Fifth-Amendment
1,617 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6819 | Brandon Prawl v. United States | Second Circuit | 2026-02-13 | Pending | IFP | appellate-review constructive-amendment criminal-indictment due-process fifth-amendment sixth-amendment | Does a conviction for a crime different from the one originally indicted contravene a defendant's Fifth and Sixth Amendment rights? |
| 25-6787 | James Webb Hunter v. S. F. | California | 2026-02-11 | Pending | IFP | due-process extrinsic-fraud fifth-amendment judicial-bias restraining-order second-amendment | Whether California's prolonged disarmament of an individual under a non-violent restraining order violates the Second and Fourteenth Amendments when n… |
| 25-6776 | Carol Engen v. United States | Federal Circuit | 2026-02-10 | Pending | IFP | claim-preclusion due-process fifth-amendment foreclosure-proceeding tax-lien tucker-act | Whether a summary judgment in a tax lien-foreclosure proceeding constitutes a 'final judgment on the merits' for claim preclusion purposes, barring a … |
| 25-931 | BAS, LLC v. Tommy Land, in His Official Capacity as Commissioner of State Lands for the State of Arkansas | Arkansas | 2026-02-06 | Pending | fifth-amendment fourteenth-amendment just-compensation property-rights sovereign-immunity takings-clause | Does a state's Fifth and Fourteenth Amendment obligation to pay just compensation waive sovereign immunity when it takes private property? | |
| 25A887 | Arron Benedetti, et al. v. Marin County, California, et al. | California | 2026-02-05 | Application | fifth-amendment fourteenth-amendment land-use-exaction nollan-test property-rights residential-development | Whether a government may impose a condition of residential development requiring a landowner to personally engage in commercial agriculture in perpetu… | |
| 25-6724 | Diamond King v. United States Postal Service, et al. | Fifth Circuit | 2026-02-04 | Pending | Response WaivedIFP | due-process fifth-amendment judicial-review procedural-dismissal service-evasion whistleblower-claims | Whether the United States Court of Appeals for the Fifth Circuit violated Petitioner's Fifth Amendment right to due process by affirming dismissal of … |
| 25A876 | Jernice Hamilton, aka Garnaris Hamilton v. United States | Federal Circuit | 2026-02-04 | Application | disability-retirement fifth-amendment fourteenth-amendment military-records pro-se subject-matter-jurisdiction | Whether the Fifth and Fourteenth Amendments permit a federal court to dismiss a pro se plaintiff's claims for disability retirement, back pay, and mil… | |
| 25-902 | Novartis Pharmaceuticals Corporation v. Robert F. Kennedy, Secretary of Health and Human Services, et al. | Third Circuit | 2026-02-02 | Pending | anti-injunction-act civil-penalty drug-price-negotiation excessive-fines-clause fifth-amendment first-amendment | Whether the Anti-Injunction Act bars judicial review of a civil penalty labeled as a tax when the penalty is effectively unpayable, whether the Drug P… | |
| 25-6667 | Alexis D. Negrón-Cruz v. United States | First Circuit | 2026-01-29 | Pending | Response WaivedIFP | criminal-procedure due-process ex-parte-communication fifth-amendment neutral-arbiter probation-revocation | Does a district court violate the Fifth Amendment's neutral-and-detached-arbiter requirement, as recognized in Morrissey, when it engages in ex parte … |
| 25-880 | In Re Roy Dixon, et ux. | 2026-01-22 | Pending | Response Waived | civil-rights due-process fifth-amendment foreclosure fourteenth-amendment mandamus | Whether a writ of mandamus should issue directing the 15th Judicial Circuit Court to vacate a fraudulent foreclosure judgment issued without trial and… | |
| 25-871 | Glenn Allen Brooks v. United States | District of Columbia | 2026-01-22 | Pending | Response Waived | appellate-rights burdick-precedent criminal-procedure due-process fifth-amendment presidential-pardon | Whether a Presidential pardon can be forcibly imposed on a defendant against his will when he seeks to continue pursuing appellate review and exonerat… |
| 25A835 | Vikram Valame v. Donald J. Trump, President of the United States, et al. | Ninth Circuit | 2026-01-21 | Application | equal-protection equal-rights-amendment fifth-amendment military-integration rostker-v-goldberg selective-service | Whether the male-only Selective Service registration requirement violates the Equal Protection component of the Fifth Amendment in light of women's fu… | |
| 25-6614 | In Re Joey Lamont Brunson | 2026-01-20 | Pending | IFP | due-process fifth-amendment rule-12 subject-matter-jurisdiction title-iii wiretap-evidence | Was the district court's assertion of subject matter jurisdiction valid after jurisdiction was challenged under F.R.Cr.P. Rule 12(b)(2) regarding the … | |
| 25-6579 | Robert Keaton v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2026-01-14 | Pending | Response WaivedIFP | appellate-procedure certificate-of-appealability fifth-amendment fourteenth-amendment habeas-corpus takings-clause | Whether an accused's rights under the Takings Clause of the Fifth and Fourteenth Amendment are offended when a United States Court of Appeals denies a… |
| 25-6584 | Leihinahina Sullivan v. United States | Ninth Circuit | 2026-01-14 | Pending | Response WaivedIFP | criminal-procedure due-process fifth-amendment judicial-misconduct prosecutorial-misconduct sixth-amendment | Whether multiple alleged judicial and prosecutorial errors in a criminal case constitute grounds for reversal of conviction and sentencing, including … |
| 25-6562 | Dustin Shane Sandiford v. United States | Eleventh Circuit | 2026-01-13 | Pending | Response RequestedResponse WaivedIFP | digital-evidence due-process fifth-amendment fourth-amendment search-and-seizure warrant-requirement | Whether the Eleventh Circuit misconstrued the Fourth and Fifth Amendment warrant and due process requirements when refusing to consider critical facts… |
| 25-6564 | Ambreia Washington v. Tennessee | Tennessee | 2026-01-13 | Pending | Response WaivedIFP | fifth-amendment fourth-amendment plain-view-exception probable-cause self-incrimination warrantless-seizure | Whether information obtained in violation of the Fifth Amendment's Self-Incrimination Clause can establish the probable cause necessary to authorize a… |
| 25-6533 | Arthur Raffy Aslanian v. United States | Ninth Circuit | 2026-01-09 | Pending | IFP | appeal-waiver appellate-rights criminal-procedure due-process fifth-amendment post-trial-agreement | Whether a post-trial waiver of appeal is unknowing and involuntary under the Fifth Amendment when the defendant was not fully advised of appellate rig… |
| 25-6520 | Steven George Morgan v. United States | Eleventh Circuit | 2026-01-08 | Pending | Response RequestedResponse WaivedIFP | constitutional-rights fifth-amendment interrogation involuntary-statements miranda-rights police-deception | Whether police deception that explicitly disavows the interrogative nature of an officer's false promise renders a suspect's subsequent statements inv… |
| 25A788 | Kriston Price v. Ohio | Ohio | 2026-01-08 | Application | fifth-amendment fourteenth-amendment home-invasion self-defense sixth-amendment voluntary-manslaughter | Whether a defendant's self-defense claim involving proportional force during a home invasion can constitute a valid legal defense to a voluntary mansl… | |
| 25A795 | Amy Hadley v. City of South Bend, Indiana, et al. | Seventh Circuit | 2026-01-08 | Application | fifth-amendment just-compensation law-enforcement police-power property-damage takings-clause | Whether the Takings Clause requires compensation when government damages private property during law enforcement actions under its police power | |
| 25A787 | Jacquelyn Miller v. Dylan Farris, et al. | Ninth Circuit | 2026-01-07 | Application | constitutional-rights due-process fifth-amendment fourteenth-amendment judicial-review procedural-safeguards | Whether the Fifth and Fourteenth Amendments require meaningful judicial review and procedural safeguards when constitutional due process rights are po… | |
| 25-799 | Boehringer Ingelheim Pharmaceuticals, Inc. v. Department of Health and Human Services, et al. | Second Circuit | 2026-01-07 | Pending | Amici (1) | due-process economic-coercion fifth-amendment first-amendment medicare-negotiation property-rights | Is the Medicare Drug Price Negotiation Program immune from constitutional scrutiny due to economic coercion, and does it unconstitutionally condition … |
| 25-6495 | Jason Elysse v. Florida | Florida | 2026-01-06 | Pending | IFP | appellate-review constitutional-claim discretionary-jurisdiction fifth-amendment fourteenth-amendment sixth-amendment | Whether a State Appellate Court violates a Defendant's Fifth, Sixth, and Fourteenth Amendment rights when affirming a trial Court's denial of a reques… |
| 25-6487 | Derrick S. Lewis v. United States | Eleventh Circuit | 2026-01-06 | Pending | Response WaivedIFP | apprendi-rule criminal-procedure fifth-amendment jury-determination sentencing-guidelines sixth-amendment | Whether the Fifth and Sixth Amendments are violated when a sentencing judge finds facts that alter sentencing ranges without jury determination beyond… |
| 25-6478 | Jeremy Edward Johnson v. United States | Third Circuit | 2026-01-05 | Pending | Response WaivedIFP | criminal-procedure due-process fifth-amendment harmless-error miranda-rights self-incrimination | Did the Third Circuit err by assuming a Miranda violation was harmless and not determining whether a Miranda violation occurred? |
| 25-6437 | Sean Blaine James v. Oregon | Oregon | 2025-12-29 | Denied | Response WaivedIFP | due-process fifth-amendment fourteenth-amendment grand-jury-clause incorporation-doctrine sentence-enhancement | Whether the Fourteenth Amendment fully incorporates the Grand Jury Clause of the Fifth Amendment? |
| 25-749 | Janssen Pharmaceuticals, Inc. v. Robert F. Kennedy, Secretary of Health and Human Services, et al. | Third Circuit | 2025-12-23 | Pending | drug-pricing economic-coercion fifth-amendment first-amendment government-compulsion medicare-negotiation | Does the Medicare Drug Price Negotiation Program violate the First Amendment by compelling pharmaceutical companies to express the government's disput… | |
| 25-6412 | Israel Navarro v. New York | New York | 2025-12-22 | Pending | Response WaivedIFP | apprendi-rule criminal-procedure fifth-amendment jury-trial sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments guarantee criminal defendants the right to a jury trial on statutorily required factual findings before an enha… |
| 25-695 | Maxwell A. Matthew v. United States | Armed Forces | 2025-12-15 | Denied | Response Waived | convening-authority court-martial criminal-procedure double-jeopardy fifth-amendment military-justice | Did the Convening Authority's action of ordering a second court-martial for the same offenses violate the Fifth Amendment's double jeopardy clause? |
| 25-6363 | Arturo Amaran v. Florida | Florida | 2025-12-15 | Pending | Response WaivedIFP | constitutional-law fifth-amendment judicial-authority legislative-intent separation-of-powers statutory-interpretation | Whether Florida courts can expand or invent exceptions to Supreme Court 5th Amendment jurisprudence and modify statutory language beyond legislative i… |
| 25-6308 | Johnny Joe Figueroa-Mangual v. United States | First Circuit | 2025-12-08 | Denied | Response WaivedIFP | constitutional-rights eighth-amendment fifth-amendment plea-agreement sentencing-guidelines sixth-amendment | Whether the sentencing factors under 18 U.S.C. 3553(a) and the plea agreement were violated in imposing a 108-month sentence that upwardly departed fr… |
| 25-6305 | Anthony Darrell Heath v. Kathy Brittain, Superintendent, State Correctional Institution at Frackville, et al. | Third Circuit | 2025-12-05 | Pending | IFP | constitutional-rights custodial-interrogation fifth-amendment fourteenth-amendment mental-health miranda-rights | Whether Miranda warnings adequately protect the constitutional rights of mentally ill individuals during custodial police interrogations and require a… |
| 25-6298 | Peter Joseph Polinski v. United States | Federal Circuit | 2025-12-05 | Denied | Response WaivedIFP | constitutional-injury federal-claims-court fifth-amendment subject-matter-jurisdiction takings-clause tucker-act | Whether the United States Court of Federal Claims erred in dismissing Polinski v. United States for lack of subject matter jurisdiction despite consti… |
| 25-6288 | Christopher John Derting v. Florida | Florida | 2025-12-04 | Denied | Response WaivedIFP | constitutional-rights criminal-sentencing fifth-amendment habitual-offender-statute preponderance-of-evidence sixth-amendment | Whether Florida Statute 775.084 violates the Fifth and Sixth Amendments by allowing a judge to determine 'certain circumstances' under a preponderance… |
| 25A651 | Alabama v. Michael Anthony Powell | Alabama | 2025-12-03 | Application | closing-arguments constitutional-violation fifth-amendment harmless-error prosecutorial-comments right-to-silence | Whether a prosecutor's comments during closing arguments that could be interpreted as referencing a defendant's decision not to testify violate the Fi… | |
| 25A650 | Alabama v. Brandon Dewayne Sykes | Alabama | 2025-12-03 | Application | closing-argument fifth-amendment griffin-violation harmless-error prosecutorial-comment self-incrimination | Whether a prosecutor's comments during closing argument that implicitly reference a defendant's choice not to testify violate the Fifth Amendment's pr… | |
| 25-633 | Dennis A. George, Jr. v. United States | Armed Forces | 2025-12-03 | Denied | Response Waived | charging-document due-process fair-notice fifth-amendment legal-sufficiency sixth-amendment | Under the Fifth Amendment right to due process and the Sixth Amendment right to fair notice, may a conviction be affirmed as legally sufficient based … |
| 25A638 | William Lewis Reece v. Oklahoma | Oklahoma | 2025-12-02 | Application | coerced-confession criminal-procedure due-process fifth-amendment interrogation-techniques self-incrimination | Whether a criminal defendant's confession was involuntary and obtained in violation of his Fifth Amendment right against self-incrimination when law e… | |
| 25A628 | Operating Engineers Trust Fund of Washington, D.C., et al. v. United States | Federal Circuit | 2025-12-01 | Application | fifth-amendment government-program property-interest reinsurance-fund takings-clause trust-requirement | Whether a government program that requires group health plans to pay into a reinsurance fund without receiving any benefits constitutes a taking under… | |
| 25-6245 | Dean Alan Smith v. United States | Ninth Circuit | 2025-11-26 | Denied | Response WaivedIFP | allen-instruction due-process fifth-amendment impartial-jury jury-deadlock sixth-amendment | Whether the appellate court erred in affirming the district court's decision to proffer two distinct Allen instructions when the jury was already hope… |
| 25-6239 | Elijah D. Brown v. United States | Fifth Circuit | 2025-11-25 | Denied | Response WaivedIFP | adversarial-testing circuit-split due-process evidence-standard fifth-amendment sentencing | Whether the Fifth Amendment's Due Process Clause permits a district court to base a sentencing determination on technical and factual assertions that … |
| 25-6204 | Brian N. Terry v. Oklahoma | Oklahoma | 2025-11-24 | Denied | IFP | appellate-counsel constitutional-rights due-process fifth-amendment fourth-amendment search-and-seizure | Whether a criminal defendant has a constitutional right to have appellate counsel raise every nonfrivolous issue, and whether searches of home and per… |
| 25-6200 | Daman Thomas Caldwell v. Florida | Florida | 2025-11-21 | Denied | Response WaivedIFP | constitutional-violations false-police-report fifth-amendment first-amendment per-curiam-affirmance sixth-amendment | Whether the conviction of Petitioner, obtained under a per curiam affirmance without opinion and supported by a false police report, violates the Firs… |
| 25-6184 | Albert Jackson v. Horizon Shipbuilding, Inc., et al. | Eleventh Circuit | 2025-11-20 | Denied | IFP | administrative-law due-process fifth-amendment judicial-review longshore-act subject-matter-jurisdiction | Whether an Administrative Law Judge can lawfully review, modify, and terminate a previously adjudicated Longshore Harbor Workers' Act claim without fo… |
| 25-6183 | Stephen C. Crawford v. United States | Fourth Circuit | 2025-11-20 | Denied | Response WaivedIFP | fifth-amendment perjury reasonable-doubt self-defense sentencing-guidelines sixth-amendment | Whether the Court should adopt a definition of reasonable doubt and whether the District Court erred in applying sentencing guidelines related to perj… |
| 25-6171 | Aldo DiBelardino v. Jason S. Miyares, Attorney General of Virginia, et al. | Fourth Circuit | 2025-11-19 | Denied | Response WaivedIFP | constitutional-rights due-process fifth-amendment fourteenth-amendment grand-jury law-enforcement | Whether the systematic manipulation of grand jury authority violates due process guarantees under the Fifth and Fourteenth Amendments, and whether the… |
| 25-6163 | Terrance Deshun Cash v. United States | Fifth Circuit | 2025-11-19 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights due-process fifth-amendment hearsay sixth-amendment | Whether the Fifth Circuit Court of Appeals violated Petitioner Cash's constitutional rights by allowing hearsay testimony and failing to address his F… |
| 25-6157 | Eric King v. United States | Sixth Circuit | 2025-11-19 | Denied | Response WaivedIFP | criminal-procedure due-process equal-protection fifth-amendment identity-theft indictment-defects | Whether a conviction for aggravated identity theft can stand when the alleged identity use was merely incidental in progress notes without fraudulent … |
| 25-586 | Bradley E. Green v. Merit Systems Protection Board | Federal Circuit | 2025-11-18 | Denied | Response Waived | administrative-law due-process employment-termination fifth-amendment merit-system-protections-board property-interest | Whether the United States Postal Service violated Petitioner's Due Process Rights by terminating employment without a full and fair investigation |
| 25-6127 | Brodrick Eugene Davis v. United States | Fifth Circuit | 2025-11-14 | Pending | IFP | constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-interpretation | Does 18 U.S.C. § 3583(g) violate the Fifth and Sixth amendments? |
| 25A554 | BAS, LLC v. Tommy Land, in His Official Capacity as Commissioner of State Lands for the State of Arkansas | Arkansas | 2025-11-13 | Application | civil-rights fifth-amendment just-compensation property-rights sovereign-immunity takings-clause | Whether states can assert sovereign immunity to bar federal civil rights claims seeking just compensation for a taking of private property under the F… | |
| 25-6109 | Dion Marsh v. United States | Third Circuit | 2025-11-13 | Denied | Response WaivedIFP | criminal-defendant due-process fifth-amendment remorselessness self-incrimination sentencing | Whether the Fifth Amendment prohibits a sentencing court from inferring remorselessness from a criminal defendant's silence |
