleventh Circuit 2023-07-27 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split first-step-act procedural-reasonableness section-404 sentencing-reduction substantive-reasonableness Whether appellate review for 'abuse of discretion' of a district court's denial of a sentence reduction under Section 404(b) of the First Step Act req…
23-5205 Steven Lesane v. United States Second Circuit 2023-07-26 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation Whether the District Court abused its discretion in denying appellant's motion to withdraw guilty plea
23-5208 Jason Boudreau v. United States First Circuit 2023-07-26 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure due-process first-amendment fourth-amendment plea-agreement search-and-seizure search-condition sentencing sentencing-enhancement Whether the District Court's decision to subject the Petitioner to a lifetime suspicionless search condition that lacks any limitations at all violate…
23-5177 Kenneth Ragan-Armstrong v. United States Fourth Circuit 2023-07-24 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion plain-error procedural-reasonableness sentencing sentencing-conditions supervised-release Whether the district court plainly erred in imposing special conditions of supervision without explaining why such conditions were necessary or approp…
23-5146 Santos Rosales Martinez v. Iowa Iowa 2023-07-20 Denied Response WaivedIFP abuse-of-discretion actual-innocence constitutional-rule habeas-corpus iowa-constitution iowa-courts judicial-discretion new-rule-of-law schlup-test schlup-v-delo schmidt-v-state Whether the Iowa Courts have failed to properly adjudicate the Petitioner's actual-innocence claims
23-5128 In Re Mark T. Stinson, Sr. 2023-07-18 Dismissed Response WaivedIFP 6th-circuit abuse-of-discretion appellate-review circuit-court federal-rules-of-civil-procedure habeas-corpus judicial-discretion mandamus motion-denial rule-60b section-2255 Did the United States Court of Appeals for the Sixth Circuit abuse its discretion by refusing to answer Stinson's § 2255 motion?
23-45 Ethan R. Shields v. United States Armed Forces 2023-07-14 Denied Response Waived abuse-of-discretion digital-forensics fourth-amendment military-justice reasonableness search-and-seizure Whether the Tenth Circuit framework for assessing the reasonableness of digital forensic searches under the Fourth Amendment is appropriate
23-11 Gary Victor Dubin v. United States District Court for the District of Hawaii Ninth Circuit 2023-07-05 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…
23-5016 Jonathan Limbrick v. United States Fifth Circuit 2023-07-03 Denied Response WaivedIFP abuse-of-discretion courts-of-appeals criminal-procedure fair-and-just-reason fifth-circuit guilty-plea kercheval-v-united-states plea-withdrawal rule-11 Did the Fifth Circuit err in finding no abuse of discretion in denying motion to withdraw guilty plea?
23-5006 Robert Timothy Blake v. United States Fifth Circuit 2023-06-30 Denied Response WaivedIFP abuse-of-discretion appeal appellate-procedure case-consolidation consolidation due-process judicial-discretion prejudice procedural-fairness relevant-issues Whether a defendant may suffer prejudice when a court orders consolidation of cases where one case will lose its specific issues raised on appeal
22-7827 Scott Anderson v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2023-06-21 Denied IFP abuse-of-discretion burden-of-proof certificate-of-appealability criminal-procedure due-process judicial-discretion legal-innocence reasonable-jurist sufficiency-of-evidence Is a defendant legally and factually innocent if the State fails to prove each and every element of the crime?
22-7820 Annamalai Annamalai v. United States Eleventh Circuit 2023-06-20 Denied Response WaivedIFP abuse-of-discretion due-process fair-trial impartiality judicial-bias judicial-discretion judicial-recusal recusal sentencing Whether the district court abused its discretion by failing to recuse itself due to the appearance of impartiality
22-7811 Trent S. Griffin, Sr. v. American Zurich Insurance Company, et al. Fifth Circuit 2023-06-16 Denied Response WaivedIFP 60b-motion abuse-of-discretion affirmative-defense appellate-review full-faith-and-credit jurisdiction motion-to-dismiss plea-to-the-jurisdiction res-judicata Whether an unauthenticated judgment has res judicata effects as an affirmative defense
22-7796 Jose Alfredo Perez v. United States Fifth Circuit 2023-06-15 Denied Response WaivedIFP abuse-of-discretion appellate-review case-specific-facts criminal-procedure criminal-sentencing district-court due-process fifth-circuit sentencing-guidelines sentencing-variance upward-variance Whether a district court's mere recitation of the sentencing statute absent any application of case-specific facts is sufficient to support a five-yea…
22-1207 Columbia Falls Aluminum Company, LLC v. Atlantic Richfield Company Ninth Circuit 2023-06-13 Denied abuse-of-discretion cercla district-court environmental-response-costs equitable-allocation fourth-circuit judicial-review standard-of-review Whether a district court's equitable allocation of environmental response costs pursuant to Section 113(f)(1) of CERCLA is properly reviewed on appeal…
22-7748 Mike Webb v. James Christian Kimmel, et al. Fourth Circuit 2023-06-09 Denied IFP abuse-of-discretion civil-procedure default-judgment discretionary-power evidence-exclusion federal-rules-of-civil-procedure federal-rules-of-evidence judicial-review motion-to-dismiss rico rico-statute Whether it is an abuse of discretion to exclude relevant evidence in a RICO case
22-1188 Douglas K. Smith v. Eric Terry Fifth Circuit 2023-06-08 Denied Response Waived abuse-of-discretion appellant-brief appellate-procedure bankruptcy circuit-court civil-procedure dismissal-of-appeal extension-of-time judicial-discretion procedural-dismissal Whether the Circuit Court's March 8, 2023 denial of a second motion for thirty-day extension of time to file appellant brief, and resultant dismissal …
22-1184 Robert Walker, et al. v. Barry S. Mittelberg, et al. Eleventh Circuit 2023-06-07 Denied 11th-circuit abuse-of-discretion appellate-review bankruptcy bankruptcy-procedure bankruptcy-rules civil-procedure due-process judicial-estoppel property-disclosure standing Whether the 11th Circuit Court of Appeals exercised its discretion in err
22-1162 Frank Lawrence, Jr. v. United States District Court for the Western District of Michigan Sixth Circuit 2023-05-31 Denied abuse-of-discretion bar-admission due-process free-speech independent-review speech-related-activities standard-of-review unconstitutional-conditions What standard of review should be employed by Courts of Appeals when reviewing a federal district court's decision to deny an attorney's application f…
22-7666 Bayardo R. Sandy v. The Baca Grande Property Owners Association Colorado 2023-05-30 Denied Relisted (2)IFP abuse-of-discretion civil-procedure civil-rights constitutional-violation cover-up due-process equal-protection legal-jurisdiction petitioner-rights state-misconduct Did Colorado violate Petitioner Bayardo Sandy's Civil Rights?
22-7612 Bayardo R. Sandy v. The Baca Grande Property Owners Association Colorado 2023-05-22 Denied Relisted (2)IFP abuse-of-discretion civil-rights constitutional-violation cover-up due-process equal-protection judicial-review legal-remedy standing state-misconduct Did Colorado violate Petitioner Bayardo Sandy's Civil Rights?
22-7592 Grace Woodham v. Tucker Scheffer New Hampshire 2023-05-18 Denied IFP abuse-of-discretion civil-rights digital-privacy due-process electronic-communications equal-protection fourth-amendment free-speech probable-cause search-and-seizure standing warrantless-search Whether the New Hampshire Supreme Court violated the First Amendment of the U.S. Constitution by denying the petitioner's appeal to continue their app…
22-7490 Wendell W. Phillips v. United States Court of Federal Claims Federal Circuit 2023-05-09 Denied Response WaivedIFP 12b1-motion abuse-of-discretion civil-rights due-process federal-circuit illegal-exaction just-compensation legislative-enactments mandamus-jurisdiction rule-10 substantive-private-rights Whether the United States Court of Appeals for the Federal Circuit has jurisdiction to rule on a petition for a writ of mandamus against a lower court…
22-7451 Bennie C. Rivera v. United States Eleventh Circuit 2023-05-03 Denied Response WaivedIFP abuse-of-discretion criminal-justice criminal-procedure fair-sentence-act first-step-act judicial-discretion judicial-review motion-denial sentencing sentencing-discretion statutory-interpretation Did Judge John Anton II abuse his discretion in denying the petitioner's motion under the First Step Act and Fair Sentence Act without a hearing?
22-1052 Patricia Hermann v. Jonathan B. McFarland, et al. Eleventh Circuit 2023-05-01 Denied Response WaivedRelisted (2) abuse-of-discretion appellate-review civil-procedure federal-rules-civil-procedure federal-rules-of-civil-procedure good-cause judicial-discretion procedural-motion reconsideration time-extension Whether the district court abused its discretion in denying a motion for extension of time under Fed. R. Civ. P. 6(b)(1)(A) where the record showed go…
22-7367 Christopher J. Bailey v. United States Fourth Circuit 2023-04-25 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion concepcion-precedent concepcion-v-united-states criminal-justice-reform criminal-sentencing district-court-discretion first-step-act precedent sentence-reduction sentencing Whether the district court abused its discretion in denying petitioner's motion for a sentence reduction under the First Step Act
22-7325 Noel Brown v. City of New York, New York, et al. Second Circuit 2023-04-19 Denied Response WaivedIFP abuse-of-discretion appellate-procedure civil-procedure civil-rights collateral-review court-review federal-rules-of-appellate-procedure in-forma-pauperis judicial-discretion prisoner-appeal standing Did the denial of appellant's motion for in forma pauperis violate Rule 24(A)(5) of the Federal Rules of Appellate Procedure?
22-7290 Michael Kenneth Howard v. United States Fourth Circuit 2023-04-14 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility criminal-procedure district-court fourth-circuit right-to-appeal sentencing-guidelines waiver waiver-of-appeal Whether the Fourth Circuit erred by ruling that Mr. Howard waived his right to appeal whether the District Court erred by not applying Acceptance of R…
22-7261 Susan Elise Prophet v. United States Eighth Circuit 2023-04-12 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion appellate-review compassionate-release criminal-procedure eighth-circuit federal-sentencing judicial-discretion sentence-reduction sentencing statutory-interpretation Whether the United States Court of Appeals for the Eighth Circuit abused its discretion in denying Prophet's Motion for Compassionate Release/Reductio…
22-7176 In Re Thomas J. M. Goodin 2023-04-03 Denied Response WaivedIFP abuse-of-discretion appellate-jurisdiction circuit-court-review civil-rights due-process exceptional-circumstances federal-habeas habeas-corpus mandamus-petition pro-se-litigant standing Whether granting of this writ will conform to the Court's appellate jurisdiction that only exceptional circumstances warrant the exercise of the Court…
22-7120 Aaron J. Bressi v. Pennsylvania Parole Board, et al. Third Circuit 2023-03-27 Dismissed Response WaivedRelisted (2)IFP abuse-of-discretion case-significance civil-procedure civil-rights complaint-dismissal court-discretion due-process judicial-review legal-procedure public-importance public-interest standing Question not identified
22-7101 Charles Eugene Nolden v. United States Third Circuit 2023-03-24 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion compassionate-release criminal-justice criminal-sentencing federal-statute sentence-reduction sentencing third-circuit Whether the United States Court of Appeals for the Third Circuit abused its discretion in denying Nolden's Motion for Compassionate Release/Reduction …
22-7102 Towaki Komatsu v. NTT Data, Inc., et al. Second Circuit 2023-03-24 Denied IFP abuse-of-discretion arbitration-costs civil-procedure civil-rights discovery-order due-process judicial-discretion res-judicata sanctions standing whether-redetermination-is-warranted
22-6953 Curtis Bradley v. United States Sixth Circuit 2023-03-07 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing substantive-reasonableness Was the sentence imposed on Petitioner substantively reasonable?
22-6919 In Re DeAnn Graham 2023-03-03 Denied Response WaivedIFP abuse-of-discretion civil-rights clear-error due-process fair-housing justiciability mandamus Whether a writ of mandamus should be issued directing the court of appeals to remand the case to the district court without delay
22-6898 John L. Love v. Daniel F. Martuscello, III, Superintendent, Coxsackie Correctional Facility Second Circuit 2023-03-01 Denied IFP abuse-of-discretion constitutional-error discretionary-review due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct relation-back strickland-standard unreasonable-application Did the District court abuse its discretion under 'unreasonable application' when petitioner Love's proposed amendment did 'relate back' to the origin…
22-6883 Fairly W. Earls v. Kari Buske, et al. Seventh Circuit 2023-02-28 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights civil-rights-claim constitutional-claim due-process jurisdiction screening section-1367 section-1983 standing supplemental-jurisdiction Whether the District Court and Court of Appeals abused their discretion on jurisdiction and erroneous application of 28-usc-1367(c)(3) on constitution…
22-6733 In Re John B. Myles 2023-02-08 Denied IFP abuse-of-discretion appellate-review arrest-warrant due-process evidence evidence-exclusion ineffective-assistance-of-counsel judicial-discretion prosecutorial-misconduct sixth-amendment Whether the defendant was denied effective assistance of counsel
22-6718 Justin Stabler v. United States Fifth Circuit 2023-02-07 Denied Response WaivedIFP 18-usc-3553 abuse-of-discretion alcohol-consumption criminal-sentencing electronic-searches section-3553a sentencing-guidelines sentencing-reasonableness substantive-reasonableness supervised-release Whether the 120-month sentence is substantively unreasonable
22-740 Harinder Jeet Singh v. RXR 620 Master Lease, LLC, et al. Second Circuit 2023-02-07 Denied abuse-of-discretion appellate-review civil-procedure district-court due-process emotional-distress evidence-spoliation judicial-misconduct spoliation-of-evidence standing summary-judgment Whether District Court falsified facts to favor respondents
22-6704 Angel Vazquez-Figueroa v. United States First Circuit 2023-02-06 Denied Response WaivedIFP abuse-of-discretion criminal-procedure individualized-assessment judicial-discretion plain-error plain-error-review plea-agreement section-3553a-factors sentencing sentencing-discretion Whether the district court erred in imposing a sentence that was 1.5 years longer than the highest sentence recommended by the parties under the plea …
22-6701 In Re Astarte Davis 2023-02-03 Denied IFP abuse-of-discretion accountability civil-rights color-of-law constitutional-rights due-process judicial-ethics judicial-misconduct public-importance vexatious-litigant Whether the Respondents' decisions in Astarte's case is non-judicial conduct under color of law and constitution, failed in their judicial ethics, and…
22-6593 Steven C. Heiser v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-01-23 Denied Response RequestedRelisted (2)IFP abuse-of-discretion certificate-of-appealability certiorari-jurisdiction due-process habeas-corpus limitations-defense party-presentation statute-of-limitations sua-sponte Did the district court abuse its discretion when it sua sponte dismissed Heiser's habeas petition by overriding the state's deliberate waiver of the l…
22-6442 Brennan Thomas Baker v. Wyoming Wyoming 2023-01-04 Denied Response WaivedIFP abuse-of-discretion cell-phone-recording criminal-evidence criminal-procedure due-process evidence evidentiary-abuse-of-discretion fourth-amendment legal-admissibility surveillance surveillance-footage witness-testimony Did the district court abuse its discretion in admitting the state's cell phone recording of surveillance footage?
22-6454 Christine Chang v. Ezery Beauchamp, Captain and Commander for California Highway Patrol, et al. Ninth Circuit 2023-01-04 Denied Response WaivedIFP 42-usc-1983 abuse-of-discretion civil-rights dismissal dismissal-with-prejudice due-process fourteenth-amendment ninth-circuit pro-se section-1983 Whether the Ninth Circuit violates Petitioner's Fourteenth Amendment due process rights
22-6324 Matthew Ruben Hernandez v. United States Ninth Circuit 2022-12-16 Denied Response WaivedIFP abuse-of-discretion Bureau-of-Prisons civil-procedure discretionary-review extraordinary-and-compelling-reason medical-conditions pandemic pandemic-impact sentence-modification statutory-interpretation Sentence-modification-under-3582(c)(1)(A)
22-6235 In Re DeAnn Graham 2022-12-07 Denied Response WaivedIFP 7th-circuit abuse-of-discretion civil-procedure clear-error due-process justiciability mandamus remand Whether a writ of mandamus should be issued directing the court of appeals to remand the case to the district court without delay
22-6152 Carlos Edward Kennedy v. Carla Jones Eleventh Circuit 2022-11-23 Denied Response WaivedIFP abuse-of-discretion civil-procedure continuance discretion forensic-evidence pro-se Did the trial court abuse its discretion in denying Kenner's motion for continuance when Kenner, while acting pro se, requested only an additional 3 m…
22-6138 Michael Lindell Teasley v. United States Eighth Circuit 2022-11-22 Denied Response WaivedIFP abuse-of-discretion civil-rights court-of-appeals criminal-procedure district-court due-process eighth-circuit equal-protection judicial-discretion non-violent-offenses sentencing sentencing-guidelines Whether the Court of Appeals for the Eighth Circuit, South on Piswier of Iowa, abused its discretion by violating the Cera Feendeg guidelines, which t…
22-6141 Eric Lamont Wade v. United States Fourth Circuit 2022-11-22 Denied Response WaivedIFP abuse-of-discretion concepcion-ruling concepcion-v-united-states criminal-justice-reform district-court-discretion due-process first-step-act section-404(c) sentence-reduction sentencing Whether the district court abused its discretion by failing to comply with Section 404 (c) of the First Step Act of 2018
22-6119 Jaques Fearence v. Brenda M. Cash, Warden Ninth Circuit 2022-11-21 Denied Response WaivedIFP abuse-of-discretion attorney-abandonment civil-procedure civil-rights constitutional-standard due-process federal-review habeas-corpus standing state-court-decision Whether the U.S. District Court abused its discretion by denying the Rule 60(b)(6) motion based on the unreasonable application of the constitutional …
22-6103 Serdar Tatar v. United States Third Circuit 2022-11-18 Denied Response WaivedIFP 18-usc-3582-c-1-a abuse-of-discretion actual-innocence brady-claims concepcion-v-united-states evidentiary-hearing judicial-error legal-standard motion-for-relief rule-60 rule-60-b Whether the district court's denial of Rule 60(b) motion was an abuse of discretion
22-6104 Esteban Parra-Reyes v. United States Ninth Circuit 2022-11-18 Denied Response WaivedIFP abuse-of-discretion circuit-court-review compassionate-release criminal-justice federal-sentencing judicial-discretion ninth-circuit prisoner-rights sentencing summary-affirmance Whether the Denial of Esteban Para Reyes's Motion for Compassionate Release Was an Abuse of Discretion?
22-441 Rony Galicia v. Maryland Maryland 2022-11-10 Denied Response Waived abuse-of-discretion accomplice-confession appellate-review confrontation-clause cross-examination double-murder sixth-amendment standard-of-review Whether the Sixth Amendment is violated by a denial of cross-examination into an accomplice's confession
22-6030 In Re Jason Paul Maple 2022-11-09 Denied IFP abuse-of-discretion civil-procedure civil-rights constitutional-trial-error due-process free-speech jurisdictional-power manifest-disregard pro-se-litigant standing third-circuit-court Whether the United States Court of Appeals for the Third Circuit acted in excess of its jurisdictional power
22-422 Kendall Streb v. United States Eighth Circuit 2022-11-07 Denied Response WaivedRelisted (2) abuse-of-discretion brady-violation civil-procedure criminal-procedure discovery due-process evidence-concealment government-misconduct hearing prosecutorial-misconduct witness-payments Whether the district court abused its discretion in denying a hearing into the government's alleged discovery violations
22-5990 Leroy Brooks v. United States Third Circuit 2022-11-04 Denied Response WaivedIFP 3553a-factors abuse-of-discretion compassionate-release criminal-justice criminal-procedure district-court district-court-discretion extraordinary-reasons judicial-review sentence-reduction sentencing Whether the district court abused its discretion in denying Petitioner's motion for compassionate release/reduction in sentence
22-5903 L. Powers v. United States Postal Service Eleventh Circuit 2022-10-26 Denied Response WaivedIFP abuse-of-discretion civil-rights court-procedure due-process equal-protection equal-rights in-forma-pauperis indigent-rights judicial-discretion judicial-powers Was the appearance of dismissing Petitioner's in forma pauperis applications an abuse of judicial powers & law?