| 25-6090 | Derrick Lorenzo Casey v. United States | Fourth Circuit | 2025-11-12 | Denied | Response WaivedIFP | armed-career-criminal charging-error fifth-amendment guilty-plea harmless-error structural-error | Whether a Fifth Amendment charging error for an aggravated offense is structural error and how harmless error review should be applied in the guilty p… |
| 25-6072 | William Douglas Marcum v. Merit Systems Protection Board | Federal Circuit | 2025-11-10 | Denied | Response WaivedIFP | discovery-denial due-process exculpatory-evidence fifth-amendment merit-systems-protection-board perjured-testimony | Whether the Fifth Amendment's Due Process Clause is violated when the Merit Systems Protection Board relies on perjured testimony, denies discovery, a… |
| 25A519 | Bristol Myers Squibb Company v. Robert F. Kennedy, Secretary of Health and Human Services, et al. | Third Circuit | 2025-11-05 | Application | constitutional-challenge drug-pricing fifth-amendment first-amendment inflation-reduction-act medicare-drug-negotiation | Whether the Medicare Drug Price Negotiation Program created by the Inflation Reduction Act of 2022 violates the Fifth and First Amendments | |
| 25A507 | William King, on Behalf of Himself and on Behalf of a Class of Others Similarly Situated, et al. v. United States | Federal Circuit | 2025-11-04 | Application | contractual-right fifth-amendment government-appropriation per-se-taking property-interest takings-clause | Whether the Fifth Amendment's Takings Clause requires a per se taking analysis when a government action impairs a contractual right to draw on a pool … | |
| 25-6028 | Elizabeth Mora Leyva v. United States | Fifth Circuit | 2025-11-04 | Denied | Response WaivedIFP | co-conspirator criminal-law fifth-amendment firearm-enhancement sentencing-guidelines substantive-due-process | Whether the District Court denied the Petitioner's constitutional right to substantive due process under the Fifth Amendment by adding an enhancement … |
| 25A514 | Janssen Pharmaceuticals, Inc. v. Robert F. Kennedy, Secretary of Health and Human Services, et al. | Third Circuit | 2025-11-04 | Application | compelled-speech fifth-amendment first-amendment government-coercion medicare-drug-negotiation takings-clause | Whether the Medicare Drug Price Negotiation Program's mandatory price negotiations and severe financial penalties for non-compliance constitute an unc… | |
| 25-6016 | Todd White v. ACell, Inc. | Fourth Circuit | 2025-11-03 | Denied | Response WaivedIFP | appellate-review circuit-split due-process false-claims-act fifth-amendment summary-judgment | Whether the Fourth Circuit violated due process by denying a motion to amend an informal opening brief and erred in affirming summary judgment on a Fa… |
| 25-539 | Johnathan H. Dinh, et al. v. United States | Federal Circuit | 2025-11-03 | Denied | Amici (1)Response Waived | fifth-amendment government-liability just-compensation property-rights takings-clause third-party-taking | Can Congress insulate itself from Fifth Amendment takings liability by creating a separate, third-party entity and authorizing that entity to 'indepen… |
| 25-523 | United Water Conservation District v. United States | Federal Circuit | 2025-10-29 | Pending | Amici (7) | fifth-amendment government-appropriation physical-taking property-rights regulatory-taking water-rights | Whether the government's appropriation of water that a person had a property right to use is analyzed as a physical taking, rather than a regulatory t… |
| 25A487 | Jairo Huertas-Mercado v. United States | First Circuit | 2025-10-28 | Application | constitutional-delay criminal-procedure due-process fifth-amendment sixth-amendment speedy-trial | Whether the Fifth and Sixth Amendments require dismissal of criminal charges due to an excessive pre-trial delay violating the constitutional right to… | |
| 25-5978 | Edgard Velasquez v. United States District Court for the Central District of California, Los Angeles | Ninth Circuit | 2025-10-28 | Denied | Response WaivedIFP | appellate-review federal-criminal-procedure fifth-amendment grand-jury-transcripts judicial-discretion supervisory-authority | Does the district court's clearly erroneous denial of Petitioner's motion for grand jury transcripts pursuant to Fed. R. Crim. P. 6 and the Fifth Amen… |
| 25-5953 | Christopher Matthew Henderson v. Alabama | Alabama | 2025-10-24 | Pending | IFP | adverse-inference capital-murder criminal-sentencing fifth-amendment prosecutorial-conduct right-to-silence | In the sentencing phase of a capital trial, where the defendant exercises his right to remain silent and to plead not guilty, does the Fifth Amendment… |
| 25-5950 | Adedayo Hakeem Sanusi v. United States | Ninth Circuit | 2025-10-24 | Denied | Response WaivedIFP | due-process fifth-amendment grand-jury-indictment ineffective-assistance plea-colloquy sixth-amendment | Whether defense counsel renders constitutionally ineffective assistance under the Sixth Amendment when, for financial gain, he affirmatively lies to h… |
| 25A459 | Jeffrey Lance Hill, Sr. v. Leandra G. Johnson, et al. | Eleventh Circuit | 2025-10-22 | Application | fifth-amendment judicial-taking just-compensation permitting-authority property-rights takings-clause | Whether a state court's judicial decree constitutes a taking under the Fifth Amendment's Takings Clause when the government leverages its permitting a… | |
| 25-5921 | Frederick L. Brewer v. United States | Seventh Circuit | 2025-10-21 | Denied | Response WaivedIFP | acquittal criminal-sentencing double-jeopardy fifth-amendment judicial-discretion sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 25-487 | Lynette Hathon, et al. v. Michigan | Michigan | 2025-10-20 | Pending | Response RequestedResponse WaivedRelisted (2) | fifth-amendment inverse-condemnation just-compensation property-rights state-liability takings-clause | Whether the Takings Clause of the Fifth Amendment is a self-executing stand-alone claim that permits property owners to sue a State directly for just … |
| 25A445 | Thomas Steven Sanders v. United States | Fifth Circuit | 2025-10-17 | Application | criminal-conviction death-penalty double-jeopardy executive-clemency federal-prosecution fifth-amendment | Whether the Double Jeopardy Clause of the Fifth Amendment precludes a defendant from being convicted of two separate offenses arising from the same cr… | |
| 25-5900 | Latisha Anderson v. United States | Fourth Circuit | 2025-10-16 | Denied | Relisted (3)IFP | criminal-procedure due-process fifth-amendment liberty-interest prosecutorial-misconduct sixth-amendment | Whether the Fourth Circuit's decision deprives the petitioner of due process and effective assistance of counsel under the Fifth and Sixth Amendments |
| 25-5841 | Melvin Ray v. United States | Fifth Circuit | 2025-10-09 | Denied | Response WaivedIFP | categorical-approach crime-of-violence due-process federal-jurisdiction fifth-amendment substantial-effects-test | Whether the Fifth Circuit's interpretation of aiding and abetting bank robbery as a 'crime of violence' under 924(c)(3)(A) sidesteps the categorical a… |
| 25-420 | Joseph Daryll Rued, et al. v. Jaykumar Jayswal, et al. | Eighth Circuit | 2025-10-08 | Rehearing | Response WaivedRelisted (3) | case-law constitutional-interpretation federal-rights fifth-amendment habeas-corpus judicial-doctrine | Do Fifth Amendment requirements apply to actions determining facts or applying judicial doctrines and caselaw affecting protected rights? |
| 25-5823 | Steven Nicholas Fulton v. United States | Fourth Circuit | 2025-10-07 | Denied | Response WaivedIFP | appellate-review constitutional-rights criminal-procedure fifth-amendment jury-verdict sixth-amendment | Whether an appellate court may, consistent with the Fifth and Sixth Amendments, reinstate a jury's guilty verdict where the judge did not find, and th… |
| 25-5821 | Gregory Lee Rodvelt v. United States | Ninth Circuit | 2025-10-07 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure fifth-amendment official-duties sixth-amendment statutory-authority | Whether a federal employee is 'engaged in the performance of official duties' under 18 U.S.C. § 111 when lacking statutory authority, and whether inad… |
| 25-5817 | Kyle Krill v. Ohio | Ohio | 2025-10-07 | Denied | IFP | armed-career-criminal-act constitutional-rights fifth-amendment jury-determination sentencing-enhancement sixth-amendment | When a factual finding that multiple counts arose out of 'separate acts or transactions' is necessary to authorize an increase in punishment, must thi… |
| 25-5815 | Wilclin Saintil v. Florida | Florida | 2025-10-07 | Denied | IFP | constitutional-rights criminal-procedure due-process fifth-amendment sixth-amendment witness-testimony | Whether the state court violated the Fifth, Sixth, and Fourteenth Amendments in denying the accused his due process right to present a witness in supp… |
| 25-5792 | Timothy Nesdahl v. C. Garrett, Warden | Eighth Circuit | 2025-10-02 | Denied | Response WaivedIFP | appellate-review constitutional-law due-process fifth-amendment legal-error liberty-interest | Whether the due process clause of the fifth amendment requires an appellate court to address a purely legal error concerning a liberty interest raised… |
| 25-5786 | Vamsidhar Vurimindi v. Pennsylvania | Pennsylvania | 2025-10-02 | Dismissed | Response WaivedIFP | coram-nobis criminal-intent double-jeopardy due-process fifth-amendment judicial-review | Whether a state violates the Due Process Clause by abolishing the writ of error coram nobis and permanently barring judicial review of a void ab initi… |
| 25-5778 | Ashlie R. Anderson v. Automobile Club of Southern California ("AAA") LLC, et al. | California | 2025-10-02 | Denied | Response WaivedIFP | anti-slapp-statute due-process fifth-amendment fourteenth-amendment property-rights vehicle-salvage | Whether California courts may engage in procedural due process violations under the Anti-SLAPP statute and improperly designate a vehicle as total los… |
| 25A357 | Boehringer Ingelheim Pharmaceuticals, Inc. v. Department of Health and Human Services, et al. | Second Circuit | 2025-09-29 | Presumed Complete | compelled-speech fifth-amendment first-amendment medicare-drug-negotiation price-setting takings-clause | Whether the Medicare Drug Price Negotiation Program's compulsory participation and price-setting mechanism constitutes an unconstitutional taking or c… | |
| 25A360 | Henry B. Berrocal v. San Antonio Police Department-Headquarters, et al. | Fifth Circuit | 2025-09-29 | Application | civil-rights eighth-amendment fifth-amendment first-amendment fourteenth-amendment fourth-amendment | Whether the First, Fourth, Fifth, Eighth, and Fourteenth Amendments permit state actors to engage in repeated retaliatory arrests, physical abuse, and… | |
| 25A341 | Maxwell A. Matthew v. United States | Armed Forces | 2025-09-24 | Presumed Complete | appellate-review courts-martial double-jeopardy fifth-amendment military-justice trial-record | Whether the Double Jeopardy Clause of the Fifth Amendment prohibits a military court from retrying a service member for the same offenses after a defe… | |
| 25-5693 | Yasmani Gurri Rubio v. City of Alexandria, Virginia, et al. | Fourth Circuit | 2025-09-19 | Denied | Response WaivedIFP | due-process fifth-amendment judicial-procedure rule-12b3 statutory-interpretation venue-dismissal | Whether the Due Process Clause of the Fifth Amendment is violated when a federal district court dismisses an action with prejudice for improper venue … |
| 25A315 | Kiya Cunningham v. Wells Fargo Bank, N.A., et al. | Fourth Circuit | 2025-09-18 | Presumed Complete | civil-procedure due-process fifth-amendment motion-to-strike pro-se-litigant summary-judgment | Whether a federal district court violates a party's due process rights by striking a summary judgment opposition without providing an opportunity to r… | |
| 25A312 | Donald J. Trump, President of the United States, et al. v. Lisa D. Cook, Member of the Board of Governors of the Federal Reserve System | District of Columbia | 2025-09-18 | Application | Amici (25) | administrative-law due-process federal-reserve fifth-amendment for-cause presidential-removal | Whether the President's power to remove a Federal Reserve Board member 'for cause' encompasses discretionary judgment about an appointee's prior finan… |
| 25-5654 | Thomas Bradley v. United States | Sixth Circuit | 2025-09-16 | Denied | Response WaivedIFP | armed-career-criminal-act double-jeopardy fifth-amendment sentencing-enhancement shepard-documents sixth-amendment | Whether the Double Jeopardy Clause prohibits imposing an enhanced ACCA sentence when a defendant pleaded guilty only to the simple § 922(g) offense an… |
| 25-5618 | Jamil Jones v. United States | Ninth Circuit | 2025-09-11 | Denied | Response WaivedIFP | criminal-procedure fifth-amendment mitchell-precedent right-to-silence self-incrimination sentencing | Whether the failure to apologize or express remorse violates the Fifth Amendment right to remain silent at sentencing, a question left open by Mitchel… |
| 25-288 | Vinaykumar Patel v. United States | Third Circuit | 2025-09-11 | Denied | Response Waived | confrontation-clause federal-rules-of-evidence fifth-amendment hearsay-evidence law-enforcement-testimony sixth-amendment | Whether the introduction of speculative lay opinion by a law enforcement officer violates the petitioner's Fifth and Sixth Amendment rights and eviden… |
| 25-281 | Patrick Byrne v. US Dominion, Inc., et al. | District of Columbia | 2025-09-10 | Denied | Response Waived | constitutional-rights counsel-of-choice defamation due-process fifth-amendment protective-order | Whether a District Court erred in disqualifying counsel of choice in a civil defamation case for violating a protective order by reporting potential c… |
| 25-266 | City of Fresno, California, et al. v. United States, et al. | Federal Circuit | 2025-09-09 | Denied | Amici (1)Response Waived | drought-impact fifth-amendment property-rights reclamation-act takings-clause water-rights | Whether the beneficial users of Reclamation Project irrigation water have compensable water-property rights under the Fifth Amendment and whether Recl… |
| 25-5579 | Kevin Marvell Jackson v. United States | Tenth Circuit | 2025-09-08 | Denied | Response WaivedIFP | criminal-trial due-process fifth-amendment judicial-coercion jury-instructions sixth-amendment | Whether the district court violated petitioner's Fifth and Sixth Amendment rights by issuing repeated instructions that foreclosed the possibility of … |
| 25-5541 | Camerron L. Bradberry v. Department of the Air Force | Federal Circuit | 2025-09-04 | Denied | Response WaivedRelisted (2)IFP | agency-action due-process employment-termination fifth-amendment procedural-rights whistleblower-reprisal | Whether a federal agency denies a tenured career employee their Fifth Amendment due process rights when it terminates them using summary procedures fo… |
| 25A253 | Patrick Miller Webb, Jr. v. United States | Eighth Circuit | 2025-09-02 | Presumed Complete | controlled-substance criminal-conviction federal-sentencing fifth-amendment pro-se sixth-amendment | Whether the Fifth and Sixth Amendments permit a criminal conviction and sentence when the petitioner claims inadequate legal representation and limite… | |
| 25-5499 | Timothy Alexander v. New York | New York | 2025-08-28 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-rights exclusionary-rule fifth-amendment inevitable-discovery interrogation police-misconduct | Whether the exclusionary rule applies when police violate a suspect's Constitutional Rights multiple times during a continuous interrogation, and whet… |
| 25-5501 | Brian Troy Woltz v. Susan Good, et al. | Third Circuit | 2025-08-28 | Denied | IFP | due-process equity-jurisdiction fifth-amendment first-amendment judicial-misconduct trust-administration | Whether the lower courts committed reversible error in refusing to recognize equity claims and denying access to judicial remedy |
| 25A228 | United States v. Darby Development Company, Inc., et al. | Federal Circuit | 2025-08-28 | Presumed Complete | administrative-agency fifth-amendment government-action regulatory-taking statutory-authority takings-clause | Whether an administrative agency's unauthorized regulatory action that exceeds its statutory authority can constitute a compensable taking under the F… | |
| 25-222 | Victor Everette Silvers v. United States | Sixth Circuit | 2025-08-25 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | criminal-procedure fifth-amendment judicial-notice maritime-jurisdiction sixth-amendment trial-by-jury | Whether taking judicial notice to conclusively determine that a location is within the 'special maritime and territorial jurisdiction of the United St… |
| 25-5463 | Trent Nelson v. URSA Major Corporation | Seventh Circuit | 2025-08-25 | Denied | IFP | constitutional-rights due-process-clause federal-court-procedure fifth-amendment fourteenth-amendment pro-se-litigation | Do Pro Se litigants have constitutional protections in federal court under the Due Process Clause? |
| 25-5442 | Jaron Burnett v. United States | Third Circuit | 2025-08-22 | Pending | Response RequestedResponse WaivedRelisted (5)IFP | fifth-amendment imprisonment jury-right revocation-proceeding sixth-amendment supervised-release | Whether the Fifth and Sixth Amendment jury right applies to supervised release revocation proceedings that impose a term of imprisonment beyond the ma… |
| 25A203 | Derrick Lorenzo Casey v. United States | Fourth Circuit | 2025-08-20 | Presumed Complete | armed-career-criminal drug-offense fifth-amendment plain-error-review sentencing-enhancement sixth-amendment | Whether a district court's determination of an armed career criminal status based on prior drug convictions arising from a single arrest and plea on t… | |
| 25-5399 | Neda Mehrabani v. United States | Ninth Circuit | 2025-08-19 | Denied | Response WaivedIFP | constitutional-rights discovery-violation fifth-amendment ineffective-assistance medicare-billing sentencing | Whether a Certificate of Appealability (COA) should have been issued due to ineffective assistance of counsel and denial of constitutional rights rela… |
| 25-5405 | Lamont Coleman v. United States | Seventh Circuit | 2025-08-19 | Denied | Amici (1)Response WaivedIFP | criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 25A193 | Richard E. Warner, as Co-Personal Representatives of the Estate of Joseph Ardolino, II, et al. v. City of Marathon, Florida, et al. | Eleventh Circuit | 2025-08-18 | Presumed Complete | fifth-amendment property-rights ripeness-doctrine supreme-court-precedent takings-clause williamson-county | Whether the Takings Clause of the Fifth Amendment permits a plaintiff to pursue a property rights claim after the Supreme Court's modification of the … | |
| 25-5378 | Samuel Lee Smith, Jr. v. Mark H. Slimak | Florida | 2025-08-15 | Dismissed | Response WaivedIFP | constitutional-violation due-process fifth-amendment fourteenth-amendment procedural-rights stalking-injunction | Did the trial court commit reversible error in dismissing the petition for an injunction to prevent stalking, and did the court violate procedural due… |
| 25-176 | Tristram Heinz v. City of Philadelphia Bureau of Administrative Adjudication | Pennsylvania | 2025-08-13 | Denied | constitutional-rights due-process fifth-amendment fourteenth-amendment sixth-amendment speed-camera | Whether automated speed camera enforcement programs violate constitutional rights by imposing liability on vehicle owners without identifying the actu… | |