22-5673 Juan Amaya Lozano v. Fredrick Entzel, Warden Eighth Circuit 2022-09-26 Denied IFP abuse-of-discretion criminal-procedure due-process effective-assistance-of-counsel interpreter-rights limited-english-proficiency sentencing sentencing-discretion sixth-amendment Whether the District Court abused its discretion in failing to provide a Spanish interpreter during critical stages of the defendant's defense
22-5390 Carina Conerly v. Julie G. Yap, et al. Ninth Circuit 2022-08-18 Denied IFP abuse-of-discretion appellate-review civil-procedure civil-rights court-procedure due-process frivolous-appeal frivolous-claim in-forma-pauperis judicial-discretion standing Whether the Ninth Circuit Court of Appeals erred in finding petitioners' claim to be frivolous
22-5392 Jane Doe v. City of Baton Rouge, Louisiana, et al. Fifth Circuit 2022-08-18 Denied IFP abuse-of-discretion appellate-procedure appellate-review civil-rights constitutional-interpretation court-accountability due-process federal-jurisdiction judicial-misconduct legal-procedure Whether the federal court of appeals should be allowed to disregard the US Supreme Court's law, the US Code, the Federal Rules, the Constitution, the …
22-5348 Clarence Lee v. United States Fifth Circuit 2022-08-15 Denied Response WaivedIFP abuse-of-discretion civil-procedure criminal-procedure due-process judicial-bias judicial-recusal motion-hearing prosecutorial-agreement recusal sentencing sentencing-discretion standing Whether the district court erred by denying defense counsel's oral motion for recusal of the district judge
22-5267 John Everette Murray, III v. Florida Florida 2022-08-03 Denied IFP abuse-of-discretion amendment constitutional-rights criminal-procedure due-process judicial-discretion post-conviction-relief remand rule-3.850 state-courts Will the United States Supreme Court allow the State courts to abuse their discretion by denying a rule 3.850 motion determined to be facially deficie…
22-5262 David D. Major v. United States Seventh Circuit 2022-08-02 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility appeal-denial career-offender criminal-history drug-related-offense obstruction-of-justice reliable-evidence sentencing-guidelines Question not identified
22-5191 Anis Blemur v. United States Eleventh Circuit 2022-07-26 Denied Response WaivedIFP abuse-of-discretion certificate-of-appealability controlling-precedent district-court eleventh-circuit guilty-plea ineffective-assistance-of-counsel judicial-discretion remand Whether the Eleventh Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in hold…
22-5163 Diann Ramcharan v. United States Tenth Circuit 2022-07-22 Denied Response WaivedIFP abuse-of-discretion civil-rights constitutional-rights due-process equal-protection immigration immigration-fraud jury-selection race-discrimination racial-bias voir-dire Is it an abuse of discretion for a district court, when there is a proper request by the accused, to refuse to conduct reasonable voir dire inquiry in…
22-5143 Malia Arciero v. United States Ninth Circuit 2022-07-20 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion appellate-discretion compassionate-release criminal-justice federal-statute judicial-review motion-reconsideration reconsideration sentencing sentencing-modification Whether the United States Court of Appeals for the Ninth Circuit abused its discretion in denying Arciero's Motion for Compassionate Release Under 18 …
22-5023 Sam Jones, Jr. v. United States Eleventh Circuit 2022-07-05 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure due-process eleventh-circuit judicial-discretion less-culpable-defendant mandatory-minimum sentencing-entrapment supervisory-jurisdiction Whether the Eleventh Circuit erred in affirming the district court's denial of a motion for judgment of acquittal and a motion for new trial on ground…
21-8213 James York v. United States Ninth Circuit 2022-06-23 Denied Response WaivedIFP abuse-of-discretion administrative-remedies asthma compassionate-release covid-19 criminal-procedure discretionary-review federal-corrections sentencing-factors Whether the District Court Abused its Discretion by Denying Mr. York's Motion for Compassionate Release?
21-1575 Geoffrey M. Young v. Jeremy Mattox, Judge, Circuit Court of Kentucky, 14th Judicial Circuit Kentucky 2022-06-21 Denied Response Waived abuse-of-discretion circuit-court civil-procedure clerk court-clerk judicial-discretion judicial-ethics mandamus ministerial-duties prohibition Does any circuit court judge have the authority or discretion to prevent the clerk of the circuit court from properly performing her ministerial dutie…
21-8171 Lamar Keith Garvin v. United States Fourth Circuit 2022-06-17 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing defendant-characteristics due-process judicial-discretion sentencing sentencing-disparities sentencing-guidelines sentencing-range sentencing-variance Whether the district court abused its discretion in not granting the defendant a variance sentence
21-8164 Michael L. Pinkney v. Kenneth Black, Warden Sixth Circuit 2022-06-16 Denied IFP abuse-of-discretion civil-procedure due-process federal-courts judicial-misconduct standing Whether the district court legally dismissed the appeal without a hearing, in violation of due process
21-8146 Gregory Thomas v. United States Second Circuit 2022-06-15 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process first-step-act judicial-procedure legal-standard sentencing sentencing-relief statutory-interpretation Whether the lower court abused its discretion by failing to follow the law and determine a defendant's eligibility for First Step Act relief, in viola…
21-8118 Myron Dejuan Orr v. United States Eighth Circuit 2022-06-10 Denied Response WaivedIFP 18-U.S.C.-3553(a) 18-U.S.C.-3582(c) 18-usc-3553a 18-usc-3582c abuse-of-discretion circuit-split extraordinary-and-or-compelling-reasons first-step-act sentencing-disparity Whether the lower courts' rulings amount to an abuse of discretion when failing to consider that a disparity in sentencing amounts to an abuse of disc…
21-8092 Nicole R. Bramwell v. United States Eleventh Circuit 2022-06-08 Denied Response WaivedIFP 18-U.S.C.-3553a 18-usc-3553(a) 18-usc-3661 abuse-of-discretion appellate-review below-guideline-sentence collateral-consequences downward-variance sentencing-guidelines sentencing-review When can a court of appeals reverse a below-guideline sentence based on its own view that a different, more severe sentence is appropriate?
21-8093 Albert Aiad-Toss v. United States Sixth Circuit 2022-06-08 Denied Response WaivedIFP 18-usc-3553 18-USC-3553a abuse-of-discretion criminal-procedure district-court-discretion procedural-reasonableness reasonableness sentencing sentencing-guidelines substantive-reasonableness supervised-release Whether Mr. Aiad-Toss's lifetime supervised release term was procedurally unreasonable
21-8048 Michael Ray Kapp v. United States Ninth Circuit 2022-06-03 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-court compassionate-release criminal-justice federal-procedure judicial-discretion sentencing summary-affirmance Whether the Denial of Michael Kapp's Motion for Compassionate Release Was an Abuse of Discretion?
21-8021 Frank W. Coon v. United States Ninth Circuit 2022-06-01 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion compassionate-release criminal-justice district-court-discretion first-step-act sentence-reduction sentencing standard-of-review Whether the District Court Abused its Discretion by Denying Mr. Coon's Motion for Compassionate Release?
21-7997 Benjamin Green Robinson v. United States Eleventh Circuit 2022-05-27 Denied Response WaivedIFP abuse-of-discretion cocaine-trafficking criminal-procedure evidence judgment-of-acquittal judicial-discretion motion-in-limine motion-to-suppress plain-error prior-conviction Whether the lower courts abused their discretion in admitting prior conviction evidence
21-7944 Linda A. Petralia v. American Express National Bank New Hampshire 2022-05-23 Denied IFP abuse-of-discretion breach-of-contract civil-procedure constitutional-rights due-process plain-error res-judicata superior-court Is the N.H. Superior Court's allowance of a second, same-named breach of contract claim against the Rule of Law, Res Judicata, a plain error that viol…
21-7891 William Ramirez-Frechel v. United States First Circuit 2022-05-17 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process federal-sentencing-guidelines judicial-discretion reasonableness reasonableness-review sentencing Whether the sentence imposed is unreasonable
21-7819 Kevin Ray Smith v. United States Eighth Circuit 2022-05-10 Denied Response WaivedIFP abuse-of-discretion article-iii-standing collateral-attack constitutional-challenge criminal-conviction due-process federal-criminal-law habeas-corpus jurisdictional-defect Whether Petitioner has Article III standing to challenge conduct not within the precise subject matter of nationwide Federal police power enforcement
21-7706 Irving Ernesto Arias v. United States Fifth Circuit 2022-04-26 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process fifth-circuit guilty-plea motion-to-withdraw plea-bargaining sentencing Did the district court err in denying the defendant's motion to withdraw his guilty plea?
21-1331 Marcus A. Murphy v. Amanda Cameron Dalton, aka Mandy Moore, et al. Fifth Circuit 2022-04-06 Denied abuse-of-discretion civil-procedure civil-rights dismissal district-court-discretion due-process energy-company pro-se-plaintiff sanctions tort-law Whether the district court abused its discretion in dismissing the plaintiff's claims and imposing sanctions
21-7538 Clyde Otis Alston, Jr. v. United States Fourth Circuit 2022-04-05 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process eighth-amendment sentencing Whether the Court below erred in denying relief upon the substantially unreasonable sentence
21-7460 Eric Dean Smith v. United States Fourth Circuit 2022-03-24 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure due-process sentencing Did the Courts Abuse Discretion in Denying Compassionate Release under 18 U.S.C. 3582(c)(1)(A)
21-7269 Joseph Peter Clarke v. United States Eleventh Circuit 2022-03-04 Denied Response WaivedIFP abuse-of-discretion covid-19 criminal-history downward-variance drug-offenses juvenile-offenses sentencing-factors sentencing-guidelines stash-house-robbery Whether the appellate court erred in affirming the district court's abuse of discretion
21-7215 Clayton Walker v. Freeman's Electric Service, Inc., et al. South Dakota 2022-02-25 Denied Response WaivedIFP 5th-amendment abuse-of-discretion constitutional-rights cross-examination disputable-facts due-process federal-statute medical-records subpoena witness-examination Does the Petitioner have the right to his own medical records after they are subpoenaed, and when those records are not given to the petitioner by the…
21-7155 Binbing Xie v. Yan Fang Chen New York 2022-02-18 Denied IFP 14th-amendment abuse-of-discretion amendment-xiv civil-procedure constitutional-law constitutional-rights due-process equal-protection judicial-procedure trial-court-discretion Whether the trial court abused its discretion by violating the Due Process and Equal Protection of United States Constitution, Amendment XIV to procee…
21-1115 In Re Wanda Bowling 2022-02-11 Denied abuse-of-discretion appellate-court appellate-procedure civil-procedure court-mandate due-process fifth-circuit judicial-review jurisdiction mandamus petition-for-review Is the Fifth Circuit Court of Appeal's deliberate refusal to adjudicate appealed issues a failure to execute duties or abuse of discretion?
21-7054 Ervin Walker, Jr. v. United States Eleventh Circuit 2022-02-03 Denied Response WaivedIFP 18-usc-3553 18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure district-court-discretion sentencing-factors sentencing-guidelines sentencing-reduction ussg-1b1.13 Whether the District Court abused its discretion in denying Petitioner's Motion for Compassionate Release
21-7016 Tony Gonzalez v. Rhode Island Rhode Island 2022-02-01 Denied Response WaivedIFP abuse-of-discretion brady-violation cellphone-search criminal-procedure due-process fourth-amendment jury-selection jury-venire motion-to-suppress sixth-amendment standing Did the trial Justice err, when the Jury Venire challenge, had been inappropriately addressed, concerning a proper sixth Amendment challenge? And Tria…
21-6992 Michael Rocky Lane v. United States Ninth Circuit 2022-01-27 Denied Response WaivedIFP abuse-of-discretion appellate-review compassionate-release criminal-justice criminal-procedure due-process federal-sentencing ninth-circuit sentencing summary-affirmance Whether the denial of Michael Lane's motion for compassionate release was an abuse of discretion?
21-6940 Ferney Salas Torres v. United States Second Circuit 2022-01-21 Denied Response WaivedIFP abuse-of-discretion criminal-appeal criminal-procedure district-court-discretion minor-role-adjustment pilot-enhancement plea-agreement procedural-reasonableness second-circuit sentencing sentencing-guidelines Whether the Second Circuit Court of Appeals erred in affirming Ferney Salas Torres' judgment of conviction and sentence which was procedurally unreaso…
21-6910 Juan Manuel Cruzado-Laureano v. W. Stephen Muldrow First Circuit 2022-01-20 Denied Response WaivedRelisted (2)IFP abuse-of-discretion attorney-for-government attorney-for-the-government criminal-procedure federal-criminal-procedure grand-jury grand-jury-procedure indictment indictment-validity judicial-discretion mandamus mandamus-petition Questions Presented for Court Review
21-6863 Nesly Loute v. United States Eleventh Circuit 2022-01-14 Denied Response WaivedIFP abuse-of-discretion appellate-review certificate-of-appealability district-court evidentiary-hearing habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel remand section-2255 Whether the Eleventh Circuit's denial of a certificate of appealability
21-6803 Javier Rosales v. United States Fifth Circuit 2022-01-10 Denied Response WaivedIFP abuse-of-discretion amendment-782 discretion drug-conspiracy due-process fifth-amendment opportunity-to-be-heard retroactive-amendment sentence-reduction sentencing sentencing-guidelines Whether the Fifth Circuit erred in deciding that the District Court's order denying relief under 18 U.S.C. § 3582(c)(2) did not comprise an abuse of d…
21-6716 Fernando Romero v. Neil McDowell, Warden Ninth Circuit 2021-12-23 Denied Response WaivedIFP abuse-of-discretion counsel-appointment district-court-discretion expert-opinion ineffective-assistance investigation pro-se right-to-counsel state-court-claim Whether the district court abused its discretion by denying petitioner's motion to appoint counsel
21-6694 Lawrence S. Brantley, Jr. v. Texas Department of Family and Protective Services Texas 2021-12-22 Denied Relisted (2)IFP abuse-of-discretion clear-and-convincing Colorado-v-New-Mexico due-process evidence-standard legal-precedent parental-rights trial-court-discretion witness-testimony Did the trial court abuse its discretion by allowing a witness with no firsthand knowledge to testify, conflicting with Oakley v. State?
21-6704 Jose D. Drew v. United States Eighth Circuit 2021-12-22 Denied Response WaivedIFP abuse-of-discretion evidence-admissibility federal-rules-of-evidence jury-inference material-element prior-convictions rule-404(b) rule-404b Whether the abuse of discretion review of the introduction of multiple prior convictions as rule 404(b) evidence requires the government to offer some…
21-6666 Jabari J. Johnson v. James Johnson, et al. Tenth Circuit 2021-12-21 Denied IFP abuse-of-discretion appellate-review civil-procedure civil-rights constitutional-challenge court-of-appeals district-court due-process legal-review military-service standing supreme-court Was the district court's discretion regarding issue A erroneous?
21-6652 Salatheo Fluid v. United States Fourth Circuit 2021-12-17 Denied Response WaivedIFP abuse-of-discretion attorney-representation criminal-procedure district-court federal-criminal-procedure federal-rules-of-criminal-procedure judicial-discretion jurisdiction legal-standing motion-for-new-trial Whether the lower courts abused their discretion in dismissing petitioner's motion for a new trial
21-6663 Asher Abid Khan v. United States Fifth Circuit 2021-12-17 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-deference remand sentencing Did the Court of Appeals fail to accord due deference to the district court's reasons for reimposing the same sentence after remand?
21-6598 Glen Plourde v. Northern Light Acadia Hospital, et al. First Circuit 2021-12-15 Dismissed Relisted (2)IFP abuse-of-discretion civil-procedure civil-rights constitutional-violations due-process procedural-dismissal standing state-actors torture-allegations Does the Fact that the Courts' Decision conflicts with Law mean that the Federal Courts have abused their discretion?
21-6566 Steven Craig Bethea v. United States Fourth Circuit 2021-12-09 Denied Response WaivedIFP abuse-of-discretion constitutional-review criminal-sentencing discretion eighth-amendment judicial-abuse sentencing sentencing-discretion substantive-reasonableness upward-variance Whether the district court erred in sentencing the appellant to a greater sentence than necessary
21-6506 E'Mario C. Allen v. Joseph Noeth, Superintendent, Attica Correctional Facility Second Circuit 2021-12-03 Denied IFP abuse-of-discretion batson-challenge batson-issue constitutional-interpretation federal-habeas federal-habeas-court federal-law habeas-corpus judicial-discretion state-court supreme-court-review Whether the Habeas Court proceeding and adjudication of the claim regarding a Batson issue did not result in a decision that was contrary to, or invol…
21-6431 Vegas D. Smith v. United States Fourth Circuit 2021-11-29 Denied IFP abuse-of-discretion appeals appellate-review career-offender criminal-procedure explanation judicial-discretion procedural-error record sentencing sentencing-modification statutory-interpretation Did the Court of Appeals for the Fourth Circuit commit error when it affirmed the District Court's decision to deny petitioner's motion filed under 18…
21-6335 Chi Mak v. United States Ninth Circuit 2021-11-18 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure judicial-review sentencing sentencing-discretion sentencing-factors statutory-factors statutory-interpretation Whether the district court abused its discretion and acted unreasonably in denying Mak's motion for compassionate release
21-6213 Rosemary I. Mergenthaler v. R. Kenneth Barnard Third Circuit 2021-11-09 Denied IFP abuse-of-discretion bankruptcy bankruptcy-appeal civil-procedure constitutional-rights court-jurisdiction due-process judicial-misconduct justice legal-authority Did the United States Court of Appeals for the Third Circuit criminally abuse and/or exceed its legal authority
21-6220 Jehoni Kierre Williams v. United States Fifth Circuit 2021-11-09 Denied IFP 2255-motion abuse-of-discretion amendment civil-procedure direct-appeal district-court-discretion evidentiary-hearing federal-rules-of-civil-procedure ineffective-assistance-of-counsel notice-of-appeal Whether the District Court denying petitioner's request to Amend is in conflict with The Federal Rules of Civil Procedure Rule 15?
21-6184 Mark Bitzan v. Chris Tripp, Warden, et al. Eighth Circuit 2021-11-04 Denied Response WaivedIFP abuse-of-discretion appellate-review court-discretion court-procedure due-process equal-protection federal-courts habeas-corpus ineffective-counsel petition-for-rehearing Where the U.S. Court of Appeals for the Eight Circuit granted permission to file an overlength Petition for Rehearing and then denies the Petition for…
21-6185 Rodney Smith v. United States Third Circuit 2021-11-04 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing district-court district-court-discretion downward-departure judicial-discretion sentencing-guidelines Was the District Court's decision not to depart downward appropriate?
21-6169 Donald Stephen Yaag v. Renee Baker, Warden, et al. Ninth Circuit 2021-11-03 Denied Relisted (2)IFP abuse-of-discretion civil-rights due-process evidentiary-hearing ineffective-assistance-of-counsel public-defender Whether Petitioner's exculpatory evidence claims reflect actual innocence of sexual assault
21-6126 Jason A. Tobey v. United States Ninth Circuit 2021-10-29 Denied Response WaivedIFP abuse-of-discretion criminal-procedure ineffective-assistance judicial-discretion pretrial-hearing right-to-counsel sixth-amendment trial-continuance When a federal criminal defendant's retained counsel has abandoned him, does a court abuse its discretion by prohibiting the defendant from dischargin…
21-6094 Jabari J. Johnson v. Lewis T. Babcock, Senior Judge, United States District Court for the District of Colorado Tenth Circuit 2021-10-27 Denied IFP abuse-of-discretion civil-procedure due-process frcp-12(c) motion-to-dismiss standing Did the district court abuse its discretion in denying the plaintiff's motion under FRCP 12(c)?
21-5973 Jesus Lopez-Mejia v. United States Fifth Circuit 2021-10-14 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines substantive-reasonableness Whether Petitioner's sentence was substantively unreasonable?
21-5933 Kevin Deon Loggins, Sr. v. Kansas Kansas 2021-10-12 Denied IFP 14th-amendment abuse-of-discretion constitutional-rights due-process equal-protection sentencing speedy-trial whether-the-kansas-state-court-finding-that-petitioner-sentence-is-not-an-illegal-sentence-is-an-abuse-of-discretion-repugnant-to-the-due-process-clau…
21-5935 Alex Adams v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-10-08 Denied IFP abuse-of-discretion access-to-courts civil-rights constitutional-rights due-process exhaustion-of-remedies habeas-corpus judicial-interpretation post-conviction-relief prisoner-rights unnecessary-litigation Whether the lower court abused its discretion by denying the petitioner's procedural claims, including the denial of access to the courts, failure to …
21-508 In Re William J. French, et al. 2021-10-06 Denied abuse-of-discretion class-certification contract-law district-court-discretion economic-discrimination insurance-discrimination long-term-care-insurance qualified-long-term-care-insurance summary-judgment tax-benefits Whether the District Court exceeded its authority and clearly abused its discretion by ordering that the PSJ Motion, which confirms that NML's Scheme …
21-5782 Cenobio Humberto Herrera, Sr., aka Bert Herrera, aka Cenobio Herrera Lanz, aka Cenobio Humberto Lanz v. United States Ninth Circuit 2021-09-24 Denied Response WaivedIFP abuse-of-discretion criminal-procedure custodial-status district-court methamphetamine methamphetamine-production ninth-circuit pseudoephedrine section-3553a sentencing sentencing-discretion Did the Ninth Circuit err in failing to vacate the district court's order based on clearly erroneous facts?
21-5757 Calvin Tinsley v. United States District of Columbia 2021-09-23 Denied Response WaivedIFP 42-usc-1983 abuse-of-discretion civil-rights denial district-court due-process Did the court err in denying petitioner's claim under 42 U.S.C. Code §1983 that the district court abused its discretion in the order of denial?
21-5773 Alex Baah v. AT&T Inc., et al. Ninth Circuit 2021-09-23 Denied IFP abuse-of-discretion alternative-dispute-resolution civil-procedure district-court district-court-discretion motion-for-reconsideration ninth-circuit ninth-circuit-review procedural-rules reconsideration timely-response untimely-response Did the Ninth Circuit Court and the District Court overlook a clear procedural rule?
21-411 Damon B. Cook v. Brian Cates, Warden Ninth Circuit 2021-09-15 Denied Response WaivedRelisted (2) abuse-of-discretion civil-procedure constitutional-rights district-court due-process habeas-corpus insufficient-evidence judicial-discretion motion-to-reconsider rule-60b standing Whether the petitioner DAMON Cook has made a substantial showing of the denial of a constitutional right pursuant to 28 USC 2253(c)(2) in order to obt…
21-5666 William Marcellus Campbell v. United States Eighth Circuit 2021-09-15 Denied IFP 6th-amendment abuse-of-discretion appellate-review confrontation-clause cooperating-witness criminal-procedure de-novo-review sentencing Whether a Defendant's 6th Amendment Confrontation Clause Rights are violated when a district court judge prohibits questions to a cooperating accompli…
21-5667 David Lockmiller v. United States, et al. Ninth Circuit 2021-09-15 Denied Response WaivedRelisted (2)IFP abuse-of-discretion ashcroft-v-iqbal civil-rights constitutional-rights contingency-fee due-process federal-tort-claims-act first-amendment free-speech government-redress petition-clause Whether the Federal Tort Claims Act's limitation on contingency fees violates the First Amendment right to petition the government
21-5688 Larry Donnell Dunlap v. Corizon Health, Inc. Ninth Circuit 2021-09-15 Denied IFP abuse-of-discretion appellate-review civil-procedure disputed-facts facts-unavailable judicial-interpretation legal-standard motion-procedure petitioner respondents summary-judgment Did the trial Court Judge abuse its discretion by granting the Respondents Summary Judgment, when facts were unavailable to Petitioner
21-5603 Alphonse Gainer v. United States Eleventh Circuit 2021-09-08 Denied Response WaivedIFP abuse-of-discretion appeal appellate-discretion criminal-justice criminal-sentencing eleventh-circuit first-step-act motion-for-reconsideration motion-reconsideration sentence-reduction sentencing Whether the United States Court of Appeals for the Eleventh Circuit abused its discretion in denying Gainer's Motion for Reconsideration of Denial of …
21-5624 Ryan Scott Kibble v. United States Fourth Circuit 2021-09-08 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion chronic-health-conditions chronic-health-issues compassionate-release district-court-discretion global-pandemic incarceration pandemic-incarceration sentencing-modification Whether a district court abuses its discretion by refusing to grant compassionate relief
21-353 Ethan Hoggatt, et al. v. Allstate Insurance, et al. Fifth Circuit 2021-09-07 Denied Response Waived abuse-of-discretion fair-credit-reporting-act first-amendment insurance-fraud mississippi-unfair-and-deceptive-trade-practices-a negligence-per-se petition-clause right-to-petition Do Petitioners have an absolute right under the Fair Credit Reporting Act and Mississippi's Unfair and Deceptive Trade Practices Act to have the repor…
21-5557 Chasmind David Miller v. Government Employees Insurance Company, et al. Ninth Circuit 2021-09-01 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-review civil-procedure civil-rights conflict-of-interest court-conflict due-process judicial-discretion procedural-due-process standing summary-judgment Did the appellate court issue a decision that directly conflicted with an earlier decision in a case with the same issues?
21-307 Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. v. John J. Shufeldt Sixth Circuit 2021-08-31 Denied Response Waived abuse-of-discretion circuit-split federal-common-law inconsistent-position judicial-estoppel preliminary-motion standard-of-review Whether a prior court's denial of a preliminary motion based on a litigant's prior inconsistent position constitutes judicial acceptance of that posit…
21-5453 Charles J. Senke v. United States Third Circuit 2021-08-24 Denied Response WaivedIFP abuse-of-discretion circuit-split collateral-review criminal-procedure direct-appeal ineffective-assistance ineffective-assistance-of-counsel right-to-counsel strickland-standard substitution-of-counsel Whether a district court's failure to inquire into an indigent defendant's colorable motion for substitution of counsel is cognizable on direct appeal…
21-5350 Bobby Earl Keys v. United States Fifth Circuit 2021-08-12 Denied Response WaivedIFP abuse-of-discretion appellate-review compassionate-release criminal-procedure district-court-discretion due-process prisoner-release sentencing sentencing-factors standard-of-review statutory-interpretation Did the Fifth Circuit Court of Appeals apply the wrong appellate standard of review?
21-5333 Michael E. Harris v. Anthony Akidi Ninth Circuit 2021-08-10 Denied Relisted (2)IFP abuse-of-discretion civil-procedure civil-rights court-of-appeals discretionary-dismissal jury-demand jury-trial personal-injury prima-facie Did the United States court of appeals error and abuse its discretion, in dismissing the petitioner's prima facie personal injury, civil rights compla…
21-5208 Samuel W. Wani v. George Fox University, et al. Ninth Circuit 2021-07-23 Denied Response WaivedIFP abuse-of-discretion causation discovery discovery-violation expert-testimony fair-trial insurance-policy medical-malpractice medical-records standard-of-care Wani's failure to provide expert testimony regarding the standard of care and causation
21-5126 Kevin Tyrell Beach v. Florida Florida 2021-07-16 Denied Response WaivedIFP abuse-of-discretion constitutional-rights double-jeopardy due-process irreparable-harm mistrial pro-se pro-se-defendant right-to-counsel sanctions Does it constitute 'bad faith conduct' or 'abuse of discretion' when a judge denies a defendant's numerous pre-trial requests for 'stand-by' counsel
21-5084 Donald H. Kimball v. Altoona Police Department, et al. Eighth Circuit 2021-07-13 Denied Response WaivedIFP 2nd-amendment abuse-of-discretion civil-rights constitutional-rights due-process party-presentation second-amendment section-1983 Whether the Eighth Circuit departed from the principle of party presentation, introduced clearly erroneous evidence, and conflicted with Supreme Court…
21-5070 Calvin Bernhardt v. United States Eighth Circuit 2021-07-09 Denied Response WaivedIFP abuse-of-discretion certificate-of-appealability district-court-error eighth-circuit ineffective-assistance motion-to-vacate prima-facie prosecutorial-misconduct Whether the Eight Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in denying…
21-5011 Anthony Farmer v. United States First Circuit 2021-07-06 Denied Response WaivedIFP 18-usc-3553 abuse-of-discretion criminal-justice criminal-law federal-sentencing judicial-discretion public-confidence racial-disparities racial-disparity sentencing sentencing-guidelines statutory-interpretation Whether a district court can or should consider the need to avoid unwarranted racial disparities in sentencing
21-5009 Eddie Tarver v. Maryland Maryland 2021-07-02 Denied Response WaivedIFP abuse-of-discretion appellate-review authentication cell-phone-evidence civil-procedure evidence evidence-authentication harmless-error judicial-discretion photographic-evidence Whether the Court of Special Appeals abused its discretion by deciding that the Circuit Court's error, admitting in evidence certain pictures from a c…
20-8347 Terron McAllister v. United States Fourth Circuit 2021-06-17 Denied Response WaivedIFP abuse-of-discretion criminal-resentencing discretion first-step-act guidelines guidelines-range judicial-discretion resentencing sentence-reduction sentencing sentencing-discretion Whether a District Court abuses its discretion in denying a sentence reduction under the First Step Act
20-8338 Mark Woods v. United States District Court for the Eastern District of Pennsylvania Third Circuit 2021-06-16 Denied Response WaivedIFP abuse-of-discretion appellate-jurisdiction appellate-review civil-procedure court-of-appeals district-court due-process final-judgment jurisdiction mandamus writ-of-procedencia Whether the United States Court of Appeals for the Third Circuit Abused Its discretion in denying petitioner's Writ of Procedendo ad Judicium or Manda…
20-8281 Dominic Franza v. James Stinson, Superintendent, Great Meadow Correctional Facility Second Circuit 2021-06-14 Denied Response WaivedIFP abuse-of-discretion appellate-procedure appellate-review civil-procedure discretion judicial-procedure legal-precedent mandate-recall recall-of-mandate second-circuit Was it an abuse of discretion for the Second Circuit to deny Petitioner's Recall of the Mandate motion
20-1638 Emmanuel Edokobi v. Paul W. Grimm, Judge, United States District Court for the District of Maryland Fourth Circuit 2021-05-25 Denied Response Waived abuse-of-discretion civil-procedure civil-rights due-process fourth-circuit judicial-discretion judicial-misconduct letter-order pre-filing-injunction standing Whether the Fourth Circuit erred in dismissing Petitioner's appeal
20-8134 Erik Jimenez v. Texas Texas 2021-05-25 Denied Relisted (2)IFP 404(b)-exception abuse-of-discretion criminal-procedure evidence-admissibility evidentiary-ruling later-date texas-rule-of-evidence-404(b) texas-rules-of-evidence trial-court trial-procedure Whether the trial court's admissibility of evidence of a later date and not for what defendant was on trial was an abuse of discretion under Texas rul…
20-8098 Mohammad Sohail Saleem v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2021-05-24 Denied IFP abuse-of-discretion appellate-review bias civil-rights constitutional-rights due-process judicial-bias partiality petition-for-rehearing prejudice Did the United States Court of Appeals, for the Third District err in denying Mr. Saleem's Petition for Re-Hearing
20-8041 Douglas E. Kampfer v. Richard Argotsinger, et al. Second Circuit 2021-05-17 Denied Response WaivedIFP abuse-of-discretion civil-rights constitutional-rights due-process oath-of-office pro-se pro-se-plaintiff property-interest Is an oath of office a valid contract under the laws and constitution?
20-7937 Isaac Lee Loggins, Jr. v. United States Eighth Circuit 2021-05-05 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights due-process ineffective-assistance-of-counsel standing Whether the lower courts abused their discretion by not following well-established procedures and instead making decisions for their own convenience, …
20-7888 James Arthur Ross v. Steven Shelton, et al. Ninth Circuit 2021-04-29 Denied Response WaivedIFP abuse-of-discretion appointment-of-counsel civil-procedure civil-rights due-process judicial-discretion medical-treatment pro-se-litigant procedural-fairness standing summary-judgment Did the District Court abuse its discretion in refusing to appoint counsel?
20-7842 Eliu Elixander Lorenzana-Cordon v. United States District of Columbia 2021-04-26 Denied Response WaivedIFP abuse-of-discretion district-court-procedure due-process extradition extradition-notice international-law judicial-discretion jurisdiction motion-for-new-trial notice treaties treaty-violation Did the District Court abuse its discretion by denying the motion for a new trial without taking into consideration that the document of extradition t…
20-7795 Antwan Lamar Hutchinson v. United States Sixth Circuit 2021-04-19 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-procedure competency competency-hearing criminal-procedure drope-standard due-process mental-health procedural-review sixth-circuit standard-of-review Should the Court reverse the Sixth Circuit's modified version of the three-factor legal test in Drope v. Missouri
20-1451 Tracy Nixon v. General Motors Corporation Federal Circuit 2021-04-16 Rehearing Relisted (2) abuse-of-discretion civil-procedure due-process evidence judicial-review standing Whether the U.S. District Court erred in its decision adopting the Magistrate Judge's order
20-7773 Ganiyu Ayinla Jaiyeola v. Toyota Motor Corporation, et al. Sixth Circuit 2021-04-16 Denied Response WaivedIFP abuse-of-discretion circuit-split civil-procedure daubert-standard discovery-deadline expert-report inter-circuit-split intra-circuit-split motion-procedure sanction-standard sanctions Whether the United States Court of Appeals for the Sixth Circuit created an intra-circuit and inter-circuit split by wrongly deciding that the Distric…
20-7650 In Re Bo Zou 2021-04-02 Denied IFP abuse-of-discretion contempt copyright-infringement judicial-discretion judicial-disqualification judicial-ethics judicial-misconduct liljeberg-standard magistrate-disqualification perjury procedural-irregularity How did the United States Court of Appeals for the Tenth Circuit disregard and ignore the facts and factual evidence, and prohibition criteria, which …
20-7652 Lawrence L. Colton v. J. A. Terris, Warden Sixth Circuit 2021-04-02 Denied Response WaivedIFP abuse-of-discretion appellate-review civil-procedure district-court due-process habeas-corpus interests-of-justice procedural-validity sixth-circuit writ-of-certiorari Whether the district court abused its discretion in determining the appropriateness of a habeas corpus petition
20-1345 Keith Arnold v. City of Auburn, Washington Washington 2021-03-24 Denied abuse-of-authority abuse-of-discretion administrative-law appellate-review civil-rights due-process judicial-discretion municipal-harassment parking-regulation parking-ticket Has the City of Auburn committed harassment under the cover of abuse of a position of authority against petitioner by giving petitioner a parking tick…
20-7458 Promila Rajput v. Tiffany Terrell, et al. Virginia 2021-03-16 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights court-misconduct due-process injunctive-order judicial-discretion misconduct procedural-abuse secured-rights standing witness-tampering Whether the injunctive rulings manifest improper purpose to tamper with the petitioner presenting as a witness, diminish the petitioner's secured righ…
20-1256 Malcolm A. French v. United States First Circuit 2021-03-10 Denied Response Waived abuse-of-discretion appellate-review criminal-procedure impartial-jury juror-bias juror-mendacity mcdonongh-test right-to-jury standard-of-review structural-error When a criminal defendant claims the structural error of deprivation of the right to trial by an impartial jury, is that claim appropriately reviewed …
20-7216 Antwan Seawood v. United States Eighth Circuit 2021-02-24 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing dismissed-charges fifth-amendment sentencing sentencing-discretion sixth-amendment Did the District Court abuse its discretion and violate Appellant's Fifth and Sixth Amendment rights by sentencing him to a term of 240 months based u…
20-1156 Alan H. Olefsky v. Illinois Department of Financial and Professional Regulation, et al. Illinois 2021-02-23 Denied Response WaivedRelisted (2) abuse-of-discretion administrative-discretion administrative-law agency-review disciplinary-action due-process medical-license medical-license-suspension mitigating-circumstances past-discipline Whether the IDFPR's Final Order indefinitely suspending Petitioner's medical license for two years pursuant to the first order on remand, or one year …
20-7034 Kelli Renee Bullard v. United States Fifth Circuit 2021-02-04 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing defendant-rehabilitation district-court-discretion due-process judicial-review rehabilitation sentencing sentencing-reasonableness statutory-maximum Did the district court impose a substantively unreasonable sentence of 60 months imprisonment—the statutory maximum—when it did so with a blind eye to…
20-7015 Sabina Leigh Burton v. Board of Regents of the University of Wisconsin System, et al. Seventh Circuit 2021-02-02 Denied IFP abuse-of-discretion civil-procedure discovery-violations fraud-on-court fraud-on-the-court judicial-discretion rule-37 rule-60(b)(6) rule-60b speedy-trial-act Whether discovery violations can constitute fraud on the court
20-6991 Edwin Jurado-Nazario v. United States First Circuit 2021-02-01 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process first-circuit judicial-discretion reasonableness reasonableness-review sentencing Whether the sentence imposed is unreasonable
20-1020 Donald Chimaobi Okoro v. Texas Texas 2021-01-28 Denied Response Waived abuse-of-discretion appellate-review due-process fact-finding findings-of-fact judicial-review legal-contradiction procedural-error standard-of-review trial-court trial-court-findings Does an Appellate Court fail to provide meaningful appellate review when it adopts a Trial Court's findings of fact when those findings contradict the…
20-6895 Raheem Jefferson Brennerman v. United States Second Circuit 2021-01-15 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-defendant criminal-procedure due-process judicial-discretion judicial-review liberty second-circuit trial-court Whether the abuse of discretion standard is Constitutionally impermissible where a trial court deprived a criminal defendant of his Constitutional rig…
20-6844 Jose Angel Torres v. United States Fifth Circuit 2021-01-12 Denied Response WaivedIFP abuse-of-discretion fair-trial federal-rules-of-evidence hearsay rule-of-completeness video-evidence Is a Defendant denied a Fair Trial when a District Court Finds that additional video evidence is admissible under the Rule of Completeness to prevent …
20-904 Deborah Holter v. City of Mandan, North Dakota North Dakota 2021-01-05 Denied abuse-of-discretion due-process fourteenth-amendment governmental-action judicial-discretion property-rights special-assessment special-assessments takings village-of-norwood-v-baker Whether a governmental entity properly considers the special benefits accruing to an assessed property when paying a nominal portion of the total cost…
20-6750 In Re Mark Marvin 2020-12-31 Denied Response WaivedIFP abuse-of-discretion access-to-court civil-rights due-process equitable-relief property-rights Whether the Fifth Circuit Court of Appeals erred in denying Mark Marvin access to the court by imposing frivolous paperwork and submission obstacles
20-6724 Kaseem Alexander v. United States Eleventh Circuit 2020-12-30 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment abuse-of-discretion civil-rights criminal-procedure downward-variance due-process gun-range property-rights search-and-seizure sentencing-guidelines standing target-shooting Whether the government's warrantless search of a person's home and seizure of their property violates the Fourth Amendment's protection against unreas…
20-6638 Raheem Jefferson Brennerman, aka Jefferson R. Brennerman, aka Ayodeji Soetan v. United States Second Circuit 2020-12-16 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-defendant criminal-procedure due-process judicial-discretion judicial-review liberty second-circuit trial-court Whether the abuse of discretion standard is Constitutionally impermissible where the trial court deprived a criminal defendant of his Constitutional r…
20-6556 Harvey Bass v. United States Eleventh Circuit 2020-12-08 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing due-process federal-sentencing-guidelines statutory-interpretation Whether certiorari review should be granted where the Eleventh Circuit affirmed Bass' sentence where Bass' sentence was unreasonable in light of the s…
20-6510 Lawrence W. Ford v. Anita L. Budde Nevada 2020-12-02 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-review due-process judicial-discretion judicial-integrity judicial-review plain-error pro-se Whether the appellate court abused its discretion in mischaracterizing the trial court record and relying on erroneous facts
20-6471 Israel Washington v. United States Ninth Circuit 2020-12-01 Denied Response WaivedIFP abuse-of-discretion civil-procedure court-standard due-process judicial-discretion legal-standard standard-of-review testimony-readback trial-procedure Whether the district court abused its discretion in denying a request for the readback of testimony
20-745 Ismael Lechuga v. United States Fifth Circuit 2020-12-01 Denied Response RequestedResponse WaivedRelisted (2) abuse-of-discretion circuit-split due-process federal-procedure fifth-circuit impartiality judicial-impartiality judicial-recusal sentencing sentencing-procedure standard-of-review Whether federal circuit courts should review the denial of a motion to recuse a district judge under 28 U.S.C. § 455(a) de novo or for an abuse of dis…
20-6437 Tommy Pena v. United States Tenth Circuit 2020-11-25 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-sentencing reasonableness reasonableness-standard sentencing-guidelines sentencing-review upward-variance Whether the Tenth Circuit's toothless standard for reviewing the reasonableness of an upward variance is contrary to this Court's case law, United Sta…
20-6417 Edwin Omar Almonte-Nunez v. United States First Circuit 2020-11-24 Denied Response WaivedIFP 18-usc-2112 abuse-of-discretion counsel-substitution crime-of-violence double-jeopardy due-process party-presentation resentencing sentencing-review Did the district court adequately vet Mr. Almonte-Nufiez's dissatisfaction with his counsel?