| 25-5350 | Monica Curtis v. Justice Court of the North Las Vegas Township, Clark County, Nevada | Nevada | 2025-08-13 | Denied | IFP | civil-rights employment-discrimination fifth-amendment fourteenth-amendment sixth-amendment sovereign-immunity | Whether a state's sovereign immunity defense in a civil rights complaint constitutes a valid Fifth Amendment invocation and Fourteenth Amendment prote… |
| 25-5333 | Mark William Sain v. United States | Sixth Circuit | 2025-08-12 | Denied | Response WaivedIFP | armed-career-criminal-act fifth-amendment harmless-error plea-proceeding sentencing-enhancement sixth-amendment | When harmless-error review of Erlinger error requires consideration by appellate judges of facts neither intrinsic to nor relevant to the finding of g… |
| 25-159 | Leonard W. Hoffmann, et al. v. WBI Energy Transmission, Inc. | Eighth Circuit | 2025-08-11 | Pending | CVSGAmici (2)Relisted (3) | circuit-split fifth-amendment just-compensation land-condemnation natural-gas-act state-law | In private condemnations under the Natural Gas Act, should just compensation be determined by reference to state law? |
| 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… |
| 25-5276 | David Leroy Earls v. United States | Tenth Circuit | 2025-08-05 | Denied | Response WaivedIFP | criminal-law due-process fifth-amendment rule-of-lenity sexual-abuse-statute statutory-interpretation | Whether the failure of the Tenth Circuit to apply the rule of lenity to 18 U.S.C. § 2242(2)(A) resulted in an interpretation of ambiguous language in … |
| 25A139 | Faytima Howard v. Macomb County, Michigan | Sixth Circuit | 2025-08-04 | Presumed Complete | fifth-amendment just-compensation property-rights surplus-proceeds takings-clause tax-foreclosure | Whether the government violates the Takings Clause of the Fifth Amendment when it retains surplus proceeds from a tax foreclosure sale beyond the amou… | |
| 25A133 | Lynette Hathon, et al. v. Michigan | Michigan | 2025-08-01 | Presumed Complete | fifth-amendment just-compensation property-rights sovereign-immunity state-remedies takings-clause | Whether property owners have a direct cause of action under the Takings Clause of the Fifth Amendment when state remedies are inadequate or unavailabl… | |
| 25-5249 | Barry Gordon Croft, Jr. v. United States | Sixth Circuit | 2025-07-31 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-right entrapment-defense evidence-rules fifth-amendment harmless-error sixth-amendment | Did the district court deny Petitioner's constitutional right to present a defense by arbitrarily removing Evidence Rule 801(d)(2)(D) from the availab… |
| 25-105 | Brian Beland and Denae Beland v. United States | Ninth Circuit | 2025-07-29 | Denied | Amici (1)Response WaivedRelisted (2) | constitutional-rights criminal-investigation fifth-amendment fourth-amendment irs-procedure tax-audit | Is a taxpayer's Fourth and/or Fifth Amendment Constitutional Rights violated when the IRS civil revenue agent conducts a criminal investigation under … |
| 25-5230 | Victor Samuel Brito v. United States | Ninth Circuit | 2025-07-29 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment jury-instruction necessity-defense sixth-amendment | Whether the Fifth and Sixth Amendments guarantee a criminal defendant the right to have a jury consider and give effect to a necessity defense when th… |
| 25-5232 | Doina Rosu Almazon v. Town of Oyster Bay, New York | Second Circuit | 2025-07-29 | Denied | Response WaivedIFP | constitutional-rights due-process fifth-amendment fourteenth-amendment municipal-action property-rights | Did the Town of Oyster Bay's action in demolishing the plaintiff's nearly completed, rebuilt home violate the due process guarantee under the United S… |
| 25A114 | Scott Breimeister v. United States | Fifth Circuit | 2025-07-28 | Presumed Complete | double-jeopardy fifth-amendment governmental-misconduct mistrial prosecutorial-misconduct trial-procedure | Whether the Double Jeopardy Clause bars a criminal retrial when a mistrial was sua sponte declared due to government misconduct over the defendant's o… | |
| 25-95 | Michael Pung, Personal Representative of the Estate of Timothy Scott Pung v. Isabella County, Michigan | Sixth Circuit | 2025-07-24 | Granted | Amici (26) | excessive-fine fair-market-value fifth-amendment government-seizure property-rights takings-clause | Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Takings Clause of the… |
| 25-5176 | Mario Gabriel Rodgers v. United States | Fifth Circuit | 2025-07-23 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-interpretation | Does 18 U.S.C. § 3583(g) comport with the Fifth and Sixth Amendments? |
| 25-5127 | John W. Biddle v. Administrator, New Jersey State Prison, et al. | Third Circuit | 2025-07-16 | Denied | Response WaivedIFP | due-process fifth-amendment fourth-amendment identification-procedures prosecutorial-misconduct sixth-amendment | Whether multiple constitutional violations, including due process, prosecutorial misconduct, and ineffective assistance of counsel, warrant Supreme Co… |
| 25-59 | Joseph Very Sherman, Individually, and as Biological Father, Next Friend, and Natural Guardian of H. M. S., J. C. S., and M. R. S., Minor Children, et al. v. Louis R. Lerner, former Judge, Circuit Court of Virginia, City of Norfolk | Virginia | 2025-07-16 | Denied | child-custody due-process fifth-amendment fourteenth-amendment liberty-interests parental-rights | Do the Fifth and Fourteenth Amendments require pre-deprivation due process before a court enters a child custody order that infringes fundamental libe… | |
| 25-41 | Jan Peters v. Malia M. Cohen, In Her Official Capacity as Chief Fiscal Officer, State Controller of California, and as Trustee of the Unclaimed Property Fund | Ninth Circuit | 2025-07-11 | Denied | Amici (3)Response WaivedRelisted (2) | constitutional-law due-process fifth-amendment fourteenth-amendment takings-clause unclaimed-property | Whether the Controller's actions under the California Unclaimed Property Law violate the Due Process and Takings Clauses of the Fourteenth and Fifth A… |
| 25-5068 | Dwayne Anderson v. Ohio | Ohio | 2025-07-09 | Denied | IFP | bill-of-particulars constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment | Was Dwayne Anderson's right to be informed of the nature and cause of the accusation against him violated when the state failed to provide him a bill … |
| 25-17 | D R Burton Healthcare LLC v. Trudell Medical International Inc. | Federal Circuit | 2025-07-07 | Denied | Response Waived | case-management civil-procedure due-process fifth-amendment patent-litigation trial-timeline | Whether a district court's order changing the time to trial from 326 to 146 days, and discovery time from 231 to 108 days, constitutes a fair legal pr… |
| 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… |
| 25-5031 | Michael Odom v. United States | Eighth Circuit | 2025-07-03 | Denied | Response WaivedIFP | appeal-waiver circuit-consensus due-process fifth-amendment plea-agreement sentencing-proceedings | Whether the near consensus determination by the various Circuits to accept appeal waivers in plea agreements that extend to subsequent sentencing proc… |
| 24-7486 | Bruce Stroud v. United States | Fifth Circuit | 2025-06-24 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-sentencing fact-finding fifth-amendment jury-trial restitution-order sixth-amendment | Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the jury… |
| 24-7456 | Daniel Jones v. Danielle Tope | Second Circuit | 2025-06-18 | Denied | Response WaivedIFP | constitutional-violation due-process fifth-amendment habeas-corpus judicial-review magistrate-act | Whether the lower courts erred in adjudicating habeas corpus petitions without clearly established law and in departing from standard judicial review … |
| 24-7462 | Henry Weaver v. United States | Fifth Circuit | 2025-06-18 | Denied | Response WaivedIFP | allen-charge due-process evidence-rule fifth-amendment grand-jury lay-opinion | Should the Fifth Amendment apply to grand jury proceedings, and do Allen charges unconstitutionally influence minority jurors, and do law enforcement … |
| 24-7439 | In Re Terron Dizzley | 2025-06-17 | Denied | Relisted (2)IFP | burden-of-proof criminal-trial double-jeopardy fifth-amendment judicial-discretion trial-court-jurisdiction | Did the trial court exceed its jurisdiction in violation of the Fifth Amendment's Double Jeopardy Clause by trying Mr. Dizzley a second time for the c… | |
| 24-1279 | Frank J. Anderson, Jr. v. New Jersey | New Jersey | 2025-06-16 | Denied | Relisted (2) | criminal-procedure double-jeopardy due-process fifth-amendment sentencing-modification sixth-amendment | Does the New Jersey judicial process of preparing a judgment of conviction in the petitioner's absence, departing from the orally pronounced sentence,… |
| 24-1283 | Jack R. T. Jordan v. United States Court of Appeals for the Fifth Circuit | Fifth Circuit | 2025-06-16 | Denied | Response Waived | attorney-conduct disbarment due-process fifth-amendment first-amendment judicial-misconduct | Whether the U.S. Constitution delegated power to federal courts to disbar an attorney for statements in court filings challenging judicial misconduct |
| 24-1257 | Martin Akerman v. District of Columbia, et al. | District of Columbia | 2025-06-09 | Denied | Response Waived | administrative-law automated-enforcement confrontation-rights due-process fifth-amendment procedural-irregularities | Whether the use of automated systems like 'Speed Camera Doe' for issuing citations without human oversight violates procedural due process protections… |
| 24-7373 | Natnael Zemene v. Massachusetts | Massachusetts | 2025-06-06 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure double-jeopardy due-process fifth-amendment second-amendment | Whether the Fifth Amendment's double jeopardy clause protects an individual from subsequent prosecution when insufficient evidence was produced to reb… |
| 24-7360 | Daniel David Strader v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2025-06-05 | Denied | IFP | due-process fifth-amendment fourteenth-amendment habeas-corpus newly-discovered-evidence sentencing | Whether a court violates the Fifth and Fourteenth Amendments by using a petitioner's silence at sentencing as the sole definitive factor to deny relie… |
| 24-7350 | Rusty James Driscoll v. United States | Eighth Circuit | 2025-06-03 | Denied | Response WaivedIFP | constitutional-rights discovery-material fifth-amendment inmate-rights local-rules sixth-amendment | Whether District Court of South Dakota's Local Rules 16.1 and 57.10 violate an inmate's constitutional rights under the 5th and 6th Amendments to rece… |
| 24-1210 | Brent Andrew Brackett Arbogast v. Pfizer Inc., as Successor to Wyeth Pharmaceuticals, et al. | First Circuit | 2025-05-29 | Denied | Response Waived | appellate-review civil-procedure due-process fair-labor-standards-act fifth-amendment rule-41-dismissal | Does the Fifth Amendment require appellate courts to rule on a petitioner's briefed arguments and alleged facts rather than unraised theories and fact… |
| 24-7315 | Kenyon Lamonte Watson v. United States | Ninth Circuit | 2025-05-29 | Denied | Response WaivedIFP | bail-reform-act criminal-procedure fifth-amendment grand-jury pretrial-detention res-judicata | Whether the government can seek pretrial detention in a second related prosecution after a magistrate judge has previously denied detention and ordere… |
| 24-7320 | Luis Raul Vicente Fonseca v. United States | Eleventh Circuit | 2025-05-29 | Denied | Response WaivedIFP | covid-19-tolling fifth-amendment fourth-amendment judicial-emergency sixth-amendment speedy-trial | Whether a district court can toll the speedy trial period during the COVID-19 pandemic without invoking specific judicial emergency provisions |
| 24-7285 | Kirk Powell v. Louisiana | Louisiana | 2025-05-23 | Denied | Response WaivedIFP | co-defendant-statements confrontation-clause due-process fifth-amendment misjoinder sixth-amendment | Whether the misjoinder of defendants and admission of co-defendant's out-of-court statements in a joint trial violated the Petitioner's Fifth and Sixt… |
| 24-7278 | Malik J. Moss v. United States | Third Circuit | 2025-05-22 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights due-process fact-finding fifth-amendment sentencing | Was Petitioner's Fifth Amendment due process right violated when the Sentencing Court relieved the Government of its constitutionally mandated burden … |
| 24-7246 | Tamika Seay v. Lisa James, et al. | Eleventh Circuit | 2025-05-20 | Denied | IFP | constitutional-rights due-process fifth-amendment fourteenth-amendment government-procedure procedural-fairness | Whether procedures by the United States Government satisfy Due Process under the Fifth and Fourteenth Amendment before depriving Petitioner of life, l… |
| 24-7247 | Tamika Seay v. Department of Justice, et al. | Eleventh Circuit | 2025-05-20 | Denied | Response WaivedIFP | due-process fifth-amendment fourteenth-amendment plain-error probable-cause substantive-rights | Whether the United States Government violated Petitioner's Substantive Rights under the Due Process Clause of the Fifth and Fourteenth Amendment, and … |
| 24-7248 | Tamika Seay v. Georgia, et al. | Eleventh Circuit | 2025-05-20 | Denied | Response WaivedIFP | constitutional-rights due-process fifth-amendment fourteenth-amendment government-procedure procedural-fairness | Whether procedures by the United States Government satisfy Due Process under the Fifth and Fourteenth Amendment before depriving Petitioner of life, l… |
| 24-7235 | Timmy Orlando Collier v. Michigan | Michigan | 2025-05-16 | Denied | IFP | due-process equal-protection fifth-amendment fourteenth-amendment fourth-amendment jurisdictional-defect | Did the district court commit a jurisdictional defect by not following Michigan's law and standards, and did the court of appeals and magistrate judge… |
| 24A1089 | Brian Beland and Denae Beland v. United States | Ninth Circuit | 2025-05-12 | Presumed Complete | civil-audit criminal-investigation fifth-amendment firm-indication-of-fraud fourth-amendment IRS-examination | Whether the IRS violates a taxpayer's Fourth and Fifth Amendment rights by continuing a civil tax audit after developing a firm indication of fraud wi… | |
| 24-1148 | Dominic Michael Mason v. Catherine S. Bauman, Warden | Sixth Circuit | 2025-05-08 | Denied | Response Waived | constitutional-rights due-process fifth-amendment habeas-corpus self-incrimination sentencing | Whether a criminal defendant's pre-arrest silence can be used against him at sentencing in violation of his Fifth and Fourteenth Amendment rights |
| 24-7146 | Anida Gilowski v. United States | Fifth Circuit | 2025-05-07 | Denied | Response WaivedIFP | criminal-proceedings due-process fair-trial fifth-amendment property-forfeiture sixth-amendment | Whether the petitioner's Fifth and Sixth Amendment rights were violated by forfeiture of real properties purchased with her own litigation income |
| 24-1121 | Robert S. Carlborg v. United States | Federal Circuit | 2025-04-30 | Denied | Response Waived | due-process fifth-amendment judicial-procedure military-retirement property-interest stare-decisis | Whether petitioner was deprived of a property interest in military retirement under the Due Process Clause when the court of appeals did not follow st… |
| 24-1122 | Robin Root v. Jeremy Howard, Warden | Sixth Circuit | 2025-04-30 | Denied | Response RequestedResponse WaivedRelisted (2) | circuit-split fifth-amendment fourth-amendment habeas-corpus miranda-warning supreme-court-precedent | Whether the Michigan Court of Appeals misapplied Federal precedent in admitting post-Miranda statements under Elstad despite Seibert, and whether the … |
| 24-7076 | Delowar Mohammed Hossain v. United States | Second Circuit | 2025-04-25 | Denied | Response WaivedIFP | classified-information criminal-defendant-rights due-process effective-assistance-of-counsel fifth-amendment sixth-amendment | Whether a Fifth Amendment Due Process or Sixth Amendment effective assistance of counsel claim arises when security-cleared defense counsel are not gi… |
| 24-7077 | Todd Stephens v. United States | Eleventh Circuit | 2025-04-25 | Denied | Response WaivedIFP | due-process eighth-amendment excessive-fines fifth-amendment pro-se-litigant restitution | Does imposing a restitution order of $130,220,803.65 derived from speculative calculations and disproportionately exceeding the petitioner's limited n… |
| 24-1100 | Ashu Joshi v. United States | Eighth Circuit | 2025-04-23 | Denied | Response Waived | constitutional-challenge effective-assistance-of-counsel fifth-amendment marital-relationship sexual-exploitation tenth-amendment | Whether the federal prosecution for sexual exploitation of a minor is unconstitutional as applied to a legally married couple under state law |
| 24-7058 | Todd Cannady v. United States | Ninth Circuit | 2025-04-23 | Denied | Response WaivedIFP | certificate-of-appealability due-process fifth-amendment habeas-corpus sentencing-guidelines sixth-amendment | Whether the Ninth Circuit violated the Petitioner's Fifth Amendment Due Process rights by denying a Certificate of Appealability without conducting th… |
| 24-7060 | Mauricio Gonzalez v. United States | Eleventh Circuit | 2025-04-23 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment herring-standard judgment-of-acquittal rule-29-motion | Whether a district court's denial of a renewed Rule 29 motion for judgment of acquittal can be equated with a verdict of guilt beyond a reasonable dou… |
| 24-7052 | Michael Lynn Ashford v. United States | Eighth Circuit | 2025-04-22 | Denied | Response WaivedIFP | acquitted-conduct constitutional-rights due-process fifth-amendment sentencing-guidelines sixth-amendment | Whether the District Court can utilize acquitted conduct in determining advisory Guidelines sentencing without violating constitutional due process an… |
| 24-7024 | Jesse Scott Fulcher v. Arizona | Arizona | 2025-04-17 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process exculpatory-evidence fifth-amendment fourteenth-amendment | Whether a state court's failure to disclose material exculpatory evidence violates a criminal defendant's fundamental right to due process as guarante… |
| 24-7002 | In Re Clifford L. Noll | 2025-04-16 | Rehearing | Response WaivedRelisted (2)IFP | debt-collection due-process federal-jurisdiction fifth-amendment fourth-amendment property-seizure | Whether the unwarranted seizure of real properties and personal savings by the United States violated the petitioner's Fourth and Fifth Amendment righ… | |
| 24-6992 | Mehdi Nikparvar-Fard v. United States | Third Circuit | 2025-04-15 | Denied | Response WaivedIFP | due-process evidence-admissibility fifth-amendment guilty-plea legal-counsel motion-to-withdraw | Whether the district judge's decision to deny the defendant's motion to withdraw his guilty plea violated the defendant's Fifth Amendment right to due… |
| 24-6993 | Deon D. Colvin v. Superior Court of the District of Columbia | District of Columbia | 2025-04-15 | Denied | IFP | disqualification due-process fifth-amendment judicial-bias mandamus racial-bias | Did the D.C. Court of Appeals deny Applicant's Fifth Amendment right to Due Process by not including 743 Fairmont Street NW LLC as a party in the proc… |