20-6406 Jeffrey Neal Cuddington v. United States Fifth Circuit 2020-11-23 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split history-and-characteristics preservation-of-error procedural-reasonableness sentencing sentencing-procedure substantive-reasonableness what-is-required-to-preserve-procedural-reasonableness-claim
20-6384 Owen McCants v. Steven Silva First Circuit 2020-11-19 Denied IFP abuse-of-discretion appeals criminal-procedure due-process evidence-sufficiency federal-law-violation ineffective-counsel judicial-discretion judicial-review pretrial-procedure prosecutorial-misconduct standard-of-review Whether the trial court, appeals court, and Supreme Judicial Court abused their discretion?
20-650 Stadtwerke Frankfurt am Main Holding GmbH v. RWE Trading Americas Inc. Second Circuit 2020-11-13 Denied Response Waived abuse-of-discretion civil-procedure corporate-control discovery discovery-compliance document-search evidence-sufficiency judicial-discretion possession-custody-control reasonable-search subpoena subpoena-standard Whether the district court applied the wrong standard in concluding that the subpoena target's search was adequate and quashing the subpoena
20-665 Damon B. Cook v. George M. Galaza, Warden Ninth Circuit 2020-11-13 Denied abuse-of-discretion civil-rights cruel-and-unusual-punishment due-process felony-murder habeas-corpus ineffective-assistance-of-counsel reasonable-doubt rule-60(b)(6) sentencing Whether the petitioner Damon C. Cook had a constitutional right to a certificate of appealability
20-6278 Bodhisattva Skandha v. Gloriann Moroney Massachusetts 2020-11-12 Denied IFP abuse-of-discretion application-of-law attorney-general civil-procedure claim court-discretion facts false-statements fraud jurisdiction legal-procedure official-document parole-board representation standing supreme-court tort tort-claim Whether making false statements in an official doc Whether the defendant is allowed to represent the Whether the respondent was required to apply the l Whether the lower court abused its discretion by not allowing the tort claim to go forward?
20-616 Stephen Durr v. Department of the Army, et al. District of Columbia 2020-11-09 Denied Response Waived abuse-of-discretion appellate-review civil-procedure constitutional-law due-process judicial-review legal-interpretation motion-to-vacate procedural-rights standing statute-claim statutory-interpretation Did The U.S. District Court (Washington, DC), Abuse The U.S. Court Of Appeals (Washington DC) Abuse Discretion In The Denial Of The Petitioner Motion …
20-6235 Mario Montano v. Court of Appeals of Michigan Michigan 2020-11-05 Denied Response WaivedIFP abuse-of-discretion access-to-courts court-sanctions due-process indigent-litigants indigent-rights judicial-abuse judicial-authority legal-merit procedural-fairness sanctions Did the Michigan Supreme Court abuse its authority by sanctioning the indigent Petitioner $1000 payable to the Clerk of the Court that it knew he coul…
20-6238 Demon O'Neil Parker v. United States Fourth Circuit 2020-11-05 Denied Response WaivedIFP abuse-of-discretion cell-site-location-information constitutional-review criminal-sentencing first-step-act fourth-amendment fourth-amendment-violation reasonable-expectation-of-privacy rehabilitation search-and-seizure sentence-reduction standing Whether the Fourth Amendment's prohibition on unreasonable searches and seizures applies to the government's acquisition of historical cell-site locat…
20-6119 In Re Nira Woods 2020-10-23 Denied IFP abuse-of-discretion amendment-violation civil-rights constitutional-rights court-reporter due-process equal-protection judicial-recusal recusal standing superior-court Were Petitioner's Constitutional Rights violated (including the 15+, 5th, and 14th Amendment(s))
20-6124 Jose Maria Loaiza-Gaspar v. United States Fifth Circuit 2020-10-23 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process guideline-sentence ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw reasonableness sentencing sentencing-guidelines Whether the United States Court of Appeals for the Sixth Circuit abused its discretion when it granted appointed counsel's motion to withdraw and dism…
20-483 Artem Koshkalda v. Seiko Epson Corporation, et al. Ninth Circuit 2020-10-14 Denied abuse-of-discretion appellate-review case-termination civil-procedure district-court due-process federal-rules-civil-procedure legal-order ninth-circuit sanctions Did the district court err in imposing case-terminating sanctions?
20-5899 Bodhisattva Skandha v. William Bates Massachusetts 2020-10-05 Denied Response WaivedIFP abuse-of-discretion case-dismissal civil-procedure court-jurisdiction dismissal due-process judicial-procedure pure-land-buddhism religious-rights standing trial-court trial-court-discretion Whether The Trial Court Abused Its Discretion By Dismissing The Case?
20-5800 Robert L. Rose v. Lynn Guyer, Warden, et al. Ninth Circuit 2020-09-25 Denied Response WaivedIFP abuse-of-discretion appellate-review certificate-of-appealability discretionary-ruling federal-rules-civil-procedure federal-rules-of-civil-procedure habeas-corpus judicial-procedure reasonable-jurists rule-70(a) Whether a certificate of appealability is required to appeal an order denying a motion for enforcement made pursuant to Rule 70(a) of the Federal Rule…
20-331 Donald J. Trump, President of the United States v. District of Columbia, et al. Fourth Circuit 2020-09-14 GVR Amici (2)Relisted (2) abuse-of-discretion district-court domestic-emoluments emoluments-clause foreign-emoluments interlocutory-appeal legal-error mandamus motion-to-dismiss presidential-immunity Whether a writ of mandamus is appropriate to correct the district court's denial of the President's motion to dismiss and refusal to certify an interl…
20-5657 Eric Bernard Scott v. United States District Court for the Southern District of Georgia Eleventh Circuit 2020-09-11 Denied IFP abuse-of-discretion appellate-review civil-procedure court-of-appeals due-process judicial-discretion jurisdiction legal-review mandamus procedural-error standing Whether the United States Court of Appeals abused its discretion
20-5561 Craig Edward Hunnicutt, Jr. v. United States Sixth Circuit 2020-09-03 Denied Response WaivedIFP abuse-of-discretion appellate-review discretion federal-sentencing first-step-act guidelines judicial-discretion motion-denial sentence-reduction sentencing Whether the Sixth Circuit erred by refusing to review the denial of the defendant's First Step Act motion
20-5497 Marcus Simpson v. Court of Common Pleas of Ohio, Hamilton County, et al. Ohio 2020-08-26 Dismissed Response WaivedRelisted (2)IFP abuse-of-discretion civil-rights criminal-procedure due-process judicial-usurpation mandamus perjury wrongful-conviction Whether perjury has amounted to and causes one or both the judicial usurpation of power or abuse of discretion by the trial court, therefore mandamus …
20-5478 Fernando Hernandez v. United States First Circuit 2020-08-25 Denied Response WaivedIFP abuse-of-discretion criminal-procedure discretion domestic-violence drug-trafficking due-process sentencing sentencing-discretion Was Hernandez' due process rights violated when the district court abused its discretion in relying on Hernandez' domestic violence past in sentencing…
20-5474 Montez L. Clayton v. United States Eighth Circuit 2020-08-24 Denied Response WaivedIFP abuse-of-discretion constitutional-rights cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel sentencing Whether the petitioner's sentence was unconstitutionally excessive
20-5439 Jesse Santibanez v. United States Fifth Circuit 2020-08-21 Denied Response WaivedIFP ABUSE-OF-DISCRETION CONFRONTATION-CLAUSE confrontation-right CRIMINAL-PROCEDURE CROSS-EXAMINATION district-court-discretion SIXTH-AMENDMENT WITNESS-CREDIBILITY witness-testimony Did the District Court violate Santibanez's Sixth Amendment right to confront witness Evangeline Perez Vela against him?
20-5361 Luis Torres-Marquez v. United States Ninth Circuit 2020-08-14 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing discretion gall-v-united-states judicial-discretion presumption-of-reasonableness sentencing-guidelines standard-of-review Whether the sentencing court meaningfully exercised its discretion in applying the guidelines
20-5340 Tanveer S. Majid v. Central Intelligence Agency Fourth Circuit 2020-08-12 Denied Response WaivedIFP abuse-of-discretion administrative-procedure agency-complaint civil-procedure civil-rights dismissal due-process federal-courts harassment-claim judicial-dismissal standing Are the Federal Courts abusing their dismissal powers?
20-5293 Stanley P. Bates v. United States Fifth Circuit 2020-08-06 Denied Response WaivedIFP abuse-of-discretion circuit-split criminal-sentencing position-of-trust position-of-trust-enhancement procedural-reasonableness sentencing-guidelines standard-of-review When reviewing the interpretation of the 'position of trust' enhancement under Sentencing Guideline §3B1.3, does a court of appeals apply a de novo st…
20-5298 Rodney A. Smith v. Susan Barker, et al. Tenth Circuit 2020-08-06 Denied IFP abuse-of-discretion appellate-review civil-procedure court-of-appeals de-novo frivolous frivolous-complaint informa-pauperis judicial-discretion standard-of-review Whether dismissal of informa pauperis complaint as frivolous is properly reviewed for abuse of discretion and it wass error for court of appeals to re…
20-5199 Robert Lee Simms v. California California 2020-07-29 Denied IFP abuse-of-discretion civil-procedure civil-rights dismissal due-process standing Did the court abuse its discretion in dismissing the petitioner's claims?
20-5167 Jean McIntosh v. United States Third Circuit 2020-07-24 Denied Response WaivedIFP abuse-of-discretion appellate-review civil-procedure due-process jurisdiction standing Was the Court of Appeals decision to dismiss the appeal in error?
20-5128 Vernon Chapman v. United States Seventh Circuit 2020-07-21 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure due-process evidentiary-hearing exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-consequences Whether the defendant was denied effective assistance of counsel when the attorney did not follow the advice of several experts advising him on how to…
20-5098 Mikhail Tsukerman v. Western Community Unit School District No. 12 Seventh Circuit 2020-07-17 Denied IFP abuse-of-discretion case-dismissal circuit-split civil-procedure due-process federal-rules judicial-discretion procedural-uniformity res-judicata standing uniformity-of-opinion Whether courts should protect plaintiffs from paying defendants' expenses from previously dismissed actions
20-5005 Archie Lee Williams v. United States Eleventh Circuit 2020-07-09 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure due-process harmless-error plea-withdrawal substantial-rights Did the Eleventh Circuit err in affirming the district court's denial of the Petitioner's motion to withdraw his plea and was it was it an abuse of di…
19-8912 Giezi Arce-Calderon v. United States First Circuit 2020-07-07 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing due-process guideline-range guideline-sentence judicial-discretion plea-agreement plea-bargaining sentencing sentencing-guidelines substantive-reasonableness Whether the sentence imposed on Mr. Arce is substantively unreasonable
19-1463 Sandra Jean Oliver v. James C. Oliver, Jr., et al. Mississippi 2020-07-07 Denied Response WaivedRelisted (2) abuse-of-discretion chancery-court civil-procedure constitutional-rights due-process equal-protection jurisdiction recusal rule-60 standing void-judgment Whether four orders issued by the chancery court, when the court did not have jurisdiction over the Petitioners, should be held as void and vacated pu…
19-8877 Patrick D. Lomas v. United States Fifth Circuit 2020-07-01 Denied Response WaivedIFP abuse-of-discretion criminal-procedure discretion fair-sentencing-act first-step-act judicial-discretion section-404 sentencing sentencing-reduction statutory-interpretation Did the District Court abuse its discretion in denying Petitioner's motion for sentence reduction under the First Step Act and Fair Sentencing Act?
19-8829 Anastasia Purnell v. United States Ninth Circuit 2020-06-26 Denied Response WaivedIFP abuse-of-discretion civil-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure judicial-interpretation pro-se rule-of-law standing Should courts be held responsible for abuse of discretion when failing to follow the rule of law as written?
19-8830 Justin Michael Oxendine v. United States Fourth Circuit 2020-06-26 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-court criminal-procedure due-process federal-sentencing federal-sentencing-guidelines judicial-discretion legal-standard sentencing sentencing-guidelines upward-variance Whether the district court abused its discretion by varying upward
19-8833 Christopher Mann v. Maryland Maryland 2020-06-26 Denied Response WaivedIFP abuse-of-discretion constitutional-review criminal-appeal criminal-procedure ineffective-assistance ineffective-assistance-of-counsel maryland-court-of-appeals prejudice strickland-prejudice strickland-test weaver-precedent weaver-v-massachusetts Has the Maryland Court of Appeals abused its discretion by applying Weaver v. Massachusetts to mandate looking at the strength of the prosecution's ca…
19-8732 Efrain Leyva Hernandez v. United States Ninth Circuit 2020-06-17 Denied Response WaivedIFP abuse-of-discretion accurate-information criminal-procedure due-process judicial-discretion ninth-circuit record sentencing speculative-inference speculative-inferences Does a district court violate a defendant's due process right to be sentenced based on accurate information and abuse its discretion when it imposes a…
19-8693 Nathan Thomas Trujillo v. United States Ninth Circuit 2020-06-12 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing district-court-procedure judicial-discretion kimbrough-v-united-states kimbrough-variance policy-grounds sentencing sentencing-guidelines variance Whether the district court abused its discretion in sentencing
19-1359 Michelle Dawn Murphy v. City of Tulsa, Oklahoma Tenth Circuit 2020-06-11 Denied an abuse of discretion because it violates the pa and wrong factually about the issue it reached ou which was based on an issue not presented on appe abuse-of-discretion appellate-procedure appellate-review civil-procedure due-process party-presentation sineneng-smith standing summary-judgment tenth-circuit united-states-v-sineneng-smith Is the Tenth Circuit's affirmance of summary judgment in favor of Defendant-Appellee City of Tulsa an abuse of discretion?
19-8604 Dontarius Marquis Hall v. United States Fourth Circuit 2020-06-04 Denied Response WaivedIFP abuse-of-discretion criminal-procedure drug-sentencing due-process ineffective-assistance-of-counsel sentencing Whether the Fourth Circuit Court of Appeals erred in denying the defendant's arguments
19-8569 Brandon S. Wilson v. United States Seventh Circuit 2020-05-29 Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a abuse-of-discretion criminal-procedure district-court-discretion due-process procedural-error sentencing sentencing-reasonableness supervised-release Is Mr. Wilson's sentence procedurally and substantively infirm because the district court failed to consider the factors under 18 USC §3553(a) or offe…
19-8558 David Hardman v. United States Eleventh Circuit 2020-05-28 Denied Response WaivedIFP abuse-of-discretion Anders-review appeal-waiver breach-of-plea-agreement criminal-procedure jurisdiction Did the circuit court err in refusing to make a determination of the validity of the appeal waiver during a review of the record, pursuant to Anders v…
19-8560 Ricardo Noble v. Pennsylvania Pennsylvania 2020-05-28 Denied IFP abuse-of-discretion appellate-procedure court-order criminal-procedure due-process judicial-discretion legal-appeal motion-correction self-representation sentencing transcript transcript-error did-court-err-and-abuse-discretion-by-erroneously-quashing-as-untimely-petitioner's-pro-se-appeal
19-8372 Abdul Hakiym Ismaiyl v. Donald C. Nugent Sixth Circuit 2020-04-28 Denied IFP abuse-of-discretion appellate-review circuit-court-review clearly-erroneous clearly-erroneous-standard factual-findings frivolous-claims in-forma-pauperis judicial-discretion record-review standard-of-review Whether a Circuit court abdicates its duty by accepting clearly erroneous factual findings without reviewing the record
19-8290 Robert Taylor v. Pennsylvania, et al. Third Circuit 2020-04-17 Denied Response WaivedIFP abuse-of-discretion appellate-procedure appellate-review circuit-court-discretion civil-procedure constitutional-rights due-process evidence-standard federal-rules-of-civil-procedure federal-rules-of-procedure procedural-due-process standing Did The Circuit Court Abuse Its Discretion?
19-1168 Mirek Machala v. Libuse Kral, et al. District of Columbia 2020-03-25 Denied Response Waived abuse-of-discretion civil-procedure due-process equal-protection fourteenth-amendment judicial-discretion procedural-due-process standing summary-judgment Whether Petitioner's due process right was violated
19-8091 Vernon Wayne Officer v. Washington Washington 2020-03-24 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-defense due-process fair-trial ineffective-counsel judicial-discretion pro-se-defendant right-to-counsel sixth-amendment trial-procedure Whether the denial of the defendant's request for re-appointment of counsel during his jury trial violated his Sixth Amendment right to counsel
19-8055 Corey Jones v. United States Second Circuit 2020-03-23 Denied Response WaivedIFP abuse-of-discretion appellate-review constitutional-rights criminal-procedure due-process judicial-discretion judicial-review sentencing supervisory-power Whether the Court should exercise its supervisory power to order further consideration of the petitioner's sentence for biting a finger
19-7998 Paul Anthony Montanez v. United States Fifth Circuit 2020-03-16 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion reasonableness reasonableness-standard sentencing sentencing-guidelines Did the district court impose a plainly unreasonable sentence upon Mr. Montanez?
19-7956 Molly Tsai v. Robert Wilkie, Secretary of Veterans Affairs First Circuit 2020-03-13 Denied Response WaivedIFP abuse-of-discretion circuit-court civil-rights comparator-evidence employment-discrimination evidence-exclusion evidentiary-standards judicial-discretion minority-rights probationary-period standard-of-review Did the First Circuit Judge err and abuse her discretion in excluding evidence concerning a minority employee terminated during her probationary perio…
19-7959 John Tedesco v. Tammy Ferguson, Superintendent, State Correctional Institution at Graterford, et al. Third Circuit 2020-03-13 Denied IFP abuse-of-discretion access-to-courts civil-rights court-access due-process grievance-process injunctive-relief personal-involvement retaliation Was the plaintiff entitled to injunctive relief?
19-7982 Alex Penland v. Ohio Ohio 2020-03-13 Denied IFP abuse-of-discretion criminal-conviction criminal-procedure due-process evidence false-testimony habeas-corpus judicial-fraud legal-remedy post-conviction-relief prosecutorial-misconduct trial-court-discretion Does the trial court abuse its discretion when it failed to entertain Penland's claim that his conviction was tainted by fraud when the prosecutor kno…
19-7890 Kevin Michael-Ferdinand Richards v. Michigan Michigan 2020-03-06 Denied IFP abuse-of-discretion coercion constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel plea-coercion plea-understanding plea-withdrawal trial-court-discretion Did The Trial Court Abuse Its Discretion When It Denied Plea Withdrawal Under MCR 6.310(B)?
19-7898 Richard C. Murphy v. United States Third Circuit 2020-03-06 Denied Response WaivedIFP abuse-of-discretion appeals appellate-review attorney-client attorney-client-relationship civil-procedure civil-rights counsel-ethics due-process judicial-discretion legal-ethics legal-representation procedural-integrity representation standing Did the Third Circuit Court of Appeals abuse their discretion by allowing counsel to continue representation after counsel documented his unwillingnes…
19-7853 Jaime Monzon-Silva v. United States Ninth Circuit 2020-03-03 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process evidence evidentiary-ruling fugitive judicial-discretion jury-evidence jury-instructions legal-standard trial-procedure Did the district court abuse its discretion by permitting a jury to hear evidence that Petitioner believed he was a 'wanted fugitive,' evidence that d…
19-7800 Donald Sheman Bush v. United States Fourth Circuit 2020-02-27 Denied Response WaivedIFP abuse-of-discretion circuit-split de-novo de-novo-review evidence-admissibility evidence-rule-404b evidentiary-rules federal-rules-of-evidence-404(b) legal-interpretation other-acts rule-404b standard-of-review Whether evidence falls within Rule 404(b)
19-7740 Yolanda Bell v. United States Fourth Circuit 2020-02-24 Denied Response WaivedIFP abuse-of-discretion appellate-review case-dismissal civil-rights collateral-order disability disability-accommodation disability-rights due-process interlocutory-appeal judicial-discretion judicial-process motion-denial reasonable-accommodation Did the Court of Appeals commit legal error and abuse their discretion when denying Petitioner's appeal of the district courts denial of her motions r…
19-7720 Lamont Jones v. United States Fourth Circuit 2020-02-21 Denied Response WaivedIFP 4th-circuit-court abuse-of-discretion co-conspirator-hearsay co-conspirator-hearsay-exception criminal-association criminal-history district-court-conviction hearsay-exception mental-health racketeering-conspiracy racketeering-conspiracy-18-usc-1962(d) sentencing sentencing-discretion sentencing-mental-health-treatment sufficient-evidence uncorroborated-confession Did the 4th Circuit Court of Appeals abuse its discretion in upholding the District Court's conviction?