| 24-6940 | Tam Q. Le v. Tim Hooper, Warden | Fifth Circuit | 2025-04-08 | Denied | Response WaivedIFP | allen-charge constitutional-rights fifth-amendment fourteenth-amendment non-unanimous-jury sixth-amendment | Whether the trial court committed reversible error by providing an Allen charge to a deadlocked jury and whether Mr. Le was convicted by a non-unanimo… |
| 24-6879 | Zachary Michael Linan v. United States | Fifth Circuit | 2025-03-27 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure fifth-amendment judicial-fact-finding sentencing-guidelines sixth-amendment | Did the Fifth Circuit err in affirming the district court's application of sentencing guidelines in a manner that expands judicial fact-finding beyond… |
| 24-6865 | Brian Alfaro v. United States | Fifth Circuit | 2025-03-26 | Denied | Response WaivedIFP | contract-violation criminal-offense due-process fair-trial fifth-amendment juror-information | Does the timing of earned profits constitute a criminal offense without financial harm, and did the district court's denial of juror information reque… |
| 24-6841 | Micah Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2025-03-25 | Dismissed | IFP | capital-punishment defendant-rights fifth-amendment jury-instructions penalty-phase prosecutorial-misconduct | Whether a prosecutor violates a capital defendant's Fifth Amendment right by repeatedly telling the jury that the defendant deserved no mercy for not … |
| 24-6836 | Christian Genao v. United States | Second Circuit | 2025-03-24 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split criminal-procedure due-process fifth-amendment sentencing supervised-release | Must sentencing courts orally pronounce nonmandatory conditions of supervised release to protect defendants' right to be present and to put them on no… |
| 24-1010 | Raphael Weitzman v. Committee on Grievances for the United States District Court for the Southern District of New York | Second Circuit | 2025-03-21 | Denied | Response Waived | attorney-rights due-process equal-protection fifth-amendment fourteenth-amendment professional-conduct | Whether the lower Court violated attorney's rights as to Due Process under the Fifth and Fourteenth Amendments and Equal Protection under the Fourteen… |
| 24-1000 | In Re Michael Prete | 2025-03-20 | Denied | Relisted (2) | due-process eighth-amendment fifth-amendment first-amendment fourth-amendment sixth-amendment | Did the R.I. Judiciary violate multiple constitutional rights through retaliatory actions, improper evidence handling, and procedural misconduct? | |
| 24-6816 | Joshua Gary Anderson v. Fernando Garza, Warden | Sixth Circuit | 2025-03-20 | Denied | Response WaivedIFP | conditions-of-confinement constitutional-suspension due-process fifth-amendment habeas-corpus writ-of-habeas | Whether a Federal court's refusal to permit a prisoner from challenging their conditions of confinement via a writ of habeas violates the Fifth Amendm… |
| 24-6752 | Adonis Batista v. United States | Tenth Circuit | 2025-03-12 | Denied | Response WaivedIFP | due-process fifth-amendment jury-trial methamphetamine-quantity sentencing-guidelines sixth-amendment | Were Petitioner's Fifth Amendment due process rights and Sixth Amendment rights to jury trial violated when the jury found him accountable for less th… |
| 24-973 | Justin Savage v. Henry County School District | Eleventh Circuit | 2025-03-12 | Denied | civil-rights due-process eleventh-circuit fifth-amendment fourteenth-amendment petition-for-rehearing | Whether the Eleventh Circuit Court of Appeals' dismissal of the petition for rehearing without providing reasoning violates the petitioner's due proce… | |
| 24-6720 | Leroy Harold White, Jr. v. United States | Fifth Circuit | 2025-03-07 | Denied | Response WaivedIFP | burden-of-proof criminal-defendants deportation extraneous-offenses fifth-amendment sixth-amendment | Do the Fifth and Sixth Amendments afford criminal defendants the same burden of proof for extraneous offenses as convicted aliens receive at deportati… |
| 24A836 | Cedric Allen Ricks v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2025-02-28 | Presumed Complete | capital-case certificate-of-appealability federal-habeas-corpus fifth-amendment fourteenth-amendment sixth-amendment | Whether the Fifth Circuit properly denied a Certificate of Appealability in a capital habeas corpus proceeding involving alleged Fifth, Sixth, and Fou… | |
| 24-6663 | Darrell Turner v. United States | Seventh Circuit | 2025-02-27 | Denied | Response WaivedIFP | constitutional-right fifth-amendment habeas-corpus sentencing-review statutory-interpretation vacatur | Does a defendant meet the 'substantial denial of a constitutional right' standard under 28 USCS § 2253(c) when challenging a sentence based on a vacat… |
| 24-6621 | Curtis Brown v. United States | Eleventh Circuit | 2025-02-24 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-law criminal-procedure fifth-amendment judicial-discretion sentencing-conditions supervised-release | Whether a district court must orally pronounce all discretionary standard conditions of supervised release and make an individualized assessment under… |
| 24-6618 | Dilesh Sharma v. United States | Ninth Circuit | 2025-02-21 | Denied | Response WaivedIFP | computer-offense due-process fifth-amendment image-enhancement sentencing-guidelines technological-changes | Has 30 years of technological changes caused the offense enhancements for use of a computer under Sections 2G1.3(b)(3) and 2G2.2(b)(6) of the United S… |
| 24-879 | James Timothy Norman v. United States | Eighth Circuit | 2025-02-18 | Denied | Amici (1)Response Waived | circuit-split evidentiary-standard federal-rule-evidence fifth-amendment state-of-mind-exception witness-testimony | Whether the Eighth Circuit's interpretation of Federal Rule of Evidence 803(3) conflicts with other circuits' understanding and should be corrected by… |
| 24-6539 | Fernando Lopez-Armenta v. United States | Ninth Circuit | 2025-02-11 | Denied | Response WaivedIFP | constitutional-rights criminal-defense fifth-amendment lesser-included-offense sixth-amendment trial-instruction | Where the sole defense raised to a criminal charge is guilt of a lesser included offense, does the right to a present a defense rooted in the Fifth an… |
| 24A779 | William Valentin v. United States | Third Circuit | 2025-02-11 | Presumed Complete | constitutional-rights criminal-procedure due-process fifth-amendment first-amendment judicial-process | Whether the First and Fifth Amendments protect criminal defendants from alleged constitutional violations in federal judicial proceedings that may inf… | |
| 24-6514 | Phillip Jason Garrett v. Kansas | Kansas | 2025-02-10 | Denied | Response WaivedIFP | confession-voluntariness fifth-amendment fourteenth-amendment interrogation-deception law-enforcement-tactics miranda-warnings | Whether law enforcement quasi-legal representations about a truth verification machine's accuracy, combined with deceptive interrogation tactics and m… |
| 24-6493 | Washington Windsor v. United States District Court for the District of Columbia | District of Columbia | 2025-02-06 | Denied | IFP | access-to-courts due-process fifth-amendment judicial-delay mootness-doctrine pro-se-litigant | Whether a lower court's unexplained and unjustified delay in docketing a pro se litigant's motion violates the Fifth Amendment's Due Process Clause an… |
| 24-831 | Eddie Lee Evans v. James Hill, Warden | Ninth Circuit | 2025-02-05 | Denied | Response Waived | certificate-of-appealability due-process fifth-amendment fourteenth-amendment murder-charge supreme-court-precedent | Whether a 17-year unjustified delay in filing a murder charge violated petitioner's due process rights under the Fifth and Fourteenth Amendments |
| 24-6446 | Larayna Manning v. Kentucky | Kentucky | 2025-02-03 | Denied | IFP | chain-of-custody constitutional-rights due-process fifth-amendment sixth-amendment speedy-trial | Whether the delay in trial and chain of custody of evidence violated the defendant's constitutional rights to a speedy trial and due process |
| 24A746 | Kingston Kohr, LLC v. City of Irvine, California | California | 2025-01-30 | Presumed Complete | constitutional-scrutiny demolition eminent-domain fifth-amendment property-rights regulatory-taking | Whether a city's mandatory demolition of a fire-damaged building constitutes a regulatory taking under the Fifth Amendment's Takings Clause when a pro… | |
| 24-6390 | William Logsdon v. United States | Fifth Circuit | 2025-01-24 | Denied | Response WaivedIFP | compulsory-process criminal-defendant fifth-amendment self-incrimination sixth-amendment witness-testimony | Whether a district court must conduct a particularized inquiry into a witness's Fifth Amendment privilege before accepting a blanket assertion of self… |
| 24-775 | Southern California Edison Company, et al. v. Orange County Transportation Authority | Ninth Circuit | 2025-01-22 | Denied | Amici (1)Response Waived | fifth-amendment government-taking just-compensation public-transit takings-clause utility-relocation | Whether the Fifth Amendment's Takings Clause guarantees just compensation when the government forces a privately owned utility to relocate its facilit… |
| 24-6331 | Gerardo Gamez-Reyes v. United States | Tenth Circuit | 2025-01-17 | Denied | Response WaivedIFP | arlington-heights constitutional-law equal-protection fifth-amendment legislative-intent racial-animus | When a law is originally motivated by racial animus, must a court consider its racist origins when deciding whether it violates the equal protection c… |
| 24-6338 | Hakeem-Ali Shomo v. Ohio, et al. | Ohio | 2025-01-17 | Denied | Response WaivedIFP | constitutional-protection double-jeopardy fifth-amendment judicial-misconduct mistrial prosecutorial-intent | QP: Does the Double Jeopardy Clause bar retrial when judicial misconduct leads to a defense-requested mistrial, even without specific intent to provok… |
| 24-6318 | Marcus Crowder v. Georgia | Georgia | 2025-01-16 | Denied | Relisted (2)IFP | acquittal constitutional-law criminal-prosecution double-jeopardy fifth-amendment malice-murder | Whether the state of Georgia violates the Fifth Amendment's Double Jeopardy Clause when indicting in multiplicity offenses arising from a single act o… |
| 24-754 | Mount Clemens Recreational Bowl, Inc., et al. v. Elizabeth Hertel, Director, Michigan Department of Health and Human Services, et al. | Michigan | 2025-01-16 | Denied | Response WaivedRelisted (2) | economic-impact fifth-amendment investment-backed-expectations penn-central-test property-rights regulatory-takings | Whether Penn Central Transp. Co. v. City of New York should be clarified or overruled to provide clarity in regulatory takings cases |
| 24-755 | Mollie Slaybaugh, et vir v. Rutherford County, Tennessee, et al. | Sixth Circuit | 2025-01-16 | Denied | Amici (1) | fifth-amendment government-action just-compensation police-power property-rights takings-clause | Does a common law privilege to access property categorically absolve the government's duty of just compensation for property it physically destroys? |
| 24-757 | The Gym 24/7 Fitness, LLC v. Michigan | Michigan | 2025-01-16 | Denied | Amici (3)Response RequestedResponse WaivedRelisted (2) | fifth-amendment government-control penn-central-test property-rights regulatory-takings time-element | Whether Penn Central Transportation Co. v. City of New York should be clarified or overruled to provide clarity on regulatory takings and the element … |
| 24-6272 | In Re Benjamin Shipley | 2025-01-13 | Denied | IFP | actual-innocence collateral-review fifth-amendment habeas-corpus retroactivity sixth-amendment | Whether the Court's holding in Erlinger V. United States retroactively opens the affirmative defense requirement under 18 U.S.C. § 3559(c)(3)(A) to a … | |
| 24-731 | Michigan v. Mark David Woolley | Michigan | 2025-01-13 | Denied | criminal-procedure fifth-amendment miranda-warnings polygraph-procedure self-incrimination voluntariness | Whether Miranda warnings should be modified to create a rebuttable presumption of involuntariness rather than an irrebuttable rule of law, and whether… | |
| 24-736 | Village Communities, LLC, et al. v. San Diego County, California, et al. | Ninth Circuit | 2025-01-13 | Denied | Response Waived | fifth-amendment inverse-condemnation land-use-permit property-rights takings-claim unconstitutional-conditions | Whether the Ninth Circuit's holding improperly requires a land use permit applicant to show government permit conditions would coerce surrender of pro… |
| 24-6259 | Kenneth Wayne Gilmore v. United States | Eighth Circuit | 2025-01-10 | Denied | Response WaivedIFP | armed-career-criminal-act due-process fifth-amendment marijuana-probable-cause search-warrant sixth-amendment | Whether the isolated smell of marijuana is sufficient probable cause for a search warrant; Whether Petitioner's conviction should be reversed due to a… |
| 24-6245 | Brad A. Smith v. United States | First Circuit | 2025-01-08 | Denied | Response WaivedIFP | fifth-amendment fourth-amendment immigration-law interrogation-rights knock-and-talk sixth-amendment | Did authorities violate the Fourth, Fifth, and Sixth Amendments during a 'knock-and-talk' interrogation by entering a secured gate, demanding identifi… |
| 24-6237 | Charles Edward Harris, Jr. v. Whitney Gass, et al. | Arkansas | 2025-01-03 | Denied | Response WaivedIFP | constitutional-violation criminal-statute double-jeopardy fifth-amendment legislative-intent punishment-interpretation | Whether Harris was twice put in jeopardy for one uninterrupted criminal episode under two separate statutes that punish the same conduct without a cle… |
| 24-6226 | Andres Fernando Cabezas v. United States | Eleventh Circuit | 2025-01-02 | Denied | Response WaivedIFP | bitcoin digital-property due-process fifth-amendment forfeiture procedural-standards | Does the Fifth Amendment's Due Process Clause require explicit notice and adjudication for the forfeiture of intangible digital property, such as Bitc… |
| 24A657 | Ethan Margalith, et al. v. JPMorgan Chase Bank, N.A., et al. | Ninth Circuit | 2025-01-02 | Presumed Complete | civil-procedure due-process federal-jurisdiction fifth-amendment homestead-rights removal-jurisdiction | Whether the federal district court's misapplication of removal jurisdiction statutes under 28 U.S.C. sec. 1441 violated the plaintiffs' Fifth Amendmen… | |
| 24-6200 | Carlos Guadalupe Sanchez-Felix v. United States | Tenth Circuit | 2024-12-26 | Denied | Response WaivedIFP | constitutional-law due-process fifth-amendment illegal-reentry racial-discrimination statutory-interpretation | Must a court considering the reenactment of a provision that was originally adopted for a racially discriminatory purpose give meaningful consideratio… |
| 24-678 | Thomas L. Wheeler v. United States | Armed Forces | 2024-12-26 | Denied | Response RequestedResponse WaivedRelisted (2) | court-martial due-process fifth-amendment military-justice panel-trial servicemember-rights | Whether Congress violated the Fifth Amendment's Due Process Clause when it deprived servicemembers facing criminal prosecutions of the right to be tri… |
| 24A617 | Lola Shalewa Barbara Kasali v. United States | Fifth Circuit | 2024-12-20 | Presumed Complete | appeal bond detention due-process fifth-amendment pre-trial-release | Whether the Fifth Amendment due process protections require a court to grant a pre-trial release or bond for a defendant facing potential detention pe… | |
| 24-6154 | Gary Glenn Peterson v. United States | Fifth Circuit | 2024-12-16 | Denied | Response WaivedIFP | constitutional-rights due-process fifth-amendment legal-precedent procedural-fairness sentence-reduction | Whether the denial of a motion for sentence reduction violates due process rights under the Fifth Amendment when issued on a ROTT.FR PT.ATF form |
| 24-6155 | Charles Edward Johnson v. United States | Fifth Circuit | 2024-12-16 | Denied | Response WaivedRelisted (2)IFP | boilerplate-denial constitutional-rights criminal-procedure due-process fifth-amendment sentence-reduction | Whether the denial of a motion for sentence reduction violates due process when issued on a boilerplate form |
| 24-6142 | Warren Lee Weisman v. Charles E. Clark | Washington | 2024-12-13 | Denied | Response WaivedIFP | constitutional-interpretation due-process fifth-amendment fourteenth-amendment judicial-bias linguistic-drift | Whether courts have deviated from the original constitutional intent through linguistic drift and bias, undermining due process and the self-correctin… |
| 24-636 | Jessie J. Barnes v. Donald Uhler, Superintendent, Upstate Correctional Facility, et al. | Second Circuit | 2024-12-11 | Denied | Response Waived | civil-rights due-process fifth-amendment judicial-discretion jury-trial physical-restraints | Whether the Deck test allows a trial judge to require a litigant to wear physical restraints during a jury trial without stating specific case-related… |
| 24-6075 | Lamar Williams v. Alyeska Seafoods, Inc. | Alaska | 2024-12-05 | Denied | Response WaivedIFP | constitutional-violations fifth-amendment fourteenth-amendment fourth-amendment government-funding labor-law | Whether the plaintiff seeks judicial review of potential constitutional and labor law violations by Alyeska Seafood company and government agencies |
| 24-609 | James L. Martin v. David H. Nixon | Delaware | 2024-12-04 | Denied | civil-judgment due-process-clause escheat fifth-amendment fourteenth-amendment takings-clause | Do the Fifth Amendment Takings Clause and the Fourteenth Amendment Due Process Clause protect a civil judgment creditor from escheat when the judgment… | |
| 24-6067 | Jerrelle Quintrez Gladden v. United States | Eleventh Circuit | 2024-12-03 | Denied | Response WaivedIFP | criminal-defense fifth-amendment probable-cause search-warrant sixth-amendment-right witness-exclusion | May a district court exclude a defense witness when he will invoke the Fifth Amendment in response to certain questions but undisputedly will answer a… |
| 24A533 | Adeena Weiss-Ortiz v. Carolina Weiss, et al. | Florida | 2024-12-03 | Presumed Complete | due-process fifth-amendment fourteenth-amendment independent-judgment proposed-judgment trial-court | Whether a trial court's verbatim adoption of a proposed judgment submitted by one party, without independent analysis or addressing contrary evidence,… | |
| 24-579 | Peter J. Strauss v. United States District Court for the District of South Carolina | Fourth Circuit | 2024-11-27 | Denied | Response Waived | ethics-commission expert-affidavit fifth-amendment judicial-impartiality judicial-recusal procedural-due-process | Must a district court judge recuse himself when an expert affidavit challenges his impartiality after reporting a criminal defendant's attorney to an … |
| 24-587 | Scandinavian Airlines System, aka SAS, dba Scandinavian Airlines of North America, Incorporated v. Susan Hardy | Fifth Circuit | 2024-11-27 | Denied | due-process federal-courts fifth-amendment foreign-corporation personal-jurisdiction specific-jurisdiction | Whether the Due Process Clause of the Fifth Amendment authorizes federal courts to exercise specific personal jurisdiction over a foreign corporation … | |
| 24A516 | In Re Martin Akerman | District of Columbia | 2024-11-27 | Presumed Complete | administrative-discretion automated-enforcement constitutional-rights due-process fifth-amendment procedural-safeguards | Whether automated enforcement systems that issue citations without human oversight violate due process protections under the Fifth Amendment by depriv… | |
| 24-6034 | David Lee Hering v. Iowa District Court, Muscatine County | Iowa | 2024-11-26 | Denied | Response WaivedIFP | criminal-sentencing district-court due-process fifth-amendment fourteenth-amendment legislative-mandate | Does the Fifth and Fourteenth Amendments' due process of law guarantee apply to criminal sentencing when a district court refuses to impose a legislat… |
| 24-565 | Linnea W. v. Matthew P. | New York | 2024-11-20 | Denied | constitutional-rights counsel-representation fifth-amendment fourteenth-amendment legal-fees state-court-procedure | May a state court contravene its own state laws requiring legal fees and counsel representation, potentially violating the Fifth and Fourteenth Amendm… | |
| 24-6001 | Keith Brian Hunter v. United States | Sixth Circuit | 2024-11-19 | Denied | Response WaivedIFP | appointed-counsel criminal-justice-act escrow-account fifth-amendment sixth-circuit-court trust-account | Whether the Sixth Circuit Court of Appeals improperly expanded the definition of a client escrow/trust account and violated the Petitioner's Fifth Ame… |
| 24-6002 | Alfredo Viveros-Chavez v. United States | Seventh Circuit | 2024-11-19 | Denied | Response WaivedIFP | arlington-heights equal-protection fifth-amendment legislative-intent racial-discrimination statutory-interpretation | Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo… |
| 24-552 | Deborah Walton v. First Merchants Bank | Seventh Circuit | 2024-11-18 | Denied | Response Waived | article-three due-process fifth-amendment intervention legal-standing sanctions | Whether the 7th Circuit violated Article III and the 5th Amendment by allowing JPMorgan Chase to intervene in a closed case without legal standing and… |
| 24-5960 | Christopher Patrick McGowan v. Pennsylvania | Pennsylvania | 2024-11-13 | Denied | Relisted (2)IFP | fifth-amendment fourteenth-amendment fourth-amendment grand-jury preliminary-hearing probable-cause | Did the Franklin County Court of Common Pleas violate the petitioner's Fourth, Fifth, and Fourteenth Amendment rights through improper judicial proced… |
| 24A475 | Ruel M. Hamilton v. United States | Fifth Circuit | 2024-11-13 | Presumed Complete | ashe-standard double-jeopardy fifth-amendment issue-preclusion jury-verdict preponderance-of-evidence | Whether the Double Jeopardy Clause of the Fifth Amendment precludes retrial of a defendant on a bribery charge after a jury's initial rejection of tha… | |
| 24-5943 | Travyrus Jerard Stradford v. United States | Fifth Circuit | 2024-11-08 | Denied | IFP | constitutional-law criminal-sentencing due-process fifth-amendment sixth-amendment statutory-interpretation | Whether 18 U.S.C. § 3583(g) violates the Fifth and Sixth Amendments |
| 24-5944 | Nathan Reyes v. United States | Fifth Circuit | 2024-11-08 | Denied | IFP | constitutional-law criminal-sentencing due-process fifth-amendment sixth-amendment statutory-interpretation | Whether 18 U.S.C. § 3583(g) violates the Fifth and Sixth Amendments |
| 24-5939 | James Herard v. Florida | Florida | 2024-11-07 | Denied | IFP | death-penalty due-process expert-testimony fifth-amendment interrogation-techniques miranda-rights | Whether the trial court erred in refusing to suppress statements made by James Herard under the 5th and 14th Amendments and Miranda v. Arizona, and wh… |
| 24A456 | In Re Mawule Tepe | Fifth Circuit | 2024-11-06 | Presumed Complete | administrative-seizure constitutional-rights due-process fifth-amendment fourth-amendment tax-refund | Whether the Internal Revenue Service's seizure of a taxpayer's refund without prior judicial authorization violates due process under the Fourth and F… | |
| 24-5908 | Tanya Spurbeck v. Wyndham Worldwide Corporation, et al. | Ninth Circuit | 2024-11-05 | Denied | Response WaivedRelisted (2)IFP | chevron-deference due-process fifth-amendment judicial-review seventh-amendment statute-of-limitations | Whether the statute of limitations was improperly tolled under Chevron deference and Loper Bright Enterprises precedent, and whether Fifth and Seventh… |
| 24A437 | Southern California Edison Company, et al. v. Orange County Transportation Authority | Ninth Circuit | 2024-11-01 | Presumed Complete | fifth-amendment just-compensation property-rights public-transit takings-clause utility-infrastructure | Whether the Fifth Amendment's Takings Clause requires just compensation when a government entity compels a utility to relocate its infrastructure for … | |
| 24-5871 | Jeremy Travis Payne v. United States | Ninth Circuit | 2024-10-31 | Denied | Response WaivedIFP | biometric-data constitutional-rights criminal-procedure fifth-amendment self-incrimination testimonial-evidence | Whether the forced use of biometric data to unlock a cellphone constitutes a 'testimonial' act under the Fifth Amendment |
| 24A435 | Mount Clemens Recreational Bowl, Inc., et al. v. Elizabeth Hertel, Director, Michigan Department of Health and Human Services, et al. | Michigan | 2024-10-31 | Presumed Complete | economic-impact fifth-amendment investment-backed-expectations just-compensation penn-central-test regulatory-taking | Whether a regulatory restriction that substantially interferes with a business's economic expectations constitutes a compensable taking under the Fift… | |
| 24-486 | William B. Walton, et al. v. Neskowin Regional Sanitary Authority | Oregon | 2024-10-30 | Denied | Response Waived | fifth-amendment just-compensation physical-occupation property-rights statute-of-limitations takings-clause | Whether a Constitutional Fifth Amendment Takings Claim, based on a physical occupation, fully accrues and the statute of limitations begins to run bef… |
| 24-5860 | Elliot Rivera v. United States | Eleventh Circuit | 2024-10-30 | Denied | Response WaivedIFP | 11th-circuit civil-procedure due-process federal-rules fifth-amendment rule-60 | Whether the 11th Circuit Court of Appeals erred in limiting Rule 60(d)(3) relief to civil matters and potentially violating due process rights |
| 24A418 | The Gym 24/7 Fitness, LLC, On Behalf of Itself and All Others Similarly Situated v. Michigan | Michigan | 2024-10-30 | Presumed Complete | fifth-amendment investment-expectations just-compensation penn-central-test property-rights regulatory-taking | Whether a state regulation constitutes a regulatory taking under the Fifth Amendment when it substantially interferes with a private business's invest… | |
| 24-5836 | Steven Hadley Hassan v. United States | Fourth Circuit | 2024-10-28 | Denied | Response WaivedIFP | congressional-authority due-process fifth-amendment sentencing-guidelines separation-of-powers statutory-interpretation | Does the U.S. Constitution authorize Congress to transfer lawmaking authority to the U.S. Sentencing Commission? |
| 24-5778 | Akmal Narzikulov v. United States | Second Circuit | 2024-10-18 | Denied | Response WaivedIFP | due-process fifth-amendment jury-reliability perjury reasonable-doubt witness-testimony | Whether government witnesses committed perjury during trial that was so inherently contradictory and unreliable that no reasonable jury could conclude… |
| 24-5780 | Alex Ryle v. Brian Emig, Warden, et al. | Third Circuit | 2024-10-18 | Denied | IFP | constitutional-rights criminal-procedure double-jeopardy fifth-amendment habeas-corpus sentencing | Whether multiple convictions and sentences for possessing one loaded firearm violate the Fifth Amendment's Double Jeopardy Clause |
| 24-5739 | Christopher Lee Parker v. United States | Fifth Circuit | 2024-10-10 | Denied | Response WaivedIFP | due-process fifth-amendment first-amendment internet-restriction plea-agreement supervised-release | Whether the Fifth Circuit erred by dismissing Mr. Parker's appeal based on the waiver of appeal provisions in his Plea Agreement |
| 24-5723 | Terrell Trammell v. United States | Sixth Circuit | 2024-10-08 | Denied | Response WaivedIFP | bruen-standard circuit-split double-jeopardy fifth-amendment firearms-possession second-amendment | Whether § 922(g)(1) is unconstitutional under Bruen and violates the Second and Fifth Amendments' protections against double jeopardy |
| 24-5717 | David Devaney, Jr. v. United States | Fifth Circuit | 2024-10-07 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure due-process fifth-amendment interrogation right-to-counsel self-incrimination | Whether the statement 'I have to get a lawyer, I have to shut the interview down' constitutes an unambiguous request for counsel, and can a defendant'… |
| 24-5679 | Christopher Michael Sevier v. United States | Fifth Circuit | 2024-10-01 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-law criminal-procedure fifth-amendment sentencing-guidelines sixth-amendment statutory-interpretation | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 24-5637 | Kyle Trevor Flack v. Kansas | Kansas | 2024-09-26 | Denied | IFP | custodial-interrogation due-process fifth-amendment miranda-rights objective-inquiry self-incrimination | During a custodial interrogation, may police ignore an individual's repeated and unambiguous demands to 'cut off questioning'? |
| 24-5638 | Kareem Swinton v. United States | Second Circuit | 2024-09-26 | Denied | Response WaivedIFP | co-conspirator-statements constitutional-rights federal-rules-of-evidence fifth-amendment hearsay-testimony sixth-amendment | Whether the admission of hearsay testimony from unidentified co-conspirators without knowledge of their identity violates constitutional rights |
| 24-331 | CBS MN Properties, LLC v. Hennepin County, Minnesota | Minnesota | 2024-09-24 | Denied | Response Waived | eminent-domain fifth-amendment government-taking just-compensation property-rights real-property | Whether a court has an independent duty to ensure just compensation exceeds $0 when the government takes a real property right and whether the Fifth A… |
| 24-323 | Thanquarious R. Calhoun v. Warden, Baldwin State Prison, et al. | Eleventh Circuit | 2024-09-20 | Denied | Response WaivedRelisted (2) | de-novo-review fifth-amendment habeas-corpus ineffective-assistance jury-trial sixth-amendment | Does a federal court's unconditional deference to a state supreme court's purported findings on an essential element of a crime violate a habeas petit… |
| 24A282 | Linnea W. v. Matthew P. | New York | 2024-09-19 | Presumed Complete | custody-trial due-process fifth-amendment fourteenth-amendment legal-fees state-court | Whether the New York State Court of Appeals violated a parent's constitutional due process rights by arbitrarily denying legal fees and counsel in a c… | |
| 24-305 | Justin Savage v. Georgia Office of Administrative Hearings | Georgia | 2024-09-18 | Denied | Relisted (2) | commission-review constitutional-rights due-process fifth-amendment fourteenth-amendment material-evidence | Whether the failure of the Commission and subsequent courts to duly consider and address material evidence constitutes a violation of the Petitioner's… |
| 24A278 | Martin Akerman v. Merit Systems Protection Board | Federal Circuit | 2024-09-18 | Presumed Complete | civil-forfeiture due-process federal-employment fifth-amendment first-amendment whistleblower-protection | Whether the Fifth Amendment and First Amendment protect a federal employee's due process rights and right to petition when challenging civil forfeitur… | |
| 24-295 | Donald Herrington v. Chadwick Dotson, Director, Virginia Department of Corrections | Fourth Circuit | 2024-09-16 | Denied | Response Waived | circuit-split criminal-procedure fifth-amendment right-to-counsel sixth-amendment waiver-of-counsel | Whether the Fourth Circuit erred in holding that a criminal defendant can waive counsel without being fully informed of the charges, potential defense… |
| 24A267 | Kelsey Cascadia Rose Juliana, et al. v. United States, et al. | Ninth Circuit | 2024-09-16 | Presumed Complete | article-iii-standing declaratory-judgment fifth-amendment leave-to-amend ninth-circuit redressability | Whether the Ninth Circuit improperly restricted Article III standing requirements by imposing additional barriers to declaratory relief beyond the Sup… | |
| 24-5530 | Manuel Larry Jackson v. United States | Ninth Circuit | 2024-09-12 | Denied | Response WaivedIFP | criminal-procedure due-process evidence-preclusion fifth-amendment percipient-witness sixth-amendment | Do the Fifth and Sixth Amendments guarantee a defendant the right to call a percipient witness to nearly the entirety of the Government's evidence pre… |
| 24-5538 | John Ross Stenberg v. Don Langford, Warden | Tenth Circuit | 2024-09-12 | Denied | Response WaivedIFP | constitutional-rights due-process fifth-amendment fourteenth-amendment ineffective-counsel self-incrimination | Whether the District Court erred in denying suppression of statements and finding ineffective assistance of counsel claims without merit when constitu… |
| 24-5521 | Vernon Carter v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Florida | 2024-09-11 | Denied | IFP | constitutional-rights eighth-amendment fifth-amendment jury-instructions sixth-amendment verdict-form | Whether the trial court's jury instructions and verdict form violated the Petitioner's Fifth, Sixth, and Eighth Amendment rights by failing to specify… |
| 24-5492 | Jalen Rashad Pasley v. United States | Sixth Circuit | 2024-09-09 | Denied | Response WaivedIFP | criminal-procedure deprivation-of-liberty fifth-amendment individualized-assessment sentencing-conditions supervised-release | Whether a district court must orally pronounce standard conditions of supervised release and assess their reasonableness under the Fifth Amendment |
| 24-5460 | Troy L. Fields v. Colorado | Colorado | 2024-09-05 | GVR | Response RequestedResponse WaivedRelisted (2)IFP | armed-career-criminal-act criminal-sentencing fifth-amendment habitual-criminal prior-convictions sixth-amendment | Whether Petitioner's Fifth and Sixth Amendment rights were violated when he was subjected to an increased maximum sentence based on the trial court's … |
| 24-242 | In Re Peter K. Stern | 2024-09-04 | Denied | Response WaivedRelisted (2) | congressional-intent fifth-amendment judicial-bias prosecutorial-misconduct sixth-amendment subject-matter-jurisdiction | Whether the District Court lacked subject matter jurisdiction and whether prosecutorial misconduct and judicial bias warrant reversal of the petitione… | |
| 24-5439 | Richard Beasley v. Ohio | Ohio | 2024-09-04 | Denied | IFP | appellate-procedure capital-punishment constitutional-rights due-process fifth-amendment sixth-amendment | Whether a criminal defendant's due process rights are violated when a state supreme court dismisses a capital appeal and fails to appoint replacement … |
| 24-5442 | Philander Philippeaux v. United States | Second Circuit | 2024-09-04 | Denied | Response WaivedIFP | district-court due-process fifth-amendment judicial-delay mandamus motion-pending | Whether a federal district court judge's prolonged delay in ruling on pending motions constitutes a violation of procedural due process |
| 24-5454 | Jesse Alaniz Lopez v. United States | Fifth Circuit | 2024-09-04 | Denied | Response WaivedIFP | armed-career-criminal felony-classification fifth-amendment sentencing-enhancement substantive-due-process texas-robbery | Whether the Court of Appeals and District Court erred in construing a 1987 Texas robbery conviction as a felony for Armed Career sentencing, violating… |
| 24-227 | John Kevin Woodward v. California, et al. | California | 2024-08-29 | Denied | Response RequestedResponse WaivedRelisted (5) | acquittal criminal-procedure double-jeopardy fifth-amendment judicial-interpretation substantial-evidence | Does the Supreme Court of California's narrow test for an 'acquittal' under the Fifth Amendment conflict with this Court's precedent? |
| 24-214 | Karen E. Ellingstad, et al. v. Kake Tribal Corporation, et al. | Ninth Circuit | 2024-08-27 | Denied | Response Waived | appellate-procedure constitutional-rights due-process fifth-amendment first-amendment oral-argument | Whether the Ninth Circuit's policy of denying oral argument violates litigants' constitutional rights to due process and a day in court |
| 24-5401 | Whitney Leigh Estep v. United States | Fourth Circuit | 2024-08-27 | Denied | Response WaivedIFP | appellate-review criminal-procedure fifth-amendment fourth-circuit sentencing-discretion witness-testimony | Whether the Fourth Circuit erred in denying Ms. Estep's arguments regarding a witness's Fifth Amendment objection and the district court's sentencing … |
| 24A201 | Peter K. Navarro v. United States | District of Columbia | 2024-08-23 | Presumed Complete | act-of-production fifth-amendment fourth-amendment presidential-records-act self-incrimination white-house-records | Whether the Presidential Records Act and the Fourth Amendment permit compelled production of presidential records from a former White House official's… | |
| 24-186 | Pamela Antosh, et al. v. Village of Mount Pleasant, Wisconsin, et al. | Seventh Circuit | 2024-08-21 | Denied | colorado-river-doctrine constitutional-rights eminent-domain fifth-amendment judicial-abstention public-use-claim | Whether the court of appeals erred in affirming the district court's application of the Colorado River doctrine when the Village of Mount Pleasant use… | |
| 24A189 | Sherry Ann McGann v. Jeanne Y. Jagow, Chapter 7 Trustee | United States Bankruptcy Appellate Panel for the 1 | 2024-08-21 | Presumed Complete | ada-violations bankruptcy-rights due-process fifth-amendment property-deprivation trustee-misconduct | Whether the Fifth Amendment's due process protections require meaningful judicial review of trustee actions in bankruptcy proceedings that potentially… | |
| 24-5339 | Seth Elred Perricone v. United States | Fifth Circuit | 2024-08-19 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acquitted-conduct constitutional-rights due-process fifth-amendment sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit sentencing a defendant based on acquitted conduct |
| 24-162 | Jennifer Sykes, et al. v. Office of the California State Controller, et al. | Ninth Circuit | 2024-08-15 | Denied | Response Waived | fifth-amendment just-compensation public-use takings-clause temporary-taking unclaimed-property | Does the Ninth Circuit's decision that California's Unclaimed Property Law does not require the payment of just compensation for the temporary taking … |
| 24-164 | Aaron York Dean v. Texas | Texas | 2024-08-15 | Denied | Response Waived | due-process equal-protection fifth-amendment grand-jury-indictment lesser-included-offense sixth-amendment | Does Grey v. State violate constitutional due process and equal protection by allowing the State unequal procedural rights in submitting lesser-includ… |
| 24-5313 | Tony Carr, aka Tony Carnell, aka Tony Coronel Carr, aka T-Bone v. United States | Ninth Circuit | 2024-08-13 | Denied | Response WaivedIFP | attorney-general-memorandum crack-cocaine criminal-procedure fifth-amendment plea-agreement sentencing-guidelines | Whether a defendant sentenced under pre-Garland memorandum crack cocaine sentencing guidelines is entitled to a remand for resentencing |