19-7702 Douglas Cornell Jackson v. Leah Berean, et al. Sixth Circuit 2020-02-19 Denied Relisted (2)IFP abuse-of-discretion access-to-courts civil-rights civil-rights-retaliation court-access due-process equal-protection indigent-rights judicial-discretion pro-se-litigant pro-se-litigation retaliation retaliation-claims standing Whether the U.S. Court of Appeals and U.S. District Court decisions conflict with the formulation describing retaliation claims within the U.S. Circui…
19-7644 George Jones v. Cindy Griffith, Warden Eighth Circuit 2020-02-12 Denied Response WaivedRelisted (2)IFP abuse-of-discretion alford-plea appeal credibility direct-appeal expert-witness expert-witness-credibility ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies prejudice sentencing-discrepancy trial-court-discretion Has prejudice been shown-where defense counsel fails to investigate the credibility of the Defense's expert witness
19-7578 Ray Edward Barry v. Patrick Warren, Warden Sixth Circuit 2020-02-06 Denied Response WaivedIFP abuse-of-discretion binding-over brady-violation circuit-court criminal-procedure dna-testing due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel ineffective-counsel lost-evidence prosecutorial-misconduct quash-information Did The District Court Abused Its Discretion In Binding Over To Circuit Court And The Circuit Court Erred In Refusing To Quash The Information?
19-7492 Inger L. Jensen v. United States Eleventh Circuit 2020-01-30 Denied Response WaivedIFP 28-usc-2255 abuse-of-discretion evidentiary-hearing habeas-corpus habeas-corpus-28-usc-2255 harmless-error ineffective-assistance-of-counsel standard-of-review Whether the district court erred in denying an evidentiary hearing on petitioner's 28 U.S.C. § 2255 claim
19-7471 Barbara E. Brown v. San Bernardino County, California, et al. Ninth Circuit 2020-01-29 Denied Response WaivedRelisted (2)IFP abuse-of-discretion civil-procedure civil-rights due-process judicial-misconduct standing Whether the Te iscait Judges erred in the dissmissol of His pettion, ih @greeance with District Court Sudje Cony!
19-7463 Terrance A. Burlison v. David R. Ellspermann, Individually and in His Official Capacity as Clerk of Court for Marion County, Florida Florida 2020-01-28 Denied Response WaivedIFP abuse-of-discretion appellate-review attorney-fees civil-procedure civil-rights due-process judicial-discretion legal-procedure sec-1988 statutory-interpretation Whether the Florida Court of Appeals for the Fifth District abused its discretion in awarding defendant attorney's fees pursuant to sec. 1988
19-7416 James P. Griffin v. United States Second Circuit 2020-01-24 Denied Response WaivedIFP abuse-of-discretion calculation-error civil-procedure continuance criminal-procedure due-process fifth-amendment financial-penalties forfeiture medical-hardship medical-issues restitution restitution-calculation sentencing sixth-amendment trial-continuance trial-court trial-court-discretion Whether the amount of restitution and forfeiture w Whether the trial court abused its discretion in denying a continuance due to medical problems
19-7374 In Re John Wallace 2020-01-22 Denied Relisted (2)IFP abuse-of-discretion appeals civil-procedure court-of-appeals due-process judicial-authority judicial-discretion mandamus procedural-error sanctions standing three-strikes three-strikes-law three-strikes-statute whether-magistrate-judge-exceeded-authority-in-issuing-strike
19-7296 In Re Gilbert M. Martinez 2020-01-15 Denied Response WaivedRelisted (2)IFP abuse-of-discretion administrative-discretion administrative-law disability-benefits due-process evidence gerd medical-evidence property-tax-exemption rheumatoid-arthritis social-security social-security-administration-discretion social-security-disability Did the Social Security Administration abuse its discretion holding that plaintiff is ineligible for Social Security disability benefits after claiman…
19-7240 Damon S. Allen-Bey v. Michigan State Treasurer Michigan 2020-01-10 Denied IFP 14th-amendment abuse-of-discretion administrative-rules constitutional-rights due-process judicial-discretion miscarriage-of-justice prisoner-funds restitution standard-of-review Whether the trial court violated the defendant's constitutional rights by abusing its discretion in rendering a decision contrary to law, resulting in…
19-7176 David P. Moran v. Florida Florida 2020-01-08 Denied Response WaivedIFP abuse-of-discretion bias due-process judicial-bias judicial-ethics judicial-misconduct post-conviction-relief recusal trial-procedure Should recusal of a judge be allowed during the post conviction relief phase if the prejudice and bias of the trial judge is apparent on the face of t…
19-842 Mark J. Schwartz v. Clark County, Nevada, et al. Ninth Circuit 2020-01-03 Denied abuse-of-discretion civil-procedure civil-rights district-court-discretion federal-jurisdiction judicial-bias qualified-immunity section-1983 seniority-manipulation state-law supplemental-jurisdiction Does the district court abuse its discretion when it fails to differentiate between federal and state law claims under 28 U.S.C. §1367?
19-7155 Russell DeFreitas v. Gregory A. Kizziah, Warden Sixth Circuit 2020-01-02 Denied Response WaivedIFP abuse-of-discretion actual-innocence constitutional-rights double-jeopardy due-process habeas-corpus habeas-corpus-2241 ineffective-assistance ineffective-assistance-of-counsel sixth-amendment statutory-interpretation Whether Sixth Circuit's precedent supersedes and adoption of district court's arbitrary abuse of authority, prohibits petitioner's 28 USC 2241's statu…
19-7132 Ric Thomason, Jr. v. United States Eleventh Circuit 2019-12-31 Denied Response WaivedIFP abuse-of-discretion criminal-procedure defendant-presence defendant-rights district-court-discretion due-process judicial-procedure modified-sentence resentencing sentencing Whether the district court abused its discretion in failing to hold a resentencing hearing, with the defendant present, prior to imposing a modified s…
19-7085 Ratha Oeur v. County of Los Angeles, California California 2019-12-30 Denied Response WaivedRelisted (2)IFP abuse-of-discretion child-support continuance de-novo de-novo-review due-process family-law income-expense-declaration standard-of-review unexpected-event Does this Court of Appeal's Opinion conflict with the Court of Appeal's decision in In re the Marriage of Tydlaska?
19-7105 Miguel Jilberto Vazquez-Chavarria v. United States Fifth Circuit 2019-12-30 Denied Response WaivedIFP 18-usc-3553a abuse-of-discretion appellate-review criminal-sentencing due-process judicial-discretion remand sentencing-factors sentencing-guidelines sentencing-review statutory-interpretation substantive-reasonableness whether-substantive-reasonableness-review-requires-or-permits-the-courts-of-appeals-to-reweigh-the-18-usc-3553a-factors
19-7107 Joseph Thor Perkins v. United States Eighth Circuit 2019-12-30 Denied Response WaivedIFP 18-usc-3553a 3553(a)-factors abuse-of-discretion booker-v-united-states criminal-sentencing downward-variance federal-sentencing-procedure gall-v-united-states judicial-discretion sentencing-discretion sentencing-guidelines statutory-interpretation Whether a sentencing court can abuse its discretion by not varying downward further
19-7033 Ali Darwich v. United States Sixth Circuit 2019-12-20 Denied Response WaivedIFP abuse-of-discretion appeals-court appellate-procedure civil-procedure civil-procedure-rule-60-b-6 district-court district-court-discretion due-process jurisdiction jurisdictional-review motion-for-reconsideration rule-60-motion rule-60(b)(6) sixth-circuit-appeal standing Whether the panel erred in construing Darwich's motion as a motion for reconsideration under local rule 7.1(h)(1) and remanding the case back to the d…
19-7043 John A. Toth v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-12-20 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment abuse-of-discretion attenuation civil-rights constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance plea-bargaining police-conduct post-conviction-relief Whether police custodial interrogation on less than probable cause for arrest held violative of 18 U.S.C. §§ 241-242 and Petitioner's 4th Amendment ri…
19-7010 Omar Folk v. Prime Care Medical, et al. Third Circuit 2019-12-19 Denied Response WaivedIFP abuse-of-discretion civil-procedure discovery-issues double-jeopardy due-process federal-rules-of-civil-procedure habeas-corpus mandate-stay rule-59(e) rule-60-motion standing third-circuit-appeal Whether Third Circuit Court of Appeal Judges applied the correct standard under Rule 60(c) of the Federal Rules of Civil Procedure
19-6920 Courtney Omar Boyd v. United States Fourth Circuit 2019-12-12 Denied Response WaivedIFP abuse-of-discretion constitutional-law constitutional-rights criminal-procedure due-process first-step-act judicial-discretion motion-denial sentencing statutory-interpretation Whether the lower court abused its discretion and violated Mr. Boyd's constitutional due process rights when it denied Boyd's First Step Act motion?
19-6855 Jose Luis Morales v. G. D. Lewis, et al. Ninth Circuit 2019-12-06 Denied Response WaivedIFP abuse-of-discretion constitutional-interpretation due-process equal-protection federal-courts judicial-discretion res-judicata supreme-court supreme-court-directives Is it an abuse of discretion when the federal courts do not follow directives from the United States Supreme Court on how to apply res-judicata?
19-6874 In Re Stephen Daniel Leonard 2019-12-06 Dismissed Response WaivedRelisted (2)IFP 28-usc-1915 abuse-of-discretion appellate-procedure circuit-court-jurisdiction civil-rights due-process federal-rules-of-appellate-procedure in-forma-pauperis judicial-discretion judicial-power pro-se-litigation standing three-strikes three-strikes-provision Whether the Eleventh Circuit abused its discretion in refusing to file the petitioner's motion for leave to proceed in forma pauperis on appeal
19-6881 April Torres v. United States Fifth Circuit 2019-12-06 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion parole probation reasonableness revocation sentencing supervised-release Did the district court impose a plainly unreasonable revocation sentence upon Ms. Torres?
19-6873 Anthony Dale Carter v. Florida Florida 2019-12-05 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights constitutional-interpretation constitutional-rights due-process federal-rights individual-rights judicial-review standing state-court supreme-court-precedent Is it a departure from the essential elements of law to deny a notion based in part or whole on the Court's failure to rule within a reasonable time?
19-6822 Guy Cozzi v. American Stock Exchange, et al. New York 2019-12-03 Denied Response WaivedIFP abuse-of-discretion administrative-law article-8-a due-process equal-protection judicial-review rb-89 separation-of-powers stare-decisis workers-compensation Were the Workers' Compensation Board (WCB) rulings denying my Article 8-A claim and RB-89 rehearing request arbitrary, capricious and an abuse of disc…
19-659 Miladis Salgado v. United States Eleventh Circuit 2019-11-21 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) 28-usc-2465 abuse-of-discretion civil-forfeiture claimant court-dismissal dismissal dismissal-without-prejudice federal-procedure judicial-discretion legal-prevailing-party prevail prevailing-party statutory-interpretation without-prejudice When does a civil forfeiture claimant 'substantially prevail' under 28 U.S.C. § 2465(b)(1)?
19-652 Norman D. Cox, Jr. v. The Money Source, Inc. New Jersey 2019-11-20 Denied Response Waived abuse-of-discretion civil-procedure civil-procedure-default-judgment default-judgment due-process excusable-neglect newly-discovered-evidence r-4-50-1-a service-of-process traverse-hearing Did the Trial Court err in or abuse its discretion by entering default judgment against Petitioner based upon the Respondent's defective Service of Pr…
19-6668 Andrew J. J. Wolf, et al. v. Idaho Board of Correction, et al. Ninth Circuit 2019-11-19 Denied Response RequestedResponse WaivedRelisted (2)IFP abuse-of-discretion appellate-review civil-procedure completeness-doctrine federal-rules-of-evidence motion-to-stay ninth-circuit rule-106 summary-judgment trial-record Did the Ninth Circuit err in failing to rule on whether the district court abused its discretion in denying Petitioner's Motion to Stay the Second Sum…
19-6600 Barry Lernard Davis v. United States Fifth Circuit 2019-11-13 Denied Response WaivedIFP 2255-motion 60b-motion abuse-of-discretion coa-brief court-of-appeals due-process evidentiary-hearing manifest-injustice procedural-due-process psr psr-challenge section-2255 sentencing-claim sentencing-evidence sentencing-issue sentencing-review Where petitioner attacked evidence; State's Certified Motion to Dismiss allegation in his PSR, of R.D., to his 2255 Motion, and argued his evidence in…
19-6612 Jerome Small v. Pennsylvania Pennsylvania 2019-11-13 Denied Response WaivedIFP abuse-of-discretion brady-claim constitutional-procedure due-diligence judicial-discretion pcra-court-discretion plea-agreement prosecutorial-disclosure prosecutorial-misconduct timeliness Is there four (4) prongs to establishing a Brady claim?
19-6537 Christopher Everson v. Theresa Lantz, et al. Second Circuit 2019-11-07 Denied Relisted (2)IFP abuse-of-discretion civil-procedure civil-rights due-process federal-rules final-judgment frivolous frivolous-standard hearing judicial-discretion prima-facie-case rule-60-motion rule-60(b)(6) standing Can the frivolous standard of Title 28 U.S. Code section 1915 (e) (2) (B) (i) and (ii) be applied to a subsequent appeal of a decision on a motion for…
19-6553 Vicki Corona v. City of Los Angeles, California, et al. Ninth Circuit 2019-11-07 Denied IFP abuse-of-discretion civil-procedure civil-rights constitutional-rights court-filing deprivation-of-rights due-process filing-procedures in-forma-pauperis judicial-conduct judicial-discretion judicial-misconduct Question not identified. standing takings Whether the Mayor of Los Angeles and California courts have unlawfully and unethically ignored Supreme Court precedent and higher court rulings
19-6497 David Morillo-Cruz v. United States Third Circuit 2019-11-06 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasonableness sentencing sentencing-guidelines Whether the sentence imposed by the Court was reasonable?
19-6525 Sean Trent Barnes v. United States Fourth Circuit 2019-11-06 Denied Response WaivedIFP abuse-of-discretion competency competency-hearing criminal-procedure due-process guilty-plea plain-error-review plea-bargaining pro-se-representation self-representation sentencing sentencing-enhancement Whether Mr. Sean Trent Barnes' decision to waive counsel and represent himself was made voluntarily, knowingly, and intelligently
19-6469 Kenneth N. McFall v. Indiana Indiana 2019-10-31 Denied Response WaivedIFP and sole defense witness to testify at trial for appeal evidence sixth-amendment state-court-decision testimony abuse-of-discretion accomplice-testimony constitutional-rights criminal-procedure due-process evidence-seizure fourteenth-amendment fourth-amendment sixth-amendment state-bypass-sixth-amendment Whether the trial court's abuse of discretion in not allowing an alleged accomplice to testify violated the petitioner's due process and Sixth Amendme…
19-6381 Anthony Tyrone Brown v. Michigan Michigan 2019-10-24 Denied Response WaivedRelisted (2)IFP abuse-of-discretion compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel evidence evidence-suppression fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct sexual-activity-evidence witness-testimony Whether the petitioner's constitutional rights to a fair trial and effective assistance of counsel were violated
19-6345 William N. Lucy v. Mary Cooks Eleventh Circuit 2019-10-22 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-review bankruptcy-proceedings certiorari-petition civil-procedure criminal-procedure due-process eviction habeas-corpus judicial-error post-conviction-relief property-rights standing trial-court-discretion Whether the Mobile County Circuit Court abused its discretion in granting an eviction order while the petitioner was in bankruptcy
19-6252 Edinson Herrera Ramirez v. Maryland Maryland 2019-10-11 Denied Response RequestedResponse WaivedRelisted (2)IFP abuse-of-discretion appellate-review biased-jury criminal-procedure discretion ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-selection legal-standard maryland-court-of-appeals peremptory-challenge peremptory-strike prejudice Whether the Maryland court erred in holding that petitioner received ineffective assistance of counsel but failed to prove prejudice
19-472 City of East Cleveland, Ohio, et al. v. Charles Hunt, et al. Ohio 2019-10-10 Denied Response Waived abuse-of-discretion bifurcation civil-litigation civil-procedure civil-procedure-bifurcation discretion emergency-vehicle-immunity expert-witness-testimony juror-misconduct manifest-weight-of-evidence motion motion-to-bifurcate trial trial-court-discretion trial-procedure Whether the Trial Court abused its discretion when it denied Petitioners' Motion to Bifurcate the trial
19-6205 Ruben Navarrete-Felix v. United States Ninth Circuit 2019-10-09 Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a abuse-of-discretion criminal-procedure criminal-sentencing due-process judicial-policy recidivism sentencing-discretion sentencing-factors Is it an abuse of discretion to sentence a recidivist pursuant to a blanket policy of always imposing a longer sentence than the defendant previously …
19-6215 Twila Haynes v. Assets Protection, Inc. Pennsylvania 2019-10-09 Denied Relisted (2)IFP abuse-of-discretion americans-with-disabilities-act breach-of-contract civil-procedure civil-rights constitutional-rights due-process error-of-law in-forma-pauperis pro-se-plaintiff rule-240 standing Under Pa. Rule 240, were the petitioner's constitutional rights violated?
19-6189 Lewis Brown v. United States Sixth Circuit 2019-10-07 Denied Response WaivedRelisted (2)IFP abuse-of-discretion civil-procedure clear-error due-process judicial-bias judicial-discretion judicial-misconduct pro-se-litigation sixth-circuit standing structural-error Did the Sixth Circuit Court of Appeals abuse its discretion when it committed clear error of judgment, by relying on clearly erroneous findings of fac…
19-6142 Santo Leone v. United States Fifth Circuit 2019-10-03 Denied Response WaivedIFP abuse-of-discretion amendment categorical-approach civil-procedure district-court-discretion divisibility drug-convictions due-process first-step-act marijuana-convictions motion-to-amend prior-convictions section-851 standing timeliness Whether district court abused its discretion by concluding motion to amend should be denied as untimely?
19-378 Alfred Lam, et al. v. City and County of San Francisco, California, et al. Ninth Circuit 2019-09-20 Denied Response Waived abuse-of-discretion civil-procedure costs frcp-59(b) public-interest unclean-hands Whether the federal court abused its discretion granting costs to Respondents-Defendants despite their unclean hands and without any consideration of …
19-6004 Lynn Taylor v. United States District Court for the Northern District of Texas Fifth Circuit 2019-09-20 Denied IFP abuse-of-discretion affidavit civil-procedure court-procedure discovery discovery-violation due-process ineffective-counsel judicial-discretion misconduct prosecutorial-misconduct rule-60-motion standing Did the Northern District Court abuse its discretion in not forwarding the full discovery to the Fifth Circuit Court of Appeals?
19-5957 Twila Haynes v. Riverside Presbyterian Apartments Pennsylvania 2019-09-17 Denied Relisted (2)IFP abuse-of-discretion americans-with-disabilities-act breach-of-contract civil-procedure civil-rights constitutional-rights due-process error-of-law in-forma-pauperis negligence rule-240 standing Under Pa. Rule 240, did the court abuse its discretion and commit an error of law?
19-5823 Jason Alston v. Arianna W. Eastman Eleventh Circuit 2019-09-04 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights court-of-appeals due-process eleventh-circuit in-forma-pauperis interested-parties judicial-discretion legal-procedure motion-for-leave recusal standing Whether United States Court of Appeals for the Eleventh Circuit abuse its discretion in denying petitioner Motion for leave to proceed in forma pauper…
19-5798 Lonnie Bernard Davis v. John Hancock Mutual Funds Accounts First Circuit 2019-09-03 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights confinement-conditions constitutional-violation due-process federal-review habeas-corpus prisoner-rights standing Did the federal court render a proper decision or abuse its discretion in the prisoner's case?
19-5687 In Re Luis E. Morales 2019-08-23 Denied Response WaivedIFP abuse-of-discretion circuit-court-procedure civil-procedure due-process due-process-rights mandamus obstruction-of-justice pro-se-prisoner procedural-rights rebuttable-presumption rebuttal second-successive-motion successive-habeas-petitions Whether the 11th Circuit Court of Appeals created a rebuttable presumption in its order denying the petitioner's request to file a second/successive §…
19-226 Noel L. Smith v. Diane Smith Carusos Second Circuit 2019-08-20 Denied abuse-of-discretion appellate-review civil-procedure civil-procedure-jurisdiction due-process judicial-procedure legal-ethics procedural-due-process remand remand-order removal standing subject-matter-jurisdiction Does a U.S. District Court have subject-matter jurisdiction to grant a motion that admittedly has never been served?
19-5628 Charles Rochester v. New York State Division of Human Rights, et al. New York 2019-08-20 Denied Response WaivedIFP abuse-of-discretion abuse-of-power administrative-law anti-injunction-act civil-rights conflict-of-interest discrimination-claims due-process equal-protection federal-jurisdiction investigative-misconduct state-court-proceedings tampering-with-evidence Does the United States District Court and United States Second Circuit Court of Appeals have a duty to protect jurisdiction and join a state case, and…
19-5624 Zachary William Hicks v. United States Ninth Circuit 2019-08-16 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing due-process hicks-factors ineffective-assistance judicial-review sentencing-factors sentencing-guidelines sentencing-review sixth-amendment trial-court-discretion Whether the Trial Court Imposed an Unreasonable Sentence by Failing to Adequately Consider Hicks' Factors and Whether Trial Counsel Rendered Ineffecti…
19-5576 William Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility Seventh Circuit 2019-08-13 Denied Response WaivedIFP abuse-of-discretion boone-county constitutional-rights hearsay hearsay-testimony ineffective-assistance-of-counsel judicial-discretion lafler-v-cooper plea-bargaining prejudice prosecutorial-misconduct right-to-effective-counsel sentencing Whether the additional sixty (60) years Taylor received at trial when attorney Allen Lidy failed to communicate the Boone County twenty (20) year plea…
19-5550 Jackie Duncan v. United States Tenth Circuit 2019-08-09 Denied Response WaivedIFP 10th-circuit abuse-of-discretion civil-procedure constitutional-vagueness due-process evidence-admissibility federal-courts federal-jurisdiction federal-rules-of-evidence judicial-discretion procedural-error rule-403 rule-404(b) rule-404b standard-of-review Whether the 10th Circuit erred in ruling the Western District of Oklahoma didn't abuse their discretion?
19-5442 Shanta G. Phillips-Berry v. Kenner Police Department, et al. Fifth Circuit 2019-08-06 Denied IFP abuse-of-discretion civil-procedure civil-rights constitutional-due-process due-process evidentiary-requirements fair-trial judicial-discretion jury jury-trial legal-standards standing trial-procedure What if district court abused its discretion by not relying on the erroneous legal premise that a citizen(s) of the state of Louisiana and this great …
19-5364 In Re Carl A. Courtright, III 2019-07-26 Denied Response WaivedIFP Abuse-of-discretion access-to-courts civil-procedure civil-rights court-access due-process eighth-amendment excessive-fines first-amendment judicial-discretion pro-se pro-se-litigant sanctions Did the Seventh Circuit Court of Appeals abuse its discretion in ordering a $500 sanction against a pro se indigent petitioner?
19-5333 Charles York Walker, Jr. v. United States Fourth Circuit 2019-07-25 GVR IFP abuse-of-discretion case-specific-factors criminal-procedure criminal-procedure-rule-11 discretion district-court district-court-discretion felon-in-possession grand-jury incorrect-assumptions opioid-crisis plea-agreement plea-bargaining policy-disagreement rehaif-standard rule-11 Whether a district court abuses its discretion in rejecting plea agreements based on policy disagreements
19-5338 Anna Maria Agolli v. District of Columbia, et al. District of Columbia 2019-07-25 Denied Response WaivedIFP abuse-of-discretion civil-rights constitutional-rights criminal-misconduct due-process false-imprisonment government-liability government-misconduct immunity-defense qualified-immunity statute-of-limitations Should Courts allow qualified immunity to protect governments and their employees in spite of evidence?
19-115 Frank J. Lawrence, Jr. v. United States District Court for the Western District of Michigan Sixth Circuit 2019-07-24 Denied Response Waived Abuse-of-discretion Admission-to-practice bar-admission constitutional-rights Criticism-of-officials due-process expressive-activities First-Amendment free-speech judicial-discretion judicial-review law-practice-admission sixth-circuit standing uniformity-of-decisions Whether the Sixth Circuit's decision conflicts with its own recent declaration that the petitioner is 'duly qualified' to practice law, and whether th…
19-5311 Ivaylo Dodev v. Bank of New York Mellon Arizona 2019-07-24 Denied Response WaivedIFP abuse-of-discretion appellate-review arizona-court-of-appeals arizona-rules-of-civil-procedure civil-procedure civil-procedure,eviction,dismissal,arizona-rules-o criminal-law due-process eviction eviction-proceedings federal-criminal-procedure hobbs-act judicial-discretion rule-41 second-amendment united-states-v-davis voluntary-dismissal Whether Mr. Burke's § 924(c) conviction is invalid Whether the Arizona Court of Appeals, Division One abused its discretion by not ruling on the applicability of Rule 41(a)(1) of the Arizona Rules of C…
19-105 Joseph A. Caramadre v. United States First Circuit 2019-07-22 Denied Response Waived 28-usc-2255 abuse-of-discretion appellate-review certificate-of-appealability evidentiary-hearing habeas-corpus hill-v-lockhart ineffective-assistance section-2255 strickland-standard strickland-v-washington Should a Writ of Habeas Corpus issue
19-5222 James Arthur Meeks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-19 Denied IFP abuse-of-discretion appellate-review civil-procedure-bar-rule civil-rights constitutional-violations due-process ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct post-conviction-relief post-conviction-review procedural-bar standing trial-counsel Whether the procedural bar statute was properly applied
19-5240 James Butler v. United States District Court for the Eastern District of Michigan Sixth Circuit 2019-07-18 Dismissed Response WaivedIFP abuse-of-discretion actual-innocence civil-procedure civil-rights civil-rights-act district-court-discretion due-process equity equity-jurisdiction fraud-on-the-court government-misconduct grand-jury rule-6(e) rule-6e-violation Did the district court abuse its discretion when it filed suit in equity under civil law docket
19-5241 Zack Zafer Dyab v. Nicole English, Warden Tenth Circuit 2019-07-18 Denied Response RequestedResponse WaivedRelisted (2)IFP 2241-petition 2255-motion 28-usc-2241 28-usc-2255 abuse-of-discretion circuit-court-discretion circuit-split detention-challenge foreclosure habeas-corpus judicial-review saving-clause section-2241 section-2255 united-states-v-wheeler Does the Petitioner have to test the legality of his detention in the initial 2255 motion, even though the argument would have been rejected on the me…
19-5162 Frederick Johnson v. United States Fifth Circuit 2019-07-12 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-procedure discretionary-review plain-error plainly-unreasonable post-revocation-sentence sentencing sentencing-standard supervised-release What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release?
19-60 Cora Kerton v. Society Hill at Droyers Point Condominium Association, et al. New Jersey 2019-07-11 Denied abuse-of-discretion civil-procedure condominium-act condominium-law expert-report expert-testimony liability-coverage negligence net-opinion-rule new-jersey-appellate-court new-jersey-trial-court snow-removal standard-of-review summary-judgment Whether there was engagement in abuse of discretion and misapplication of the summary judgment standard
19-5125 Francisco Gallegos-Lopez v. United States Ninth Circuit 2019-07-09 Denied Response RequestedResponse WaivedRelisted (2)IFP 18-usc-3553a 3553(a)-factors abuse-of-discretion appellate-review circuit-split criminal-procedure judicial-discretion preservation-of-error procedural-error sentencing sentencing-recommendation statutory-factors Does urging a sentencing recommendation lower than that ultimately imposed, and grounded in the statutory factors in 18 U.S.C. § 3553(a), suffice to p…
19-5058 In Re Artur Tchibassa 2019-07-03 Denied Response WaivedIFP abuse-of-discretion civil-procedure constitutional-law constitutional-violation extradition habeas-corpus harmless-error judicial-discretion jurisprudence savings-clause statutory-interpretation structural-error Whether the lower courts abused their discretion by refusing to apply the Reyes-Requena savings clause jurisprudence
19-5021 Oliver M. Boling v. United States Parole Commission, et al. District of Columbia 2019-07-01 Denied Response WaivedIFP abuse-of-discretion civil-rights district-of-columbia due-process equal-protection federal-procedure federal-rules-of-civil-procedure personal-capacity preclusion section-1983 Whether the United States Court of Appeal for the District of Columbia is in conflict with the circuit courts on the issue of preclusion
18-9791 Luis David Moreno-Pena v. United States Fifth Circuit 2019-06-27 Denied Response RequestedResponse WaivedRelisted (2)IFP abuse-of-discretion appellate-review criminal-procedure due-process judicial-discretion leniency preservation-of-error sentencing-argument sentencing-reasonableness sentencing-review Whether challenges to the reasonableness of a sentence rooted in a court's failure to address arguments for leniency must be preserved by specific obj…
18-9819 Jose Francisco Rodriguez-Reyes v. United States First Circuit 2019-06-26 Denied Response WaivedIFP abuse-of-discretion arrest-consideration arrests-without-convictions criminal-sentencing district-court-discretion due-process excessive-sentence procedural-error sentencing-factors sentencing-guidelines sentencing-methodology substantive-error substantive-review Whether the district court's sentencing methodology was procedurally and substantively sound and that the district court did not abuse its discretion …
18-9766 Raymond Tyrone Lewis v. William O. Farmer, Sheriff, Sumter County, Florida, et al. Eleventh Circuit 2019-06-24 Denied Response WaivedRelisted (2)IFP abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process eleventh-circuit essential-requirements-of-law motion-for-reconsideration standing statute-of-limitations Whether the Eleventh Circuit Court of Appeal abused its discretion and deviated from the essential requirements of law
18-9769 Ishmael Wahid v. United States Sixth Circuit 2019-06-24 Denied Response WaivedIFP abuse-of-discretion appellate-review civil-procedure district-court due-process equitable-relief preliminary-injunction remand standard-of-review standing Whether the Court of Appeals erred in not applying the correct standard for granting a preliminary injunction
18-1557 William James, et al. v. Barbara Hunt, et al. Eleventh Circuit 2019-06-20 Denied Response Waived abuse-of-discretion civil-procedure civil-rico copyright-act copyright-infringement creative-rights due-process fair-use first-amendment intellectual-property licensing plagiarism Whether literary works are protected under copyright law similarly to music sampling
18-9734 Hector Dominguez-Gabriel, aka Kinko, aka John Richard Bellefleur v. United States Second Circuit 2019-06-19 Denied Response WaivedIFP abuse-of-discretion compassionate-release criminal-procedure criminal-sentencing federal-courts federal-sentencing judicial-discretion sentence-modification sentencing-guidelines sentencing-relief statutory-interpretation Whether the lower court(s) abused its discretion when it denied appellant Section 3582(c)(2) relief?
18-9709 Angie Walker v. United States Ninth Circuit 2019-06-18 Denied Response WaivedRelisted (2)IFP abuse-of-discretion administrative-law agency-action arbitrary-and-capricious due-process judicial-review legal-accountability obstruction-of-justice standard-of-review When Justices obstruct the law and legal proceedings by not adhering to the legal standards of review, who will hold them accountable?
18A1327 Thomas P. Kelly, Jr. v. The Penn Mutual Life Insurance Company, et al. Third Circuit 2019-06-18 Presumed Complete abuse-of-discretion disability-benefits erisa insurance-plan own-occupation procedural-history Whether a district court's interpretation of an ERISA disability plan's 'own occupation' provision constitutes an abuse of discretion when determining…
18-9611 Nicholas D. Weir v. United States, et al. Second Circuit 2019-06-11 Denied Response WaivedIFP abuse-of-discretion appellate-review civil-procedure de-novo-analysis de-novo-review factual-allegation frivolous frivolous-claim frivolous-claims judicial-discretion legal-standard standing sua-sponte sua-sponte-dismissal How does the lower courts rigorously determine if a factual allegation is baseless or frivolous when there is no argument in fact or law to dispute th…
18A1284 Ameer Xenos Flippin v. DC Metropolitan Police Department, et al. District of Columbia 2019-06-07 Presumed Complete abuse-of-discretion civil-rights constitutional-rights judicial-review police-misconduct section-1983 Whether a municipality can dismiss a civil rights complaint alleging police misconduct and constitutional rights violations without providing substant…
18-1473 Zelma Rivas v. New York State Lottery Second Circuit 2019-05-24 Denied Response WaivedRelisted (2) abuse-of-discretion civil-rights continuing-violation discrimination due-process eeoc-charge employment-discrimination harassment hostile-work-environment prima-facie-case racial-discrimination retaliation statute-of-limitations Title-VII Continuing violation exception to Title VII limitation period
18-9385 Cargil Nicholson v. Rollin Cook, Commissioner, Connecticut Department of Correction Connecticut 2019-05-23 Denied IFP abuse-of-discretion appellate-review certification-of-appeal criminal-procedure discretionary-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel trial-counsel Whether the Connecticut Supreme Court erred by denying the petitioner certification to appeal from the Appellate Court?
18-9401 Daniel H. Jones v. Kentucky, et al. Sixth Circuit 2019-05-23 Denied Relisted (2)IFP abuse-of-discretion appellate-jurisdiction appellate-review civil-procedure clearly-erroneous-findings injunctive-relief judicial-discretion jurisdictional-review legal-standards procedural-error sovereign-immunity wrong-legal-standards Did the U.S. Sixth Circuit Court of Appeals err in allowing the District Court to abuse its discretion
18-9376 Charles A. Davis v. United States District Court for the Western District of North Carolina Fourth Circuit 2019-05-22 Denied Response WaivedIFP abuse-of-discretion appellate-review civil-procedure court-discretion judicial-review jurisdictional-defect jurisdictional-defects legal-standing lower-courts procedural-error standing subject-matter-jurisdiction Whether the lower courts abused their discretion by their failure to address the jurisdictional defects that deprive them of subject-matter-jurisdicti…
18-9293 Eugene Cooper v. Florida Florida 2019-05-15 Denied Response WaivedIFP abuse-of-discretion constitutional-rights due-process evidentiary-hearing federal-constitutional-rights newly-discovered-evidence postconviction-relief right-to-counsel trial-court-discretion Whether the trial court erred and abused its discretion in denying Mr. Cooper's 3.850 (b) (1) Motion for Postconviction relief based on Newly Discover…
18-9232 Ikemefula Charles Ibeabuchi v. Officer Banicki, et al. Ninth Circuit 2019-05-10 Dismissed IFP abuse-of-discretion administrative-law civil-procedure civil-rights due-process fundamental-error judicial-remedy standing Whether the court below committed reversible error in dismissing the pro se appellant's complaint for failure to state a claim
18-1409 Saied Emami v. Jim Bridenstine, Administrator, National Aeronautics and Space Administration, et al. Fourth Circuit 2019-05-09 Denied Response Waived abuse-of-discretion civil-rights civil-rights-act-of-1964 discovery discrimination due-process employment-discrimination expert-witness procedural-due-process retaliation sanctions scheduling-order title-vii Whether the Respondent's counsel failed to comply with the District Court Scheduling Order, thereby violating the petitioner's procedural due process …
18-1411 Jeffrey Isaacs v. Trustees of Dartmouth College, et al. First Circuit 2019-05-09 Denied Response Waived abuse-of-discretion administrative-law due-process evidence evidence-spoliation medical-license medical-licensing protected-conduct rehabilitation-act retaliation section-1983 title-ix Whether the NH District Court abused its discretion in dismissing a Rehabilitation Act retaliation claim, failing to hold Dartmouth accountable for de…
18-9170 Cynthia Ortiz v. Charles Perry, et al. Tenth Circuit 2019-05-08 Denied Response WaivedIFP 28-usc-1292 abuse-of-discretion ambiguity appellate-jurisdiction civil-procedure district-court injunctive-relief interlocutory-appeal jurisdictional-dispute objections transfer venue-transfer Whether the Tenth Circuit has jurisdiction to consider for Interlocutory Appeal, under 28 U.S.C. § 1292 (a)(1) and (b), denial of Injunctive Relief
18-9148 Ikemefula Charles Ibeabuchi v. James T. Blomo Arizona 2019-05-06 Dismissed Response WaivedIFP abuse-of-discretion civil-procedure court-rules due-process judicial-review jurisdiction legal-procedure motion-to-dismiss pro-se standing statutory-interpretation summary-judgment Whether the Honorable Margaret Mahoney should have issued a court order for the pro se litigant to reply to the defendant's motion to dismiss, as a mi…
18-9070 Gabriel Urzua Sanchez v. United States Sixth Circuit 2019-05-03 Denied IFP abuse-of-discretion criminal-procedure direct-appeal district-court fifth-amendment first-step-act mandatory-minimum privilege sentencing witness-testimony Whether the district court abused its discretion in failing to properly determine that Mr. Sanchez's proposed witnesses had a valid Fifth Amendment pr…
18-1375 Douglas Walter Greene v. Independent Pilots Association, et al. Sixth Circuit 2019-05-02 Denied abuse-of-discretion civil-rights constitutional-rights due-process first-amendment fraud free-speech freedom-of-religion freedom-of-speech judicial-discretion judicial-misconduct jury-trial rule-of-law Whether federal district and appellate courts may render decisions abridging First Amendment rights based on overwhelming fraud in the record, while a…
18-9010 Joel Augutuk Mayokok v. United States Eighth Circuit 2019-04-26 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process judicial-error re-sentencing sentence-reasonableness sentencing sentencing-discretion sentencing-guidelines substantive-reasonableness unsupported-enhancement Did the District Court's decision at re-sentencing to re-impose the same 240-month sentence it initially imposed, where the Court had erred in its ini…
18-8961 Dion Thomas v. United States Eighth Circuit 2019-04-23 Denied Response WaivedIFP abuse-of-discretion blackledge-v-allison civil-rights district-court due-process evidentiary-hearing evidentiary-hearing-discretion habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ins-v-phinpathya plea-bargaining plea-negotiations rose-v-lundy sixth-amendment standing unsworn-statements Whether the District Court abused its discretion by failing to conduct an evidentiary hearing
18-8888 Nexis Rene Gomez v. Ken Clark, Acting Warden Ninth Circuit 2019-04-22 Denied Response WaivedIFP abuse-of-discretion civil-procedure constitutional-rights due-diligence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60(b) sixth-amendment Did the Ninth Circuit erred in finding that petitioner did not showed that jurist of reason would find it debatable whether the district court abused …
18-8916 Steven Lawrence Wright v. California California 2019-04-19 Denied IFP abuse-of-discretion burden-of-proof criminal-procedure criminal-trial due-process fifth-amendment jury-instruction jury-instructions legal-standard motion-for-new-trial new-trial standard-of-review Did the trial court's erroneous jury instruction violate the Due Process Clause?
18-8834 José Amaya-Vasquez v. United States Third Circuit 2019-04-15 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process judicial-discretion prior-bad-acts reasonableness reasonableness-standard sentencing sentencing-review Whether the Court erred by considering the prior bad acts in the determination of the appropriate sentence?
18-8759 Cuauhtemoc Juarez-Aquino v. United States Ninth Circuit 2019-04-09 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-sentencing discretion district-court-authority due-process judicial-discretion majority-circuits ninth-circuit sentencing-discretion sentencing-factors Whether a federal district court is permitted boundless discretion to weigh established factors at sentencing
18-8700 Dorian Givens v. United States Fifth Circuit 2019-04-04 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-procedure due-process federal-sentencing judicial-discretion sentencing standard-of-review supervised-release What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release?