| 24-151 | United States v. Palestine Liberation Organization, et al. | Second Circuit | 2024-08-12 | Judgment Issued | Relisted (2) | due-process fifth-amendment legislative-jurisdiction palestinian-authority personal-jurisdiction terrorism-civil-suits | Whether the Promoting Security and Justice for Victims of Terrorism Act's method of establishing personal jurisdiction over the Palestine Liberation O… |
| 24-5304 | Angela Goldman Selby v. Denis R. McDonough, Secretary of Veterans Affairs | Federal Circuit | 2024-08-12 | Denied | Response WaivedRelisted (2)IFP | agent-orange color-of-law due-process fifth-amendment takings-clause veterans-rights | Did the Veteran Affairs violate constitutional rights by improperly applying regulations and disbursing funds owed to deceased veterans exposed to Age… |
| 24A167 | Bryan C. O'Rourke v. Carrie Bridges, Warden | Oklahoma | 2024-08-12 | Presumed Complete | equal-protection fifth-amendment indian-definition major-crimes-act race-classification tribal-enrollment | Whether the Major Crimes Act's definition of 'Indian' violates the Fifth Amendment's equal protection guarantee by impermissibly relying on racial cla… | |
| 24-5278 | Mark Manuel Angeles Marino v. United States | Eleventh Circuit | 2024-08-08 | Denied | Response WaivedIFP | fifth-amendment fourth-amendment probable-cause search-warrant self-incrimination sentencing-hearing | Whether a defendant's Fifth Amendment privilege against self-incrimination was violated by drawing an adverse inference from silence at a sentencing h… |
| 24-5283 | In Re Kenton G. Findlay | 2024-08-08 | Dismissed | Relisted (2)IFP | constitutional-rights court-of-appeal due-process fifth-amendment fourteenth-amendment legal-relief | Did the Third District Court of Appeal violate due process rights under the Florida Constitution and the 5th and 14th Amendments of the U.S. Constitut… | |
| 24A150 | GHP Management Corporation, et al. v. City of Los Angeles, California, et al. | Ninth Circuit | 2024-08-08 | Presumed Complete | covid-19 eviction-moratorium fifth-amendment municipal-code regulatory-taking takings-clause | Whether a municipal eviction moratorium during the COVID-19 pandemic constitutes a regulatory taking under the Fifth Amendment's Takings Clause that r… | |
| 24-5241 | Jason Gatlin v. United States | Eleventh Circuit | 2024-08-06 | Denied | IFP | criminal-procedure double-jeopardy due-process eleventh-circuit fifth-amendment judicial-interference jury-verdict | Whether a jury has rendered a final verdict and jeopardy terminates under the Double Jeopardy Clause of the Fifth Amendment where the jury has indicat… |
| 24-124 | Brent Brewbaker v. United States | Fourth Circuit | 2024-08-05 | Denied | 5th-amendment-6th-amendment'\n\n'Did the court of antitrust-law appellate-review article-1 constitutional-challenge constitutional-error criminal-law criminal-procedure criminal-statute due-process fifth-amendment harmless-error jury-instructions presumption sherman-act sixth-amendment void-for-vagueness | Is the criminal provision of Section 1 of the Sherman Act Constitutional? | |
| 24-5183 | Harshadkumar Nanjibhai Jadav v. J. Woodson, Warden | Fourth Circuit | 2024-07-31 | Denied | IFP | and whether the state prisoner made a proper show actual-innocence aedpa aedpa-standard criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions schlup | What constitutes as 'new' evidence |
| 24-5199 | Sharon Cammille Riddick v. Massachusetts | Massachusetts | 2024-07-31 | Denied | IFP | dismissal due-process fifth-amendment first-amendment interlocutory-appeal obstruction-of-justice petition-government self-incrimination | Whether 8.J.C. Rule 2:21 (2) is an adequate basis to dismiss the Petitioner's Complaint, and not a violation of the Petitioner's First Amendment right… |
| 24-100 | Doug Dyson v. Tiffany Deakins, Whitley County Auditor, et al. | Indiana | 2024-07-30 | Denied | Relisted (2) | civil-procedure common-law constitutional-rights due-process enabling-act fifth-amendment judicial-proceeding property-ownership property-rights takings tax-identification | Whether the trial court violated the organic law and constitutional provisions to supplant its orders superseding my rights to a judicial proceeding a… |
| 24-5123 | Angel Sanchez v. Teresa Cisneros, Warden | Ninth Circuit | 2024-07-23 | Denied | Response WaivedRelisted (2)IFP | calcrim-375 constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial fifth-amendment fourteenth-amendment prior-acts sixth-amendment | Whether petitioner was denied his Sixth and Fourteenth Amendment right to due process and fair trial |
| 24-60 | Jimmie L. Bowen v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2024-07-19 | Denied | Response Waived | coercive-questioning fifth-amendment fifth-amendment-violation interrogation interrogation-tactics juvenile-suspect miranda-rights secret-recording unreasonable-application | Whether a detective's act of placing a juvenile suspect in an interview room with a juvenile co-suspect while secretly monitoring and recording the co… |
| 24A58 | William B. Walton, et al. v. Neskowin Regional Sanitary Authority | Oregon | 2024-07-17 | Presumed Complete | fifth-amendment just-compensation physical-occupation property-rights statute-of-limitations takings-clause | Whether a physical taking of private property occurs when a government entity physically occupies land with the owner's initial consent but later beco… | |
| 24-5090 | Gerald Wayne Timms v. Merrick B. Garland, Attorney General | Fourth Circuit | 2024-07-16 | Denied | Response WaivedIFP | 18-usc-4248 attorney-general civil-commitment due-process fifth-amendment necessary-and-proper-clause procedural-due-process procedural-rights substantive-due-process | Whether 18 U.S.C. § 4248, consistent with both substantive and procedural due process, can be read to permit a civil commitment order to remain in eff… |
| 24-5062 | Amanda Reynolds v. City of Sandy, Utah | Utah | 2024-07-12 | Denied | IFP | birchfield-v-north-dakota constitutional-violation due-process exclusionary-rule fifth-amendment first-amendment fourth-amendment implied-consent miranda-rights sixth-amendment standing-mootness-public-interest-doctrine | Does Petitioner have standing to challenge the constitutionality of Utah's Implied Consent Statute? |
| 24-5071 | Dennis German v. United States | Seventh Circuit | 2024-07-12 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment 8th-amendment criminal-procedure due-process effective-assistance eighth-amendment fifth-amendment relevant-conduct sentencing sentencing-guidelines | Whether the government violated the petitioner's 8th Amendment and 5th Amendment constitutional rights by using separate incidents as relevant conduct… |
| 24A36 | International Business Machines Corporation & Combined Affiliates v. Tax Appeals Tribunal of the State of New York, et al. | New York | 2024-07-12 | Presumed Complete | fifth-amendment just-compensation property-rights state-tax statutory-interpretation tax-tribunal | Whether a state tax tribunal's interpretation of a state tax statute constitutes a taking of property without just compensation under the Fifth Amendm… | |
| 24-5052 | In Re Kenton G. Findlay | 2024-07-11 | Dismissed | Relisted (2)IFP | 14th-amendment 5th-amendment constitutional-violation court-of-appeal criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment habeas-corpus legal-relief | Due process-violation | |
| 24-5055 | Tre'veon Demarcus Anderson v. Louisiana | Louisiana | 2024-07-11 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights douglas-v-alabama due-process fifth-amendment prosecutorial-misconduct self-incrimination sixth-amendment sixth-and-fourteenth-amendments | Whether the defendant's Sixth Amendment right to confrontation was violated when the State elicited testimony from a witness who repeatedly invoked th… |
| 24-5024 | Timothy John Miers v. United States | Eleventh Circuit | 2024-07-10 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-interpretation double-jeopardy eleventh-circuit fifth-amendment miller-el-v-cockrell sentencing sentencing-authority separation-of-powers | Whether the Eleventh Circuit Court of Appeals has so far departed from established Federal Law and the legal standards set out by this Court in MILLER… |
| 24-20 | Miriam Fuld, et al. v. Palestine Liberation Organization, et al. | Second Circuit | 2024-07-09 | Judgment Issued | Amici (5)Relisted (2) | anti-terrorism-act consent-to-jurisdiction due-process fifth-amendment palestinian-authority palestinian-liberation-organization personal-jurisdiction promoting-security-and-justice-for-victims-of-terr statutory-interpretation | Whether the PSJVTA violates the Fifth Amendment |
| 24-5021 | Joyce Isagba v. United States | Eleventh Circuit | 2024-07-09 | Denied | Response WaivedIFP | admissibility criminal-procedure due-process evidence-admissibility federal-rules-of-evidence-404b fifth-amendment prior-bad-acts relevance rule-404b sentencing-conditions supervised-release | Is a single uncharged act 5-7 years prior admissible under Rule 404(b)? |
| 24-5026 | Claudio Alvarez Rodriguez v. United States | Fourth Circuit | 2024-07-09 | Denied | Response WaivedIFP | 8-usc-1326 constitutional-law discriminatory-effect discriminatory-purpose equal-protection fifth-amendment illegal-reentry racial-discrimination statutory-interpretation | Whether the illegal re-entry statute, 8 U.S.C. § 1326, violates the equal protection guarantee of the Fifth Amendment because the law was enacted with… |
| 23-7838 | Davit Davitashvili v. United States | Third Circuit | 2024-07-01 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-violations criminal-procedure due-process fifth-amendment mental-health-disclosure miscarriage-of-justice prosecutorial-misconduct sixth-amendment | Were there violations of the 5th and 6th Amendments? |
| 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 |
| 23-7833 | Walter Payton v. Kansas | Tenth Circuit | 2024-06-28 | Denied | IFP | constitutional-rights due-process fifth-amendment habeas-corpus statutory-law waiver | miscarriage-of-justice |
| 23-7807 | Marcus Anthony Barnes v. United States | Eleventh Circuit | 2024-06-26 | Denied | Response WaivedIFP | civil-procedure civil-procedure,due-process,criminal-trial,federal court-of-appeals criminal-trial factual-evidence fifth-amendment rule-60b | Whether descriptions or summary of evidence is sufficiently accurate enough to determine a Federal Rule of Civil Procedure 60(b)(1) motion alleging mi… |
| 23-1337 | Baldwin County, Alabama, et al. v. Mike Bordelon, et al. | Eleventh Circuit | 2024-06-25 | Denied | Response Waived | due-process economic-use fair-market-value fifth-amendment just-compensation penn-central property-rights regulatory-taking takings temporary-prohibition temporary-taking | Does the temporary prohibition of a specific project or use constitute a compensable regulatory taking, regardless of the availability of other econom… |
| 23-7803 | Michael Sean Graham v. United States | Ninth Circuit | 2024-06-25 | Denied | Response WaivedIFP | confrontation confrontation-clause covid-19-restrictions due-process fifth-amendment public-interest sars-cov-2 sixth-amendment trial-procedure | Did the Ninth Circuit err in holding that masking trial witnesses did not violate the defendant's due process and confrontation rights? |
| 23-7780 | Mario Gonzalez-Godinez v. United States | Ninth Circuit | 2024-06-24 | Denied | Response WaivedIFP | asylum-process asylum-seekers criminal-prosecution custodial-interrogation fifth-amendment miranda-rights miranda-warnings self-incrimination | fifth-amendment-right-to-remain-silent |
| 23-7775 | Edward Treisback v. United States | Eleventh Circuit | 2024-06-21 | Denied | Response WaivedIFP | 5th-amendment burden-of-proof criminal-procedure due-process fifth-amendment morrissey-v-brewer revocation-hearing supervised-release | Did the District Court shift the burden of proof from the United States to the defendant in violation of 18 U.S.C. 3583(e)(3) and was defendant's righ… |
| 23-7778 | Davonte Williams-Dorsey v. United States | Second Circuit | 2024-06-21 | Denied | Response WaivedIFP | criminal-procedure criminal-procedure-due-process-jury-trial-evidence due-process duress-defense fifth-amendment judicial-precedent jury-trial sixth-amendment trial-procedure united-states-v-contento-pancho united-states-v-paul | Did the lower courts err in precluding petitioner's duress defense at trial? |
| 23-7768 | Leonard Williamson, Jr. v. United States | Seventh Circuit | 2024-06-20 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing-guidelines sixth-amendment | Whether the Fifth and Sixth Amendments prohibit the district court from considering conduct of which Mr. Williamson was acquitted by the jury when cal… |
| 23-7740 | William H. Baker v. Angela Hunsinger-Stuff, Warden | Sixth Circuit | 2024-06-18 | Denied | IFP | constitutional-rights due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment miscarriage-of-justice procedural-default sixth-amendment | Whether the procedural default creates a miscarriage of justice that denies Petitioner his fundamental rights to due-process |
| 23-7746 | Robert Brumfield, III v. United States | Fifth Circuit | 2024-06-18 | Denied | Response WaivedIFP | acquitted-conduct brady-prejudice criminal-procedure due-process fifth-amendment jury-acquittal prosecution-evidence sentencing sentencing-guidelines sixth-amendment | Whether courts evaluating Brady prejudice are permitted to ignore a jury's acquittal when evaluating the strength of the prosecution's evidence |
| 23-7665 | Kenneth Oteng Duodu v. Chadwick Dotson, Director, Virginia Department of Corrections | Fourth Circuit | 2024-06-07 | Denied | Relisted (2)IFP | article-vi confrontation-clause constitutional-rights consular-notification criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus international-obligations vienna-convention | Whether the failure of the Fairfax County Police Department to notify the Consulate of Ghana in contravention of the petitioner's established consular… |
| 23A1089 | Jimmie L. Bowen v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2024-06-06 | Presumed Complete | fifth-amendment interrogation miranda-rights police-interview self-incrimination suspect-confession | Whether the placement of a suspect in a police interview room with another suspect after invoking Miranda rights constitutes an interrogation that vio… | |
| 23A1085 | Alexander Cote, et al. v. Office of the California State Controller, et al. | Ninth Circuit | 2024-06-05 | Presumed Complete | fifth-amendment just-compensation property-rights public-use takings-clause unclaimed-property | Whether the Takings Clause of the Fifth Amendment requires states to pay just compensation to owners of unclaimed property held and used for public pu… | |
| 23-7619 | Brandon Gibbs v. Texas | Texas | 2024-06-03 | Denied | IFP | closing-argument constitutional-rights criminal-procedure due-process fifth-amendment prosecutorial-misconduct self-incrimination | Did prosecutor improperly comment on Petitioner's failure to testify during closing argument, in violation of the Fifth Amendment? |
| 23A1073 | Jeremiah Wooden v. Massachusetts | Massachusetts | 2024-05-31 | Presumed Complete | constitutional-law criminal-procedure double-jeopardy fifth-amendment retrial sufficiency-of-evidence | Whether the Double Jeopardy Clause permits a retrial when a change in law renders the original trial evidence insufficient to support a conviction | |
| 23-1254 | Stephen Ollar, et al. v. District of Columbia, et al. | District of Columbia | 2024-05-31 | Denied | Response Waived | bodily-integrity evidence-fabrication fabricated-evidence fifth-amendment fourth-amendment medical-procedure parental-consent parental-rights seizure state-action | Whether the Fourth Amendment assures parents that, painful-and-medically-unnecessary-procedures-of-their-child-will-not-be-undertaken-for-investigativ… |
| 23-7592 | Ynedra Diggs v. United States | Fifth Circuit | 2024-05-30 | Denied | Response WaivedIFP | bruton-rule bruton-v-united-states co-defendant-statements confrontation-clause constitutional-rights criminal-procedure fifth-amendment fifth-circuit testimonial-evidence testimonial-statements unavailable-witnesses | Was Ms. Diggs's constitutional right to confrontation violated? |
| 23-1250 | Carlos Vega v. Terence B. Tekoh | Ninth Circuit | 2024-05-29 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (2) | administration-of-justice circuit-split coerced-confessions confession-admissibility criminal-procedure due-process expert-testimony fifth-amendment miranda-rights miranda-warning ninth-circuit | Whether the Ninth Circuit erred by establishing a categorical rule requiring the admission of expert testimony on the allegedly coercive circumstances… |
| 23-7562 | Ricky Escobedo v. Katherine R. Gutierrez, et al. | Fifth Circuit | 2024-05-28 | Denied | Relisted (3)IFP | 4th-amendment 5th-amendment color-of-law constitutional-rights due-process fifth-amendment fourth-amendment law-enforcement search-and-seizure traffic-stop | Whether petitioner's motorvehicle traffic stop by a third-party (State - Local) under federal color of law was the result of a denial of his Fourth Am… |
| 23-7566 | Brendon Tyre Garner v. United States | Fourth Circuit | 2024-05-28 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sentencing-guidelines sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-7575 | Oscar Dillon, III v. United States | Eighth Circuit | 2024-05-28 | Denied | Response WaivedRelisted (2)IFP | acquittal acquitted-conduct criminal-culpability double-jeopardy federal-rules-of-evidence fifth-amendment rule-404(b) trial-procedure unrelated-charges | Whether the Fifth Amendment's Double Jeopardy Clause prohibits the introduction of acquitted criminal conduct under Rule 404(b) in a separate trial wh… |
| 23A1055 | Lani Lucas Limane, aka Lukasz Chad Limane v. United States | Fifth Circuit | 2024-05-28 | Presumed Complete | aggravated-identity-theft double-jeopardy enumerated-offense fifth-amendment plea-agreement wire-fraud | Whether the Fifth Amendment's double jeopardy clause bars conviction for both aggravated identity theft and wire fraud when wire fraud serves as the p… | |
| 23-1241 | Jeffrey Fay Pike v. United States | Fifth Circuit | 2024-05-24 | Denied | Response Waived | conflict-of-interest counsel-of-choice disqualification due-process ex-parte ex-parte-proceeding fifth-amendment prosecution-witness right-to-counsel sixth-amendment | Does it deny a defendant due process of law to disqualify trial counsel based on a purported conflict of interest following the ex parte consideration… |
| 23-7539 | Eddie Lamar Thomas v. Don Langford, Warden | Tenth Circuit | 2024-05-22 | Denied | IFP | criminal-procedure custodial-interrogation due-process fifth-amendment investigative-detention miranda-warnings self-incrimination | Whether the district court violated Mr. Thomas's Fifth Amendment rights by admitting his statements to detectives and evidence derived from those stat… |
| 23-7547 | Branden Tyler v. United States | Eleventh Circuit | 2024-05-22 | Denied | Response WaivedIFP | 18-usc-2 5th-amendment aiding-and-abetting criminal-procedure due-process fifth-amendment interstate-commerce person principal statutory-interpretation | Whether a defendant can be charged with aiding and abetting when the principal was not another actual person |
| 23-7512 | Dallas M. Acoff v. United States | Fourth Circuit | 2024-05-20 | Denied | Response WaivedIFP | appeal criminal-sentencing district-court due-process fifth-amendment guidelines harmless-error judicial-error procedural-reasonableness sentencing sentencing-guidelines | Whether the district court committed error and imposed a procedurally unreasonable sentence |
| 23-7481 | Maurice Owen Wiley v. United States | Fourth Circuit | 2024-05-14 | Denied | Response WaivedIFP | conspiracy crime-of-violence criminal-conspiracy double-jeopardy fifth-amendment firearms firearms-possession hobbs-act | Does the imposition of consecutive punishments for conspiracy to commit Hobbs Act robbery and conspiracy to possess firearms in furtherance of a crime… |
| 23A1004 | Lemon Bay Cove, LLC v. United States | Federal Circuit | 2024-05-10 | Presumed Complete | federal-claims fifth-amendment government-interference property-rights regulatory-taking tucker-act | Whether the Fifth Amendment and Tucker Act permit a takings claim against the federal government for alleged regulatory interference with private prop… | |
| 23-1200 | Gregory Garmong v. Tahoe Regional Planning Agency, et al. | Ninth Circuit | 2024-05-08 | Denied | Response Waived | 14th-amendment 5th-amendment constitutional-claims due-process federal-law fifth-amendment ninth-circuit private-right-of-action property-interest | Did the Ninth Circuit err in affirming dismissal of, and declaring frivolous, constitutional due process claims pursuant to an express private right o… |
| 23-7384 | Javier Mandry, aka Javier E. Mandry-Mercado v. United States | Federal Circuit | 2024-05-06 | Denied | Response WaivedIFP | constitutional-rights due-process fifth-amendment implied-contract plebiscite pro-se-litigants puerto-rico-statehood statehood tucker-act | Whether participation in the Congress—authorized 2017 and 2020 plebiscite for Puerto Ricans, on statehood elections, constitutes an implied in fact co… |
| 23-7379 | Michael Hebert v. Tim Hooper, Warden | Fifth Circuit | 2024-05-03 | Denied | Response WaivedIFP | brady-violation constitutional-violations due-process evidence evidence-contamination fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment | Whether the lower court erred in denying COA on the claim of prosecutorial misconduct |
| 23A983 | Robert Brumfield, III v. United States | Fifth Circuit | 2024-05-03 | Presumed Complete | acquitted-conduct brady-violation criminal-procedure fifth-amendment sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from enhancing a criminal defendant's sentence based on acquitted conduct that could c… | |
| 23-7369 | Robert George Jefferson v. United States | Eighth Circuit | 2024-05-02 | Denied | Response WaivedIFP | 404(b)-motion 404b 404c complete-review-provision concurrent-sentencing-doctrine due-process fifth-amendment first-step-act | Does declining to review the merits of a 404(b) petition violate the complete-review provision of 404(c)? |
| 23-7372 | Meghan Kelly v. Disciplinary Counsel Patricia B. Swartz, et al. | Third Circuit | 2024-05-02 | Denied | Relisted (2)IFP | civil-procedure civil-rights constitutional-rights disciplinary-proceedings due-process fifth-amendment first-amendment free-speech judicial-discretion professional-disciplinary-proceedings sixth-amendment standing | Question not identified |
| 23-7363 | Orin Kristich v. United States District Court for the District of New Mexico | Tenth Circuit | 2024-05-01 | Denied | Response WaivedIFP | 10th-circuit-court-of-appeals access-to-courts constitutional-rights due-process fifth-amendment first-amendment legal-mail prison-officials | Whether the First Amendment applies to legal mail |
| 23-7344 | Richard Arlee Champion v. United States | Fourth Circuit | 2024-04-30 | Denied | Response WaivedIFP | 28-usc-2255 criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance-of-counsel motion-to-vacate plea-bargaining pleading-timing pre-indictment-delay statute-of-limitations | When determining the timeliness of a motion to vacate pursuant to 28 USC 2255, what pleading determines the relevant pleading when making that determi… |
| 23-7332 | Angel De Jesus Castillo-Godoy v. United States | First Circuit | 2024-04-29 | Denied | Response WaivedIFP | appeal-waiver burden-of-proof criminal-procedure due-process fifth-amendment government-defense jurisdiction opening-brief reply-brief sixth-amendment | Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-7312 | James Bennett v. United States | Eighth Circuit | 2024-04-26 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sixth-amendment | Whether consideration of acquitted conduct by the District Court in consideration of Bennett's ultimate sentence violates the Due Process Clause of th… |
| 23-7294 | Robert Cota, Jr. v. United States | Ninth Circuit | 2024-04-23 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process evidentiary-hearing fifth-amendment habeas-corpus shackles shackling | Whether the Ninth Circuit violated §2255(b) by failing to require an evidentiary hearing and, in doing so, failed to protect the defendant's Fifth Ame… |
| 23-7276 | Robert Dwayne Smith v. Amy Robey, Warden | Sixth Circuit | 2024-04-19 | Denied | Response WaivedIFP | fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel procedural-default sixth-amendment sixth-circuit | Did the court of appeals erroneously deny petitioner's habeas corpus petition due to procedural default without reviewing the record and basing its de… |
| 23-7278 | Kasheen Samuels v. United States | Second Circuit | 2024-04-19 | Denied | Response WaivedIFP | due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment-modification jury-instructions sixth-amendment | Did the Second Circuit err in failing to find that Kasheen Samuels' Fifth Amendment rights to an indictment by a Grand Jury and due process and his Si… |
| 23-7258 | T. C., Minor Child, By and Through His Guardian ad Litem, Theodore Cabaniss v. Pfizer, Inc. | Ninth Circuit | 2024-04-18 | Denied | Response WaivedIFP | 5th-amendment civil-rights constitutional-rights due-process emergency-declaration federal-government federal-immunity fifth-amendment medical-malpractice | Does the due process clause permit federal government to immunize medical providers from malpractice suits when there is no actual emergency? |
| 23-7242 | Juan Avendano v. Illinois | Illinois | 2024-04-17 | Denied | Response WaivedIFP | constitutional-rights criminal-indictment criminal-procedure double-jeopardy due-process fifth-amendment jury-instructions jury-verdict statutory-interpretation statutory-offense | Whether a defendant's rights under the Double Jeopardy Clause are violated by multiple, factually identical counts of the same statutory offense using… |
| 23-7234 | Orlando Bell v. United States District Court for the District of Columbia | District of Columbia | 2024-04-15 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment due-process fifth-amendment fourth-amendment impartiality-standard judicial-bias judicial-recusal recusal witness witness-conflict | Whether a reasonable and informed observer would question the judge's impartiality when the judge allowed an AUSA who became a witness in the proceedi… |
| 23A916 | Karen E. Ellingstad, et al. v. Kake Tribal Corporation, et al. | Ninth Circuit | 2024-04-15 | Presumed Complete | appellate-procedure due-process fifth-amendment first-amendment ninth-circuit oral-argument | Whether the First and Fifth Amendments require meaningful oral argument as a fundamental component of due process in federal appellate proceedings | |
| 23-7218 | Leslie Shannon v. Cherry Creek School District, et al. | Tenth Circuit | 2024-04-12 | Denied | Response WaivedIFP | civil-rights discrimination due-process employment-discrimination employment-law equal-protection fifth-amendment fourteenth-amendment retaliation summary-judgment | Whether the Fifth and Fourteenth Amendment rights were violated |
| 23-1110 | Gerald S. Ostipow, Individually and as Personal Representative of the Estate of Royetta L. Ostipow v. William L. Federspiel | Sixth Circuit | 2024-04-12 | Denied | civil-procedure civil-rights criminal-investigation criminal-procedure due-process fifth-amendment just-compensation property-rights property-seizure taking takings | Does the non-return and indefinite retention of non-forfeited private property (or its monetary equivalent), when initially seized for a criminal inve… | |
| 23-1103 | Sawtooth Mountain Ranch, LLC, et al. v. United States Forest Service, et al. | Ninth Circuit | 2024-04-11 | Denied | Amici (3)Response Waived | constitutional-rights declaratory-relief equitable-tolling fifth-amendment just-compensation regulatory-taking statute-of-limitations | Question not identified |
| 23-7197 | Michael David Logering, et al. v. Morrison County Sheriff's Office, et al. | Eighth Circuit | 2024-04-11 | Denied | IFP | civil-procedure civil-rights constitutional-rights due-process equal-protection federal-rules fifth-amendment fourteenth-amendment judicial-error standing | Did the United States Appeals Court for the Eighth Circuit violate the Plaintiffs' Constitutional Rights to Due Process and Equal Protection under the… |
| 23-7171 | Darryl Puderer v. Louisiana | Louisiana | 2024-04-10 | Denied | IFP | civil-procedure civil-rights constitutional-rights due-process federal-jurisdiction fifth-amendment fourteenth-amendment jurisdictional-claims out-of-time-appeal pleadings standing | Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted |
| 23-7114 | Richard Marschall v. United States | Ninth Circuit | 2024-04-01 | Denied | Response WaivedIFP | drug-mislabeling due-process felony fifth-amendment food-and-drug-administration mens-rea recidivist recidivist-enhancement strict-liability | Whether the Due Process clause of the Fifth Amendment mandates a mens rea term for the felony recidivist enhancement, 21 U.S.C. § 333(a)(2), of the mi… |
| 23-7080 | Curtis Dwayne Vaughn v. Sean M. Flannery, et al. | Eighth Circuit | 2024-03-26 | Denied | Response WaivedIFP | americans-with-disabilities-act civil-procedure civil-rights due-process fifth-amendment fourteenth-amendment rehabilitation-act rule-15d standing standing-defects supplemental-pleading | Whether the court agrees to resolve the circuit split on Rule 15(d) supplemental pleading to cure standing defects and provide reasonable accommodatio… |
| 23-1049 | John-Henry Ayanbadejo v. Chanel Goosby, et al. | Texas | 2024-03-22 | Denied | appellate-review constitutional-rights due-process equal-protection fifth-amendment first-amendment fourteenth-amendment judicial-proceedings seventh-amendment supreme-court-procedure | Whether the Lower Appellate Court departed from the accepted and usual course of judicial proceedings, and/or sanctioned such a departure by the Texas… | |
| 23-7047 | Renaire Roshique Lewis, Jr. v. United States | Fourth Circuit | 2024-03-21 | Denied | Response WaivedIFP | coconspirator-hearsay counsel criminal-procedure due-process evidence federal-rules-of-evidence fifth-amendment miranda-warnings right-to-counsel | Whether the presence of counsel obviates the need for Miranda warnings |
| 23-7022 | Elvis Edgardo Molina v. United States | Ninth Circuit | 2024-03-19 | Denied | Response WaivedIFP | burns-v-united-states due-process evidence-disclosure fifth-amendment guidelines guidelines-range judicial-discretion sentencing sentencing-variance upward-variance | Whether the district court's failure to disclose gun statistics from unknown sources of questionable validity to justify an unprecedented 30-month upw… |
| 23-1020 | Utah v. Alfonso Valdez | Utah | 2024-03-18 | Denied | Amici (1) | cellphone cellphone-privacy criminal-procedure fifth-amendment foregone-conclusion passcode self-incrimination testimonial testimonial-communication | Whether disclosing a cellphone passcode with no substantive meaning is testimonial under the Fifth Amendment |
| 23-1016 | William Facteau and Patrick Fabian v. United States | First Circuit | 2024-03-15 | Denied | Amici (1) | arbitrary-enforcement fda-regulations fifth-amendment first-amendment interstate-commerce medical-device off-label-use truthful-speech | Whether FDA's intended use' regulations violate the First Amendment and Fifth Amendment |
| 23-6966 | Alison Lee Gendreau v. United States | Ninth Circuit | 2024-03-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-restitution fifth-amendment grand-jury grand-jury-right jury-trial proof-beyond-reasonable-doubt reasonable-doubt restitution sixth-amendment | Whether the Fifth Amendment grand jury right and the Sixth Amendment right to jury trial on proof beyond a reasonable doubt apply to restitution in a … |
| 23-986 | Joseph Daryll Rued, et al. v. Charlene W. Hatcher, Judge, Hennepin County, Minnesota, et al. | Eighth Circuit | 2024-03-12 | Denied | Response WaivedRelisted (2) | access-to-venue association child-welfare children's-welfare civil-rights constitutional-rights due-process fifth-amendment fourteenth-amendment natural-parents rooker-feldman unlawful-confinement | Did the Eighth Circuit err in affirming the District Court's Order and denying Petitioners' petition for rehearing en banc? |
| 23-988 | Justin Holder v. Jeffrey Young, et al. | Maryland | 2024-03-11 | Denied | Response Waived | 5th-amendment fifth-amendment in-rem-jurisdiction judicial-jurisdiction land-transfer merger-doctrine municipal-power police-power property-rights subdivision-ordinance taking takings | Does the State employee judge Andrew Wilkinson's orders refusing to join the State, and voiding the deeds of Petitioner that contested the State's col… |
| 23A823 | Paul Siladi v. Deutsche Bank National Trust Company | Connecticut | 2024-03-07 | Presumed Complete | due-process fifth-amendment foreclosure fourteenth-amendment standing summary-judgment | Whether the Fifth and Fourteenth Amendments require a state court to conduct an evidentiary hearing and allow discovery before granting summary judgme… | |
| 23A822 | Dennis O'Connor v. Rachel Eubanks, et al. | Sixth Circuit | 2024-03-06 | Presumed Complete | fifth-amendment fourteenth-amendment just-compensation pre-deprivation-process property-rights unclaimed-property | Whether the Fifth and Fourteenth Amendments require state governments to compensate property owners for interest earned on unclaimed funds held by the… | |
| 23-6898 | Jose G. Castillo v. Jean Harper, et al. | Ninth Circuit | 2024-03-05 | Denied | IFP | due-process fifth-amendment jurisdiction land-use-regulation legal-document petition property-rights regulatory-takings scotus takings-clause writ-of-certiorari | Whether the Sixth Circuit erred in holding that the Takings Clause of the Fifth Amendment does not prohibit the government from requiring a property o… |
| 23A805 | Merrick B. Garland, Attorney General, et al. v. Valancourt Books, LLC | District of Columbia | 2024-03-01 | Presumed Complete | copyright-deposit copyright-protection fifth-amendment government-taking just-compensation library-of-congress | Whether the mandatory deposit requirement for copyrighted works constitutes an unconstitutional taking of private property under the Fifth Amendment's… | |
| 23-6866 | Cesar Abreu v. United States | Second Circuit | 2024-02-29 | Denied | Response WaivedIFP | criminal-procedure due-process evidence-admissibility federal-rule-of-evidence-404b federal-rules-of-evidence fifth-amendment narcotics narcotics-distribution prior-conviction prior-convictions search-and-seizure | Whether the decision of the United States Court of Appeals for the Second Circuit, affirming Petitioner's conviction of narcotics distribution in the … |
| 23-6822 | Robert P. Brozenick v. Pennsylvania, et al. | Third Circuit | 2024-02-26 | Denied | Response WaivedIFP | brady-rule brady-violation deprivation-of-rights due-process fifth-amendment judicial-advocacy judicial-misconduct maleng-v-cook strickland-v-washington wrongful-conviction | Would this honorable court allow any caselaw that would irresponsibly assists in the wrongful conviction of any U.S.Citizen convicted by Judicial advo… |
| 23-6823 | Troy Raynard Alexander v. United States | Fourth Circuit | 2024-02-26 | Denied | Response WaivedRelisted (2)IFP | certificate-of-appealability constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea rehaif-standard rehaif-v-united-states sixth-amendment | Whether the lower court abused their discretion by denying a COA |
| 23-6814 | Martin Akerman v. Court of Appeals of Virginia, et al. | Virginia | 2024-02-23 | Denied | IFP | appellate-review civil-procedure constitutional-rights court-records due-process fifth-amendment fourteenth-amendment judicial-mismanagement procedural-violations spoliation | Did the Arlington Circuit Court's handling of spoliation allegations and procedural violations, including denial of access to court records, violate t… |
| 23-6786 | Carl Ray McNeil, Jr. v. United States | Fourth Circuit | 2024-02-21 | GVR | Relisted (2)IFP | armed-career-criminal-act criminal-law criminal-procedure due-process fifth-amendment indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation | Whether the different-occasions element of the Armed Career Criminal Act must be charged in the indictment and either admitted as part of a guilty ple… |
| 23-902 | Richard Duncan v. City of Mentor, Ohio | Ohio | 2024-02-21 | Denied | administrative-exhaustion administrative-remedy civil-procedure concurrent-jurisdiction due-process fifth-amendment just-compensation mandamus-action property-taking state-court-procedure takings temporary-takings | Whether the Ohio Supreme Court's newly established exhaustion of administrative remedy and ruling that 'if the court of common pleas had reversed the … | |
| 23-6783 | Kevin F. Jackson v. Applied Materials Corporation, et al. | Ninth Circuit | 2024-02-20 | Denied | Response WaivedIFP | court-reporter due-process fifth-amendment fourteenth-amendment jameson-vs-desta mandatory-arbitration pro-se-plaintiff | Is a United States citizen considered to have received due process of law in a court ordered mandatory arbitration hearing if the Pro Se plaintiff is … |
| 23-6775 | Jesse Dean Redfearn v. William "Chris" Rankins, Warden | Tenth Circuit | 2024-02-16 | Denied | IFP | constitutional-law due-process fifth-amendment fourteenth-amendment habeas-corpus sixth-amendment | Did the United States District Court and Court of Appeals properly apply clearly established constitutional law, [Hemphill v. New York, 142 S.Ct. 681,… |
| 23A753 | United States v. Ideker Farms, Inc., et al. | Federal Circuit | 2024-02-15 | Presumed Complete | endangered-species fifth-amendment flood-control government-action missouri-river takings-clause | Whether the government's implementation of flood control and environmental protection measures constitutes a compensable taking under the Fifth Amendm… | |
| 23-6740 | George Willie Rios v. Arizona | Arizona | 2024-02-14 | Denied | Response WaivedIFP | 5th-amendment civil-rights counsel-presence criminal-procedure custodial-interrogation due-process fifth-amendment miranda-v-arizona miranda-warning right-to-counsel | Does Miranda require that a person subjected to custodial interrogation be informed of his right to invoke the presence of counsel during questioning? |