18-8649 Bradley Cobbler, aka B-Rad v. United States District of Columbia 2019-04-01 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court due-process guilty-plea ineffective-assistance-of-counsel judicial-discretion motion-to-withdraw plea-bargaining plea-withdrawal sentencing withdrawal-of-plea Whether the District Court erred by partially denying Mr. Cobbler's Amended Motion to Withdraw Plea of Guilty?
18-8657 Ikemefula Charles Ibeabuchi v. Maricopa Commissioners Arizona 2019-04-01 Denied IFP abuse-of-discretion civil-procedure dismissal evidentiary-ruling judgment judgment-of-dismissal jurisdiction reversible-error rule-38.1(n) special-commissioner Whether the Special Commissioner committed reversible error in the judgment of dismissal
18-8568 David Piper v. United States Fifth Circuit 2019-03-26 Denied Response WaivedIFP abuse-of-discretion compulsory-process criminal-procedure defense-witnesses due-process federal-rules-of-criminal-procedure habeas-corpus sixth-amendment standard-of-review trial-rights witness-production Whether Petitioner was deprived of compulsory process under the Due Process Clause and Compulsory Process Clause
18-8514 Jonathan Leroy Homedew v. United States Eighth Circuit 2019-03-22 Denied Response WaivedIFP abuse-of-discretion co-defendant co-defendants criminal-procedure district-court due-process judicial-discretion plea-arrangement plea-bargaining procedural-rights right-to-be-present speedy-trial waiver Whether Petitioner waived Speedy-Trial-Rights based on Co-defendants-Plea-arrangements
18-8535 Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-03-22 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure defendant-representation due-process-violation ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal judicial-waiver jurisdiction prosecutorial-effectiveness prosecutorial-misconduct prosecutorial-overreach right-to-counsel trial-court-discretion waiver-of-constitutional-rights waiver-of-rights Whether state statutes provide pre-trial remedies for prosecutorial overreaching by interlocutory appeal, and whether defense counsel's failure to per…
18-8490 Bernard Mitchell v. California California 2019-03-21 Denied Response WaivedIFP abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review Did the court abuse its discretion in permitting the jury to be exposed to the nicknames 'Crip' and ''Scrap,' which have been taken as a suggestion th…
18-8468 Alfredo Mendez v. United States Ninth Circuit 2019-03-19 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-procedure discretion district-court-authority due-process federal-courts judicial-discretion sentencing sentencing-discretion sentencing-factors Whether a federal district court is permitted boundless discretion at sentencing to weigh established factors at sentencing
18-8421 Timothy M. Thomas v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-03-13 Denied IFP 28-usc-2254 abuse-of-discretion amendment certificate-of-appealability circuit-court-of-appeals district-court due-process exhaustion habeas-corpus habeas-corpus-28-usc-2254 habeas-corpus-amendment judicial-discretion law-of-the-case merits section-2254 slack-v-mcdaniel Did the circuit court of appeals err when it denied (COA) status on the point raised that the U.S. district court abused its discretion by not allowin…
18-8400 Travis Demond Johnson v. United States Eleventh Circuit 2019-03-12 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility criminal-procedure criminal-sentencing due-process judicial-discretion sentencing-guidelines sentencing-procedure sentencing-reasonableness statutory-purposes-of-sentencing upward-departure Whether the district court erred in departing upward under the United States Sentencing Guidelines §4A1.3
18-8319 Jason Ray Flick v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-03-07 Denied IFP abuse-of-discretion change-of-venue fair-trial fourteenth-amendment impartial-jury jury-impartiality presumption-of-prejudice pretrial-publicity sixth-amendment Was petitioner denied a fair trial due to the trial court's abuse of discretion?
18-8227 Bodey Cook v. Illinois Illinois 2019-03-01 Denied IFP abuse-of-discretion antiterrorism-and-effective-death-penalty-act appellate-review certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief Whether the Supreme Court erred in denying the petitioner's request for discretionary review under the Antiterrorism and Effective Death Penalty Act (…
18-8181 Feliciano Soto-Lugo v. United States Fifth Circuit 2019-02-28 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure defendant-leniency district-court-discretion due-process judicial-response preservation-of-error reasonableness reasonableness-objection sentencing sentencing-guidelines sentencing-review Must challenges to the district court's failure to respond to a defendant's non-frivolous grounds for leniency be preserved by a separate 'reasonablen…
18-8141 Brian Taylor v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-02-26 Denied IFP abuse-of-discretion alibi-witness civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence ineffective-assistance prosecutorial-misconduct trial trial-counsel Was trial counsel ineffective for not calling an alibi witness?
18-8062 Saundra Taylor v. District of Columbia Department of Employment Services District of Columbia 2019-02-25 Denied Response WaivedRelisted (2)IFP abuse-of-discretion administrative-law appellate-procedure appellate-review discretionary-review dismissal-with-prejudice due-process judicial-deference judicial-review standard-of-review substantial-evidence Whether memorandum and opinion is not supported by substantial evidence in the record, is not in accordance to the law and an abused of discretion
18-8079 Christopher Loran Bentley v. United States Eleventh Circuit 2019-02-22 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility criminal-sentencing judicial-discretion notice-requirement relevant-conduct sentencing-guidelines sentencing-reasonableness statutory-maximum substantive-reasonableness upward-departure Whether the district court erred in sentencing Mr. Bentley
18-8083 Reshawn D'Arby Magnificent-El, aka Reshawn D'Arby Phillips v. United States Ninth Circuit 2019-02-22 Denied Response WaivedIFP abuse-of-discretion compliance criminal-procedure discretion district-court drug-testing due-process knowingly-used-drugs sentencing-conditions supervised-release supervised-release-conditions Whether a district court abuses its discretion in imposing a drug-testing condition on a defendant who never knowingly used drugs, and has otherwise b…
18-7995 Rodney Martin v. United States Sixth Circuit 2019-02-15 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion procedural-error reasonableness-of-sentence section-3553a sentencing sentencing-factors sentencing-guidelines Did the trial court improperly sentence Mr. Martin and did the appellate court improperly affirm the trial court?
18-7999 Raoul A. Galan v. Larry Gegenheimer, et al. Fifth Circuit 2019-02-15 Denied Relisted (2)IFP abuse-of-discretion administrative-law arbitrary-and-capricious civil-procedure civil-rights constitutional-rights discrimination due-process judicial-discretion procedural-error racial-discrimination standing Were the lower courts manipulated by internal and/or external influences to deny petitioner his state and federal constitutional rights of protection?
18-7956 Ikemefula Charles Ibeabuchi v. Paul Penzone Ninth Circuit 2019-02-13 Denied Relisted (2)IFP abuse-of-discretion civil-procedure civil-rights due-process jurisdiction pleadings standing Whether the court below committed a reversible error in dismissing Appellants Complaint for Failure to State a Claim upon which Relief can be Granted,…
18-7957 Ikemefula Charles Ibeabuchi v. Mikel Steinfeld Ninth Circuit 2019-02-13 Denied IFP abuse-of-discretion civil-procedure civil-procedure-abuse-of-discretion compulsory-process constitutional-question due-process jurisdiction sixth-amendment-compulsory-process standing Whether the judge's denial of leave to amend complaint is a reversible error
18-7918 Rutilio Hernandez v. United States Fifth Circuit 2019-02-12 Denied Response WaivedIFP 18-usc-3553 18-usc-3553(a) 18-usc-3553a 18-usc-924 abuse-of-discretion constitutional-law criminal-procedure district-court district-court-discretion sentence-reduction sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error sufficient-but-not-greater-than-necessary Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply w…
18-1046 Virginia Callahan, et al. v. Pacific Cycle, Inc. Fourth Circuit 2019-02-11 Denied Response Waived abuse-of-discretion appellate-review circuit-court-split circuit-split civil-procedure de-novo-review evidence evidence-admissibility evidentiary-ruling hearsay hearsay-evidence judicial-discretion standard-of-review Standard-of-review-for-hearsay-rulings
18-7898 Latwang Janell Reid El Bey v. North Carolina, et al. North Carolina 2019-02-11 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights conflict-of-interest due-process habeas-corpus judicial-discretion right-to-be-heard standing temporary-restraining-order Did Judge MILTON F. FITCH, JR. err by denying the petitioner the right to a hearing and the opportunity to be heard?
18-7901 Darrius DaJuan Cohee v. James Yates, Warden Tenth Circuit 2019-02-11 Denied IFP abuse-of-discretion conflict-of-interest constitutional-rights due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal Was Petitioner's Counsel Ineffective For Failing To File Petitioner's Motion To Withdraw Guilty Plea
18-7853 John Patrick Fletcher v. Celia Schwartz, et al. Tenth Circuit 2019-02-08 Denied IFP 28-usc-1915 42-U.S.C-1983 7th-amendment abuse-of-discretion civil-procedure due-process prisoner-complaint pro-se section-1915 section-1983 section-242 seventh-amendment standing takings Whether the Seventh Amendment allows an action to be dismissed under 28 U.S.C. § 1915 — without a finding of factual error — six months after the issu…
18-7862 Vincent Beatty, aka Jamaal Beatty, aka Vincent Daward Beatty, aka Mozzi v. United States Fourth Circuit 2019-02-08 Denied Response WaivedIFP abuse-of-discretion advisory-guidelines criminal-history criminal-procedure criminal-sentencing felon-in-possession reasonableness reasonableness-review sentencing-guidelines sentencing-variance sua-sponte upward-variance Whether a sua sponte upward variance sentence is reasonable where the advisory Guideline range accurately reflected the defendant's conduct and prior …
18-7863 Jeffrey Burris v. United States Fourth Circuit 2019-02-08 Denied Response WaivedIFP 18-usc-3553a abuse-of-discretion criminal-sentencing due-process firearms firearms-possession reasonableness reasonableness-review sentencing sentencing-guidelines statutory-interpretation unregistered Whether a sixty-month sentence for the simple possession of unregistered firearms, without any evidence suggesting the defendant was doing anything il…
18-7805 Michael Bohannan v. Wesley Griffin Fifth Circuit 2019-02-07 Denied Response WaivedIFP abuse-of-discretion appellate-procedure civil-rights court-discretion deputy-clerk discretion-abuse due-process federal-rules-of-appellate-procedure indigent-representation legal-access motion-classification reconsideration rule-26(b) standing time-extension Does a court of appeals deputy clerk abuse discretion by refusing to consider appellate procedure rules in a time extension motion decision
18-7764 Marcellus French v. Illinois Illinois 2019-02-05 Denied Response WaivedIFP abuse-of-discretion appellate-review civil-rights criminal-procedure due-process evidence judicial-error standard-of-review Did the appellate court abuse its discretion in finding that the evidence of prior acts was admissible and justified according to FRE 404(b), when the…
18-1007 Assem A. Abulkhair v. Google LLC, et al. Third Circuit 2019-02-01 Denied Response Waived abuse-of-discretion civil-procedure civil-rights due-process email-privacy federal-rules-of-civil-procedure fourth-amendment judicial-recusal law-enforcement-overreach privacy-rights recusal religious-discrimination search-and-seizure search-warrant standing Whether the District Judge has the authority to dismiss suit while his/her recusal remains pending and his/her disqualification and impartiality comes…
18-7662 Nolan Lewis v. United States Ninth Circuit 2019-01-30 Denied Response WaivedIFP abuse-of-discretion competency competency-evaluation criminal-procedure due-process guilty-plea judicial-discretion mental-competency ninth-circuit restitution restitution-hearing Whether the Ninth Circuit Court of Appeals applied the proper legal standard for determining whether the district court abused its discretion in faili…
18-7664 John Felix Greer v. United States Sixth Circuit 2019-01-30 Denied Response WaivedIFP abuse-of-discretion appellate-procedure appellate-review case-or-controversy civil-procedure court-of-appeals judicial-review jurisdiction jurisdiction-of-court jurisdictional-review legal-jurisdiction mandate mandate-recall procedural-error standing Whether the appellate court abused its discretion in deciding the merits of a motion to recall the mandate without first determining jurisdiction
18-7624 Mario Griffin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-01-29 Denied IFP abuse-of-discretion apprendi-v-new-jersey apprendi-violation cruel-and-unusual-punishment due-process federal-law illegal-sentence ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-integrity manifest-injustice miscarriage-of-justice sentence-enhancement sentencing Does the sentence imposed constitute an illegal sentence under federal law and represent a manifest injustice calling in question the integrity of the…
18-7549 Bonnie Robles v. Brookwood Terrace Apartments Kansas 2019-01-25 Denied IFP abuse-of-discretion administrative-law appellate-procedure appellate-review civil-procedure court-procedure due-process equal-protection judicial-discretion legal-fairness lower-court-rulings procedural-violations statutory-procedure Why should it be lawful for the lower court to ignore 'STATUTORY PROCEDURE' violations by the Respondents during a lower court hearing and then questi…
18-7566 Pedro Goris, aka Pedro Goriz, aka Pedro Abreu v. United States Second Circuit 2019-01-24 Denied Response WaivedIFP abuse-of-discretion appeals appellate-review constitutional-review criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines judicial-discretion reasonableness sentencing-guidelines sentencing-reasonableness substantive-reasonableness Whether Petitioner's sentence was both procedurally and substantively unreasonable
18-951 T&T Rock Distribution, LLC v. Rutilio I. Velasco Texas 2019-01-22 Denied Response Waived abuse-of-discretion arbitration-agreement civil-procedure court-of-appeals discretionary-review federal-arbitration-act litigation-stay motion-to-compel standard-of-review stay-of-litigation trial-court-discretion Whether the Supreme Court should grant certiorari to review the denial of a motion to compel arbitration
18-946 Abigail Arroyo v. Angel M. Torres-Sanchez, et al. First Circuit 2019-01-18 Denied abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process federal-jurisdiction fifth-amendment judicial-discretion property property-rights public-interest standing takings Whether the Petitioner's rights to life, liberty, pursuit of happiness, property and due process were violated by the Respondents' alleged deceit, abu…
18-7462 William Anthony Johnson v. United States Sixth Circuit 2019-01-16 Denied Response WaivedIFP abuse-of-discretion appeals-court-discretion appellate-procedure civil-procedure constitutional-provisions court-discretion due-process finality finality-principle fundamental-miscarriage-of-justice judicial-discretion legal-finality mandate-recall miscarriage-of-justice recall-mandate statutory-provisions Whether the appeals court abused its discretion in denying petitioner's motion to recall mandate
18-906 Charles G. Kinney v. Tani G. Cantil-Sakauye, et al. Ninth Circuit 2019-01-14 Denied abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process first-amendment free-speech judicial-discretion separation-of-powers standing vexatious-litigant Whether the vexatious litigant laws are being used to punish and compel the silence of a property owner in violation of their constitutional rights
18-7261 Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-07 Denied IFP abuse-of-discretion appeal appealability appellate-jurisdiction civil-procedure fraud-on-the-court habeas habeas-corpus judicial-discretion jurisdiction merits motion-to-reconsider procedural-error rule-60(b) Whether the lower court clearly erred in abusing its discretion by dismissing the appeal as premature/no jurisdiction without addressing the merits of…
18-7120 Carlos Zuniga Hernandez v. United States Fifth Circuit 2018-12-19 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-procedure-rule-60-d constitutional-right district-court due-process evidentiary-hearing gonzalez-v-crosby rule-60-motion rule-60(d) standing successive-claim Whether a Rule 60(d) motion challenging only the District Court's failure to hold an evidentiary hearing presents a successive claim within the meanin…
18-7079 Franklyn Morillo v. United States First Circuit 2018-12-18 Denied Response WaivedIFP abuse-of-discretion appellate-waiver certiorari controlled-substances criminal-procedure district-court due-process first-impression first-impression' 'Should certiorari be granted i judicial-discretion knowing-intelligent-voluntary legal-standard plea-bargaining procedural-rights role-enhancement sentencing sentencing-guidelines standard-of-review' 'Should certiorari be granted Should certiorari be granted to decide whether a district court can only ask a Petitioner a single question about an appellate waiver, even though tha…
18-7084 Anthony Steven Young v. United States Sixth Circuit 2018-12-18 Denied Response WaivedIFP abuse-of-discretion child-pornography close-scrutiny criminal-sentencing district-court-discretion internet-access relevant-conduct sentencing sentencing-guidelines standard-of-review ussg-2g2.2 What standard of review applies to the district court's decision to use the guideline for receiving or distributing child pornography to sentence a ch…
18-769 Minnesota Living Assistance, Inc., dba Baywood Home Care v. Ken B. Peterson, et al. Eighth Circuit 2018-12-18 Denied Response Waived abstention abuse-of-discretion administrative-proceeding civil-administrative-proceeding civil-rights-preemption de-novo-review federal-preemption federal-question standard-of-review state-law younger-abstention younger-v-harris whether the principles enunciated in Younger v. Harris and its progeny require a federal court to abstain from deciding a federal preemption question
18-7031 Kacey Lewis v. Angel Quiros, et al. Second Circuit 2018-12-14 Denied IFP abuse-of-discretion appeal appellate-procedure civil-procedure dismissal due-process in-forma-pauperis standing Whether the court of appeals erred in denying the petitioner's motion to proceed on appeal in forma pauperis
18-6941 John Leslie Chapman v. Robert Lampert, Director, Wyoming Department of Corrections, et al. Wyoming 2018-12-07 Denied Response WaivedRelisted (2)IFP abuse-of-discretion constitutional-rights criminal-procedure due-process fourteenth-amendment judicial-discretion legal-advisement plea-bargaining sentencing void-judgment Whether the strictures of Federal Rules of Criminal Procedure Rule 11 and the Fourteenth Amendment due process were met concerning personal advisement…
18-6927 In Re Jerry Urbina 2018-12-06 Denied IFP abuse-of-discretion criminal-procedure criminal-sentencing federal-courts judicial-discretion plea-agreement plea-bargaining retroactivity rule-11 sentencing-amendment sentencing-guidelines sentencing-reform statutory-interpretation Whether the lower courts abused their discretion by denying petitioner Urbina relief under the 782 Amendment due to his being the beneficiary of a Rul…
18-6934 Bobby Evans v. United States Fourth Circuit 2018-12-06 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing drug-treatment federal-procedure purposes-of-supervised-release revocation sentencing supervised-release Whether revoking the supervised release term of a defendant who is in need of drug treatment, after he initially failed in a drug treatment program, i…
18-6805 Jose Rodriguez v. Daniel Paramo, Warden Ninth Circuit 2018-11-26 Denied IFP abuse-of-discretion constitutional-rights criminal-procedure due-process federal-question first-degree-murder ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instructions penal-code-187a principal reasonable-doubt Whether the petitioner's conviction for first-degree murder lacked sufficient evidence to support the verdict
18-675 Lisa M. West v. Missouri Missouri 2018-11-23 Denied Response Waived abuse-of-discretion admissibility conviction-and-sentence criminal-appeal daubert-review daubert-standard evidence-admissibility expert-witness judicial-review missouri-law scientific-testimony standard-of-review trial-court-discretion Whether this court should require a de novo review of the trial court's handling of scientific testimony to determine whether Daubert v. Merrell Dow P…
18-655 Craig J. Spitzer v. Trisha A. Aljoe, et al. Ninth Circuit 2018-11-20 Denied Response Waived abuse-of-discretion attorney-misconduct barton-doctrine civil-procedure civil-procedure-discovery-sanctions-public-entity- discovery discovery-sanctions discretionary-review frcp-26 public-entity sanctions section-1983 state-court-receiver Does a district court have a duty under FRCP 26(g)(3) to sanction public entities and their attorneys for improper withholding of documents requested …
18-6704 Aaron Jonathon Zemke v. Michigan Michigan 2018-11-14 Denied IFP abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion Whether Mr. Zemke received ineffective assistance of counsel under the Sixth Amendment
18-6590 Salah Mohamed v. United States Fourth Circuit 2018-11-07 Denied Response WaivedIFP abuse-of-discretion aggravating-factor due-process escape flight-risk immigration naturalization naturalized-defendant sentencing-discretion sentencing-guidelines statutory-maximum Does a court abuse its discretion under the United States Sentencing Guidelines by sentencing a naturalized defendant more than three times above his …
18-598 Andrew Chien v. Andrew K. Clark, et al. Second Circuit 2018-11-06 Denied Response WaivedRelisted (2) abuse-of-discretion appellate-review civil-procedure due-process equitable-relief judicial-bias rico rico-act second-circuit-review standing summary-affirmance summary-judgment takings Whether the Racketeer Influenced and Corrupt Organ Whether the Second Circuit erred in granting Appellees' motion for summary affirmance while denying Chien's motions as moot
18-6585 Raymond Alfred Gagnon v. United States Fifth Circuit 2018-11-06 Denied Response WaivedIFP abuse-of-discretion certificate-of-appeal civil-rights clear-and-convincing-evidence due-process fraud-on-the-court gonzalez-v-crosby habeas habeas-corpus prosecutorial-fraud rule-60 rule-60-motion second-or-successive-habeas-petition standing Whether the Appellate Court properly resolved the District Court's abuse of discretion
18-6561 In Re Jesus Denova Lopez 2018-11-05 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-court-discretion guidelines-range section-3553(a) section-3553a sentencing sentencing-guidelines sentencing-reasonableness standard-of-review substantive-reasonableness Whether the panel of the Fifth Circuit Court of Appeals abused its discretion by the rubberstamp of the erroneous and impermissible conclusion of erst…
18-6518 Gregory Crum v. United States Fourth Circuit 2018-10-31 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court-discretion drug-crimes drug-offense drug-offenses foreign-origin leadership-enhancement methamphetamine relevant-conduct sentencing sentencing-guidelines standard-of-review Whether the district court abused its discretion in determining relevant conduct
18-6523 Renee D. Bell v. Orlando Health, Inc., dba Winnie Palmer Hospital Florida 2018-10-31 Dismissed IFP abuse-of-discretion access-to-courts civil-procedure civil-procedure-dismissal constitutional-rights court-access due-process equal-protection pre-trial-conference procedural-due-process procedural-rights right-to-redress substantive-rights Whether dismissal based on failure to meet a pre-trial conference is a drastic action, and where court access is barred prior to the dismissal that th…
18-6494 Terrance Johnson v. United States Eleventh Circuit 2018-10-30 Denied Response WaivedIFP abuse-of-discretion civil-procedure discretionary-review district-court due-process evidentiary-hearing habeas-corpus judicial-procedure motion-to-reopen post-conviction-relief rule-60(b) rule-60b section-2255 standard-of-review Did the district court abuse its discretion by denying the Rule 60(b) motion without discovery or an evidentiary hearing?
18-6489 Guetatchew Fikrou v. Montgomery County Office of Child Support Enforcement Division, et al. Ninth Circuit 2018-10-29 Denied Response WaivedIFP abuse-of-discretion bankruptcy bankruptcy-code child-support civil-procedure civil-rights due-process federal-jurisdiction federal-statute standing state-law supplemental-jurisdiction Whether the abuse of discretion standard applies to review of the issues presented in the petition
18-6429 Victor Dewayne White v. Ector County Appraisal District Texas 2018-10-25 Denied Response WaivedIFP abuse-of-discretion california-v-larue civil-procedure civil-rights constitutional-interpretation court-discretion due-process federal-law judicial-ruling jurisdiction legal-procedure standing state-courts subject-matter-jurisdiction Did the Texas Courts abuse their discretion when they ruled contrary to established Federal Law, or as now ruled contrary to this Honorable Court's Ru…
18-517 Charles G. Kinney v. Philip Gutierrez Ninth Circuit 2018-10-19 Denied abuse-of-discretion bankruptcy-law civil-rights due-process free-speech judicial-discretion professional-speech section-1983 vexatious-litigant issues-being-raised
18-508 Charles G. Kinney v. Tyson Takeuchi, et al. Ninth Circuit 2018-10-18 Denied Response Waived abuse-of-discretion bankruptcy bankruptcy-law civil-rights due-process false-statements federal-procedure free-speech judicial-discretion professional-speech Issue being raised
18-515 Charles G. Kinney v. Michele R. Clark, et al. Ninth Circuit 2018-10-18 Denied abuse-of-discretion bankruptcy bankruptcy-law civil-rights due-process federal-procedure free-speech judicial-discretion judicial-misconduct professional-speech Dismissal of pro se litigant's appeals for alleged professional speech violations, cover-up of bankruptcy law violations, and abuse of discretion by a…
18-6386 Dora L. Adkins v. Whole Foods Market Group, Inc. Fourth Circuit 2018-10-18 Denied Response WaivedRelisted (2)IFP abuse-of-discretion breach-of-contract civil-procedure civil-rights dismissal district-court-dismissal due-process emotional-distress gross-negligence motion-to-dismiss reconsideration standing subject-matter-jurisdiction Whether the United States Court of Appeals for the Fourth Circuit erred
18-6356 Earl Reyes v. Dale Artus Second Circuit 2018-10-17 Denied Response WaivedIFP abuse-of-discretion appellate-procedure certificate-of-appealability civil-procedure-appeal court-of-appeals federal-rules-of-appellate-procedure final-decision frap-rule-24 in-forma-pauperis indigent-appellant indigent-rights motion-to-vacate plain-error standing Whether the court of appeals abused its discretion Whether the court of appeals was correct to requir Whether it was plain error for a court of appeals to deny in forma pauperis relief to an indigent appellant
18-6349 Daniel Israel Palomino v. United States Ninth Circuit 2018-10-16 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court-review due-process guideline-commentary judicial-discretion judicial-review legal-interpretation sentencing-factors sentencing-guidelines sentencing-procedure statutory-interpretation Whether a district court abuses its discretion in misapplying a sentencing guideline when it refuses to consider a factor expressly provided for in th…
18-452 Jesse L. Wesley, III v. Town Square Media West Central Radio Broadcasting, et al. Ninth Circuit 2018-10-11 Denied Response Waived abuse-of-discretion appellate-procedure civil-procedure de-novo de-novo-review motion-to-amend standard-of-review summary-judgment Whether a district court's decision on a motion to amend a summary judgment should be reviewed with the standard of abuse of discretion or de novo
18-6273 Antoine Davis v. United States Third Circuit 2018-10-10 Denied Response WaivedRelisted (2)IFP abuse-of-discretion civil-procedure constitutional-rights due-process evidence evidence-exclusion fair-trial fifth-amendment government-witness ineffective-assistance-of-counsel plain-error sixth-amendment Whether the Lower Court Misapprehended its Abuse of discretion when the lower court excluded evidence of the Government witness, which evidence was pu…
18-6287 Billy Jack Crutsinger v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-10 Denied IFP 18-usc-3599 abuse-of-discretion constitutional-claim criminal-procedure-18-usc-3599 dna-evidence expert-services habeas-corpus judicial-discretion reasonable-necessity Whether establishing that requested expert services are reasonably necessary to the representation under 18 U.S.C. § 3599 requires articulation of a c…
18-6260 Jaime Traverso v. Maryland Maryland 2018-10-09 Denied Response WaivedIFP abuse-of-discretion constitutional-law constitutional-review criminal-procedure due-process evidence-withholding full-faith-and-credit full-faith-credit-clause judicial-discretion law-of-case perjury prosecutorial-misconduct standing withheld-evidence Did the Maryland court abuse its discretion by refusing to reopen the law of the case established by the testimony of a convicted perjurer, withheld f…
18-6215 Leonard Nathaniel Peragine, Jr. v. United States Eleventh Circuit 2018-10-05 Denied Response WaivedIFP abuse-of-discretion child-enticement child-pornography congressional-intent criminal-sentencing empirical-evidence guideline-calculation sentencing sentencing-guidelines statutory-interpretation Whether the district court's utilization of the child pornography guideline in Section 2G2.2 to determine the sentence for a defendant whose primary o…
18-6202 Amil Dinsio v. Appellate Division, Supreme Court of New York, Third Judicial Department Second Circuit 2018-10-03 Denied Response WaivedIFP abuse-of-discretion appellate-procedure appellate-review civil-procedure court-mandate discretion due-process federal-courts judicial-discretion legal-review mandate mandate-recall motion-denial recall standing Did the Second Circuit Court abuse its discretion when it denied the Petitioner's motion to recall the Court's mandate?
18-6207 Manuel Ernesto Paiz Guevara v. United States Fourth Circuit 2018-10-03 Denied Response RequestedResponse WaivedRelisted (2)IFP abuse-of-discretion capital-crime capital-punishment criminal-procedure death-penalty eighth-amendment fourth-circuit-split mandatory-sentencing miller-v-alabama right-to-counsel sentencing sentencing-discretion statutory-interpretation Whether the Fourth Circuit erred in denying the defendant's request for two attorneys in a capital case
18-6171 Dion Terry Taylor v. United States Sixth Circuit 2018-10-02 Denied Response WaivedIFP abuse-of-discretion appellate-review district-court-discretion district-court-proceedings inter-circuit-inconsistency pinney-dock proof-standard sentencing sentencing-enhancement sixth-circuit sixth-circuit-standard standard-of-proof standard-of-review u-s-sentencing-guidelines u.s.s.g.-§5k2.1 unraised-claims Whether the Sixth Circuit's 'Pinney Dock' standard for reviewing unraised claims should be clarified
18-6145 Maurice Nichols v. United States Third Circuit 2018-10-01 Denied Response WaivedIFP abuse-of-discretion appeals appellate-jurisdiction civil-procedure civil-rights due-process habeas-corpus standard-of-review standing successive-petitions Did the Appellate Court and District Court close their discretion in construing the petitioner's Rule 60(b) Motion as a Second and Successive Habeas P…
18-6150 Noel Aquino-Florenciani v. United States First Circuit 2018-10-01 Denied Response WaivedRelisted (2)IFP abuse-of-discretion child-pornography criminal-law criminal-procedure due-process internet-access internet-access-ban sentencing sentencing-guidelines supervised-release Whether the court's imposition of a total ban of internet access as a condition of supervised release is an overly broad and restrictive and without a…
18-6068 Rodney L. Jones v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2018-09-21 Denied Response WaivedIFP abuse-of-discretion appellate-review certificate-of-appealability civil-procedure court-of-appeals discretion due-process habeas-corpus Did the court of appeals abuse its discretion in denying petitioner's application for certificate of appealability?
18-6035 Zachary Chambers v. United States Third Circuit 2018-09-20 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sentencing-exposure sixth-amendment trial-counsel Whether the lower court abused its discretion in ruling that trial counsel's erroneous advice about petitioner's sentencing exposure if he proceed to …
18-6051 John Phillip Bender v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-09-20 Denied Response WaivedRelisted (2)IFP abuse-of-discretion aedpa-limitations appeal certificate-of-appealability civil-rights constitutional-claims due-process habeas habeas-corpus habeas-review prima-facie-innocence rule-60b standing Did the lower court clearly err abusing its discretion applying certificate of appealability (COA) law outside Constitutional bounds
18-5988 Master Baye Balah Allah v. Brian Wilson, et al. Second Circuit 2018-09-14 Denied IFP 28-usc-1915-e abuse-of-discretion appellate-review civil-procedure civil-procedure,standing,due-process,abuse-of-disc court-of-appeals due-process evidence federal-statute legal-standard lower-court standing Whether the court of appeals abused its discretion
18-5968 In Re Jose Prisciliano Gracia-Cantu 2018-09-13 Denied Response WaivedIFP abuse-of-discretion criminal-sentencing federal-appeals-court federal-courts federal-prisoner judicial-discretion mandamus mandate mandate-stay resentencing sentencing-guidelines unreasonable-sentence vacated-sentence writ-of-mandamus Whether a federal court of appeals can stay its mandate for more than five months, thereby keeping a federal prisoner in jail under an unreasonable se…
18-5970 Allen D. Gorion v. United States Ninth Circuit 2018-09-13 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing cruel-and-unusual-punishment due-process federal-sentencing judicial-discretion reasonableness reasonableness-standard sentencing-discretion sentencing-guidelines sentencing-reform Whether certiorari should be granted to set forth some guidelines in determining when a sentence is unreasonable?
18-5889 James Ronald Welch, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-09-06 Denied Response WaivedIFP abuse-of-discretion appeals appellate-procedure appellate-review civil-procedure civil-rights court-procedure criminal-procedure due-process habeas-corpus judicial-discretion judicial-review legal-review standing Whether the U.S. Circuit Court Judge Kevin C. Newson erred in denying Appellant's appeal
18-5872 Miguel Medina-Reyes v. United States Fifth Circuit 2018-09-04 Denied Response WaivedIFP 3553(a) drug-trafficking federal-criminal-justice-system pre-sentence-report sentencing 3553(a) 3553(a)-factors 3553a-factors abuse-of-discretion amendment-782 criminal-procedure drug-amount drug-quantity-attribution drug-trafficking-conspiracy due-process pre-sentence-report sentencing sentencing-discretion threshold Whether Petitioner's due process rights were violated
18-5823 Alonzo D. Marshall v. United States District of Columbia 2018-08-29 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process evidentiary-hearing innocence innocence-claim post-conviction-relief section-23-110 trial-court-discretion witness-credibility Whether the court of appeals erred in affirming the trial court's decision to deny the defendant's Section 23-110 motion following an evidentiary hear…
18-5760 William Benjamin Brown v. Andrew Mansukhani, Warden Fourth Circuit 2018-08-24 Denied Response RequestedResponse WaivedRelisted (2)IFP abuse-of-discretion administrative-law appellate-review civil-procedure constitutional-provisions due-process jurisdiction standing Did Yar Dishtich Lourl Moose ays Disteion BY Nol Address x's Cour OADER 7?
18-5557 Matthew Joseph Bussing v. Michigan Michigan 2018-08-13 Denied IFP abuse-of-discretion civil-procedure civil-rights due-process evidence expert-testimony expert-witness standard-of-review supreme-court-precedent Whether the court abused its discretion in permitting a rebuttal witness who was not an expert in pediatric child abuse to testify outside his compete…
18-184 John Ayanbadejo v. Mark Siegl, et al. Fifth Circuit 2018-08-09 Denied Response Waived abuse-of-discretion administrative-law appellate-court appellate-review civil-procedure court-procedure district-court due-process immigration judicial-proceedings legal-standard mootness procedural-error standing Whether the Lower Appellate Court departed from the accepted and usual course of judicial proceedings, and/or sanctioned such a departure by the U.S. …
18-5515 Louie Anthony Salemi v. United States Eleventh Circuit 2018-08-09 Denied Response WaivedIFP 28-usc-2255 abuse-of-discretion boiler-plate-language certificate-of-appealability eleventh-circuit evidentiary-hearing habeas-corpus-review-2255-claims ineffective-assistance ineffective-assistance-of-counsel machibroda-v-united-states off-the-record-advice reasoned-opinion section-2255 summary-order Did the Eleventh Circuit Court of Appeals abuse its discretion by not providing a reasoned opinion to support its order?
18-5522 Edward Vincent Ray v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2018-08-09 Denied Response WaivedIFP abuse-of-discretion appellate-review buck-v-davis civil-procedure civil-rights district-court due-process federal-courts gonzalez-v-crosby habeas-corpus legal-standard rule-60b standing successive-petition Whether the United States District Court abused its discretion by construing Petitioner's Federal Rules of Civil Procedure Rule 60(b) motion as a 'suc…
18-5484 William N. Washington v. California California 2018-08-08 Denied Response WaivedIFP abuse-of-discretion criminal-sentencing custody-credits due-process equal-protection habeas-corpus original-sentence penal-code penal-code-1170.18 proposition-47 resentencing safe-neighborhoods-act sentencing sentencing-discretion Whether the trial court erred in failing to recalculate all days of custody from the date of original judgment, and only awarded custody credits from …
18-5476 Abdul Hakiym Ismaiyl v. Fatimah D. Brown, et al. Sixth Circuit 2018-08-07 Denied IFP abuse-of-discretion civil-procedure civil-procedure-52 clearly-erroneous due-process fabricated-facts fact-finding judicial-discretion pleadings rule-12b6 rule-52 rule-60 Whether the fact-finding process under Fed. R. Civ. P. 52 permits a court to fabricate or use fabricated facts not found in the pleadings, altering th…
18-160 Charles G. Kinney v. United States Court of Appeals for the Ninth Circuit Ninth Circuit 2018-08-06 Denied Response Waived abuse-of-discretion civil-rights civil-rights-violation civil-rights-violations due-process first-amendment hobbs-act honest-services judicial-discretion pre-filing-order prosecutorial-acts prosecutorial-misconduct Did this Ninth Circuit panel abuse its discretion in issuing a global pre-filing review order against Kinney?
18-90 Colonial School District v. Rena C. Third Circuit 2018-07-20 Denied abuse-of-discretion attorney-fees buckhannon-board-and-care-home buckhannon-rule catalyst-theory disabilities-education frivolous-litigation individuals-with-disabilities-education-act-2004 individuals-with-disabilities-education-improvemen pierce-v-underwood plenary-review settlement-offer Whether the court of appeals' decision regarding the phrase 'substantially justified' fails to follow Pierce v. Underwood and conflicts with Gary G. v…
18-5270 Steven Lynn Deem v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-19 Denied IFP abuse-of-discretion actual-innocence certificate-of-appealability due-process federal-courts habeas-corpus ineffective-assistance-of-counsel jurists-of-reason merits-hearing procedural-standard self-representation Whether the Fifth Circuit abused its discretion in denying a certificate of appealability on petitioner's actual-innocence claim
18-80 Pamela Melvin v. Peter O'Rourke, Secretary of Veterans Affairs Federal Circuit 2018-07-17 Denied Response Waived abuse-of-discretion due-process equal-protection inherent-power judicial-review search-and-seizure standard-of-review statutory-interpretation veterans-affairs veterans-law waived-arguments Whether 38 USC §7292 prohibits review of the Veterans Court's decision and evidence
18-5188 James Wilks v. United States Fifth Circuit 2018-07-11 Denied Response WaivedIFP 18-usc-3553(a) abuse-of-discretion district-court judicial-discretion plain-error plainly-unreasonable revocation revocation-sentence sentencing sentencing-factors supervised-release unreasonable-sentence Whether the district court imposed a plainly unreasonable revocation sentence by failing to properly balance the sentencing factors under 18 U.S.C. § …
18-5178 Kimberly Baltimore v. Frank Stephen Buck Alabama 2018-07-10 Denied Relisted (2)IFP abuse-of-discretion civil-procedure-abuse-of-discretion-reversal-judgm civil-rights conspiracy district-court due-process fraud fraud-allegation judicial-misconduct legal-ethics procedural-irregularity standing unsworn-testimony Whether the lower court erred in allowing the appellee's 'because I said so' defense without sworn testimony
18-5193 William Brown v. United States First Circuit 2018-07-10 Denied Response WaivedIFP abuse-of-discretion beckles-precedent beckles-v-united-states crime-of-violence due-process federal-sentencing-law johnson-v-united-states procedural-error residual-clause sentencing-guidelines void-for-vagueness Whether reliance on the 'residual clause' of the 'crime of violence' definition in the United States Sentencing Guidelines, U.S.S.G. § 4B1.2(a)(2), is…
18-5196 Jeffrey P. Corbin v. Federal Express, dba FedEx Fourth Circuit 2018-07-10 Denied IFP abuse-of-discretion civil-procedure civil-rights eeoc-charge employment-discrimination evidentiary-rulings retaliation subject-matter-jurisdiction title-vii Whether filing a Title VII action to which the underlying EEOC charge failed to assert retaliation, an amended complaint allegation asserting retaliat…
18-37 Securiforce International America, LLC v. United States Federal Circuit 2018-07-06 Denied Amici (1) abuse-of-discretion administrative-law authorized-agent authorized-official contract-termination discretionary-determination discretionary-determinations government-contracts government-procurement judicial-review procurement standard-of-review Whether discretionary government procurement determinations may be upheld as reasonable when the authorized official expressly disavows making the req…
18-5135 Mark Francis Honish v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-05 Denied Response RequestedRelisted (3)IFP abuse-of-discretion certificate-of-appealability due-process federal-procedure fifth-circuit habeas-corpus ineffective-assistance-of-counsel judicial-discretion statute-of-limitations statutory-interpretation time-limitation tolling Was Honish's first state habeas writ 'application' properly filed within the meaning of 28 U.S.C. §2244(d)(2), and required to be tolled?
18-5047 Keith Lamont Tutt v. United States Fourth Circuit 2018-06-29 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility corporate-liability criminal-procedure-due-process discretion due-process environmental-regulations fair-opportunity officer-responsibility plea-bargaining regulatory-compliance sentencing statutory-interpretation withdraw-guilty-plea withdrawal-of-plea Whether the district court prejudiced the defendant by denying him due process of law and a fair opportunity to be heard concerning his reasons for wa…