| 23-6742 | Alexander D. Pennington v. United States | Fifth Circuit | 2024-02-14 | Denied | Response WaivedIFP | 5th-amendment 5th-amendment-rights 5th-circuit criminal-investigation criminal-procedure custody fifth-amendment interrogation miranda-rights search-warrant | Is a suspect in a criminal investigation 'in custody' when he is ordered out of his residence by armed agents who broke down his door to execute a sea… |
| 23A720 | Jeremy Lee Sestak v. United States | Tenth Circuit | 2024-02-05 | Presumed Complete | constitutional-challenge double-jeopardy fifth-amendment modification-of-conditions sentencing supervised-release | Whether supervised release conditions that a defendant claims violate double jeopardy protections can be challenged under 18 U.S.C. § 3583(e)(2) witho… | |
| 23-6641 | Cedric A. Gray v. Wisconsin | Wisconsin | 2024-02-01 | Denied | Response WaivedIFP | constitutional constitutional-interpretation due-process fifth-amendment miranda-v-arizona miranda-warning prophylactic-procedures prophylactic-rule self-incrimination text-history-tradition | Should this Court overturn the prophylactic procedures announced in Miranda v. Arizona and return to an interpretation of the Fifth Amendment which is… |
| 23-6645 | Arthur Johnson v. United States | Fifth Circuit | 2024-02-01 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-6575 | Racardo Jackson v. Ken Clark, Warden | Ninth Circuit | 2024-01-25 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment impeachment miranda-warnings selective-silence self-incrimination | Whether a suspect's 'selective silence' after receiving Miranda warnings may be used by the state to establish guilt at trial |
| 23-6553 | Danjuan Antonio McBride v. Virginia | Virginia | 2024-01-24 | Denied | Response WaivedIFP | acquittal criminal-procedure directed-verdict double-jeopardy fifth-amendment retrial | Whether the Virginia Supreme Court erred in holding that the petitioner's Fifth Amendment right against double jeopardy was not violated |
| 23-6540 | Jennifer Agnes Lopez v. California, et al. | Ninth Circuit | 2024-01-23 | Denied | Response WaivedIFP | civil-rights constitutional-rights due-process equal-protection fair-trial fifth-amendment fourteenth-amendment government-immunity state-actors statute-of-limitations | Whether the State actors can deprive the individual of a fair treatment which violates the guarantees of the Fifth Fourteenth Amendment |
| 23-781 | Sammie Todd Moser v. Halifax County Board of Supervisors, et al. | Virginia | 2024-01-23 | Denied | Response Waived | appeals-limitation due-process eighth-amendment excessive-fines fifth-amendment forfeiture retirement-benefits | Whether the Eighth Amendment's Excessive Fines clause was violated in the forfeiture of Petitioner's vested retirement benefits |
| 23A671 | Carolyn J. Florimonte v. Borough of Dalton | Pennsylvania | 2024-01-22 | Presumed Complete | continuing-trespass fifth-amendment government-overreach property-rights regulatory-taking storm-water-disposal | Whether the government's repeated intentional flooding of private property constitutes a regulatory taking under the Fifth Amendment's Takings Clause … | |
| 23-6497 | Alex Marquez v. Tim Garrett, Warden, et al. | Ninth Circuit | 2024-01-17 | Denied | IFP | constitutional-rights criminal-procedure fifth-amendment habeas-corpus ineffective-assistance-of-counsel ineffective-counsel involuntary-confession miranda-warning ninth-circuit | Did the Ninth Circuit err when Alex Marquez made a substantial showing of the denial of a constitutional right as to an inadequate Miranda warning lea… |
| 23-6498 | Kevin Clayton v. United States | Eleventh Circuit | 2024-01-17 | Denied | Response WaivedIFP | conspiracy due-process fifth-amendment jury-instructions jury-trial murder racketeering racketeering-conspiracy sentencing sentencing-enhancement sixth-amendment | Whether the Due Process Clause of the Fifth Amendment, and the Jury Trial guarantees contained in the Sixth Amendment were violated |
| 23-6505 | Kheungkham Vongphakdy v. United States | Fourth Circuit | 2024-01-17 | Denied | Response WaivedIFP | constitutional-rights custodial-interrogation due-process fifth-amendment harmless-error miranda-rights self-incrimination | Whether a custodial interrogation without Miranda warnings violates the Fifth Amendment privilege against self-incrimination |
| 23-6459 | Alan Osterhoudt, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2024-01-11 | Denied | Response WaivedIFP | 28-usc-2253 5th-amendment certificate-of-appealability court-of-appeals criminal-procedure fifth-amendment law-enforcement-comment mistrial-motion self-incrimination | Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his Fifth Ame… |
| 23-6449 | Robert James Swint v. Dish Network, et al. | Tenth Circuit | 2024-01-10 | Denied | IFP | civil-procedure constitutional-law fifth-amendment jurisdiction standing takings-clause | Whether the Sixth Circuit erred in holding that the district court lacked jurisdiction to consider petitioners' claims under the Takings Clause of the… |
| 23-6425 | Christopher Daniel Taylor v. United States | Eighth Circuit | 2024-01-08 | Denied | Response WaivedRelisted (2)IFP | brady-v-maryland brady-waiver criminal-procedure criminal-proceedings direct-appeal due-process fifth-amendment plea-agreement sentencing sentencing-phase | whether-the-fifth-amendment's-due-process-clause-permits-courts-to-find-a-plea-agreement-waiver-that-is-silent-as-to-brady-v-maryland-constitutes-a-kn… |
| 23-6430 | Nicholas Dwayne Jones v. United States | Eighth Circuit | 2024-01-08 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process ex-parte fifth-amendment fourth-amendment search-warrant truthfulness | Does a defendant in a criminal proceeding still retain the right under the Fourth and Fourteenth Amendment to challenge the truthfulness of statements… |
| 23-6433 | Rico Lorodge Brown v. United States | Fourth Circuit | 2024-01-08 | GVR | Relisted (2)IFP | armed-career-criminal-act constitutional-amendment criminal-law criminal-procedure due-process fifth-amendment indictment jury-finding sentencing sixth-amendment statutory-interpretation statutory-penalty | Whether the different-occasions element of the Armed Career Criminal Act must be charged in the indictment and either admitted as part of a guilty ple… |
| 23-6437 | In Re Tony Weems | 2024-01-08 | Denied | Response WaivedIFP | fifth-amendment just-compensation private-property public-access regulatory-takings takings-clause | Whether the Takings Clause of the Fifth Amendment prohibits the government from requiring a property owner to provide public access to private propert… | |
| 23A628 | Gerald Ostipow, Individually and as Personal Representative of the Estate of Royetta L.. Ostipow v. William L. Federspiel | Sixth Circuit | 2024-01-08 | Presumed Complete | civil-forfeiture constitutional-rights fifth-amendment property-rights state-law takings-clause | Whether a county sheriff's office violates the Fifth Amendment's Takings Clause by refusing to return nonforfeited property or proceeds after a civil … | |
| 23-731 | Kyros Law P.C., et al. v. World Wrestling Entertainment, Inc., et al. | Second Circuit | 2024-01-05 | Denied | Response Waived | 5th-amendment attorney-sanctions civil-procedure due-process federal-rules-civil-procedure fifth-amendment inherent-judicial-power rules-enabling-act sanctions | What Due Process mandates under US Constitution Article III and Amendment V, Rules Enabling Act, Federal Rules of Civil Procedure and Inherent Judicia… |
| 23-6408 | Jade LaRoche v. United States | Eighth Circuit | 2024-01-03 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing sixth-amendment | Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments |
| 23A603 | Angela Germaine Spencer, By and Through Next Friend and Mother of A.S., a Minor v. The County of Harrison, Texas | Fifth Circuit | 2024-01-02 | Presumed Complete | constitutional-rights due-process fifth-amendment fourteenth-amendment individualized-assessment juvenile-shackling | Whether the Fifth and Fourteenth Amendments require an individualized assessment of need before shackling a juvenile defendant during pre-trial or non… | |
| 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 … |
| 23-673 | In Re Jeffrey Lance Hill, Sr. | 2023-12-21 | Denied | Response WaivedRelisted (2) | 5th-amendment civil-procedure federal-jurisdiction fifth-amendment property-rights res-judicata rooker-feldman rooker-feldman-doctrine standing takings takings-clause | Whether the Rooker-Feldman doctrine bars a federal court from considering a takings claim under the Fifth Amendment when the state court proceedings d… | |
| 23-6281 | Laquince T. Hogan v. Dexter Payne, Director, Arkansas Division of Correction | Arkansas | 2023-12-18 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus oral-amendment sixth-amendment uncharged-offense | Whether the Arkansas Supreme Court denied Mr. Hogan due process of law under the Fifth, Sixth and Fourteenth Amendments |
| 23-6298 | Chet Smith v. Cook County, Illinois | Seventh Circuit | 2023-12-18 | Denied | IFP | criminal-charges federal-rules-criminal-procedure federal-rules-of-criminal-procedure fifth-amendment government-non-compliance grand-jury oath-requirement panel-defendant procedural-due-process rule-3 void-complaint void-indictment | whether-the-return-of-an-indictment-without-a-vote-by-the-grand-jury-violates-the-fifth-amendment-guarantee-of-indictment-by-a-grand-jury |
| 23A559 | Colin Montague v. United States | Second Circuit | 2023-12-18 | Presumed Complete | continuing-criminal-enterprise criminal-statute fifth-amendment grand-jury indictment predicate-violations | Whether an indictment charging a Continuing Criminal Enterprise (CCE) offense must specify the predicate violations with sufficient factual detail to … | |
| 23-6267 | Jose Gonzalez, III v. Texas | Texas | 2023-12-15 | Denied | IFP | constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent right-to-counsel right-to-remain-silent sixth-amendment trial-procedure | Is McCoy v Louisiana a logical extension of Florida V Nixon when concession of Petitioner's guilt was never discussed prior to trial? |
| 23-6251 | Jonathan Rodriguez v. United States | Fifth Circuit | 2023-12-13 | Denied | Response WaivedIFP | acquitted-conduct confrontation-clause due-process fifth-amendment preponderance-of-evidence sentencing sentencing-standard sixth-amendment suppression-motion | Whether the use of a preponderance of the evidence standard at sentencing violated Rodriguez's Fifth Amendment and Sixth Amendment rights? |
| 23-6238 | William Jarvis v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2023-12-12 | Denied | IFP | confrontation confrontation-clause due-process effective-counsel equal-protection fifth-amendment self-incrimination sixth-amendment third-party-guilt | Whether the Fifth Amendment right to be free from the compulsion to make self-incriminating statements includes the right to not be required to provid… |
| 23-6221 | Gustavo Carrillo-Lopez v. United States | Ninth Circuit | 2023-12-11 | Denied | Response WaivedIFP | constitutional-law criminal-law due-process equal-protection fifth-amendment immigration legislative-intent mass-incarceration race-discrimination racial-discrimination statutory-interpretation | Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment |
| 23A524 | 835 Hinesburg Road, LLC v. City of South Burlington, Vermont, et al. | Second Circuit | 2023-12-11 | Presumed Complete | as-applied-claim fifth-amendment fourteenth-amendment land-use regulatory-takings ripeness | Whether a government's land use decision constitutes a final decision sufficient to render an as-applied regulatory takings claim ripe for federal cou… | |
| 23-6204 | Angel Anthony Sanchez v. California | California | 2023-12-08 | Denied | IFP | constitutional-rights due-process effective-assistance-of-counsel evidence-code fair-trial fifth-amendment fourteenth-amendment prior-acts-instructions sixth-amendment trial-procedure | whether-petitioner-was-denied-his-fifth-sixth-and-fourteenth-amendment-rights-to-due-process-and-fair-trial |
| 23-622 | Dale Thrush v. United States | Sixth Circuit | 2023-12-08 | Denied | Response Waived | arizona-v-washington circuit-split constitutional-review double-jeopardy fifth-amendment manifest-necessity mistrial-standard prosecution-evidence standard-of-review trial-court-discretion | Whether the trial court's declaration of a mistrial was supported by manifest necessity |
| 23-6181 | Deryke Matthew Pfeifer v. United States | Eleventh Circuit | 2023-12-06 | Denied | Response WaivedIFP | appellate-review civil-procedure constitutional-provisions due-process fifth-amendment jurisdiction jurisdictional-issue legal-standard procedural-question property-rights statutory-provisions takings | Whether the U.S. Government violated the Takings Clause of the Fifth Amendment by failing to compensate the petitioner for the taking of their propert… |
| 23-6186 | Guillermo Borboa, aka Omar Gabriel Borboa v. United States | Eighth Circuit | 2023-12-06 | Denied | Response WaivedIFP | 28-usc-2255 abuse-of-power appellate-review civil-procedure civil-rights due-process fifth-amendment judicial-discretion standing subject-matter-jurisdiction | Was the District Court and the Eighth Circuit Court of Appeals in error in dismissing a MOTION FOR IMMEDIATE RELEASE DUE TO COURTS LACK OF SUBJECT-MAT… |
| 23-6074 | Sylvester Onyejiaka, Jr. v. Missouri | Missouri | 2023-11-22 | Denied | Response WaivedIFP | controlled-substance criminal-law double-jeopardy fifth-amendment missouri-opinion possession-of-controlled-substance sentencing unlawful-use-of-weapon weapon-possession | Whether a defendant's Fifth Amendment right against double jeopardy is violated when convictions and sentences are entered for unlawful use of a weapo… |
| 23-6088 | Alpheus Elite Hamilton v. Arizona | Arizona | 2023-11-22 | Denied | IFP | 14th-amendment 5th-amendment constitutional-violation criminal-procedure due-process false-evidence fifth-amendment fourteenth-amendment miller-v-pate prosecutorial-misconduct | Did the State of Arizona violate the Due Process Clause when its prosecutor presented knowing use of false evidence to the jury as in Miller v. Pate, … |
| 23-6068 | Jermaine Deshan West v. United States | Fifth Circuit | 2023-11-21 | Denied | Response WaivedIFP | 5th-amendment courts-of-appeals due-process empirical-evidence equal-protection fifth-amendment methamphetamine sentencing-disparities sentencing-guidelines | Whether the U.S. Sentencing Commission abdicated its duties under 28 U.S.C. $994(2)(1)(B) when determining the appropriate amount of imprisonment Cour… |
| 23-544 | Teresa Marie Gaffney v. The Florida Bar | Florida | 2023-11-21 | Denied | Response Waived | 14th-amendment 5th-amendment bar-license due-process fifth-amendment fourteenth-amendment homestead-property impartial-tribunal notice opportunity-to-be-heard sexual-harassment | Whether it is a denial of due process, (1) notice; (2) an opportunity to be heard; and (3) an impartial tribunal, to not allow the Petitioner to condu… |
| 23-6061 | George Oscar Messer v. United States | Sixth Circuit | 2023-11-20 | Denied | Response WaivedIFP | due-process federal-kidnapping federal-kidnapping-statute fifth-amendment interstate-commerce intrastate-crime statutory-interpretation vagueness void-for-vagueness | Whether the residual clause of 'or otherwise' of the federal kidnapping statute, 18 U.S.C. § 1201, is void for vagueness under the due process clause … |
| 23-6063 | Kieffer Michael Simmons v. United States | Eighth Circuit | 2023-11-20 | Denied | Response WaivedIFP | 5th-amendment circuit-split civil-rights criminal-procedure due-process exculpatory-evidence fifth-amendment judicial-immunity subpoena witness witness-subpoena | Whether Simmons should have been entitled to judicial immunity for his subpoenaed witness |
| 23-6038 | Lakeith Lynn Washington v. United States | Fifth Circuit | 2023-11-17 | GVR | Relisted (2)IFP | alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-rights criminal-procedure fifth-amendment jury-beyond-reasonable-doubt minimum-and-maximum-sentences prior-convictions sentencing-enhancement sixth-amendment | Do the Fifth and Sixth Amendments require facts to prove prior convictions for ACCA sentencing be alleged in indictment and proven to jury? |
| 23-516 | Michael D. Smith v. Derek Gordon, et al. | Kentucky | 2023-11-16 | Denied | Response Waived | civil-procedure civil-rights constitutional-violation due-process fifth-amendment immunity legal-immunity legal-malpractice prisoner-rights standing | Will this court let stand as Kentucky courts have ruled that lawyers in a criminal case have the same immunity as judges and prosecutors and cannot be… |
| 23-6013 | Calvin Cogdill v. United States | Sixth Circuit | 2023-11-15 | GVR | Relisted (2)IFP | armed-career-criminal-act constitutional-procedure criminal-sentencing fifth-amendment indictment jury reasonable-doubt sixth-amendment statutory-interpretation | Whether the Armed Career Criminal Act's 'occasions different' fact must be charged in the indictment and proven to a jury beyond a reasonable doubt |
| 23-6004 | Reginald C. Scott v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. | Third Circuit | 2023-11-14 | Denied | IFP | constitutional-prohibition criminal-law double-jeopardy due-process fifth-amendment lesser-included-offense pennsylvania-law same-offense statutory-interpretation | Whether Robbery and Second Degree Murder constitute the 'same offense' under the Double Jeopardy Clause |
| 23-5991 | Samuel T. Whatley v. Richland County Family Court, Columbia, South Carolina, et al. | Fourth Circuit | 2023-11-09 | Denied | IFP | civil-rights constitutional-rights due-process family-court fifth-amendment governmental-immunity immunity judicial-misconduct obstruction-of-justice standing | Does the Constitution allow judicial misconduct and obstruction of justice? |
| 23-490 | Enrique Jevons, as a Managing Member of Jevons Properties LLC, et al. v. Jay Inslee, Governor of Washington, et al. | Ninth Circuit | 2023-11-08 | Denied | Amici (2)Response Waived | covid-19 declaratory-judgment eviction-moratoria fifth-amendment just-compensation regulatory-taking standing takings-clause | Whether the Ninth Circuit erred in dismissing a challenge to Washington State's COVID-19 eviction moratoria as moot |
| 23-5938 | Loren J. Larson, Jr. v. Alaska | Alaska | 2023-11-02 | Denied | Response WaivedIFP | criminal-procedure criminal-trial due-process fair-trial fifth-amendment juror-testimony sixth-amendment structural-error | Does the Sixth Amendment guarantee to a 'fair trial' implicitly require that the trial be free of structural error? |
| 23-5926 | Jahvaris Lamoun Springfield v. United States | Ninth Circuit | 2023-10-31 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process fair-trial fifth-amendment jury-misconduct no-impeachment-rule sixth-amendment | Whether there is a constitutional exception to the no-impeachment rule codified in Federal Rule of Evidence 606(b) for instances where there is eviden… |
| 23-5910 | Stuart Alexander Dameri v. United States | Fourth Circuit | 2023-10-30 | Denied | Response WaivedRelisted (2)IFP | appeals civil-procedure due-process fifth-amendment fraud judicial-review rule-4-motion standing subject-matter-jurisdiction | Whether the Fifth Amendment's protection of 'Due Process was violated |
| 23-5899 | Rande Brian Isabella v. United States | Tenth Circuit | 2023-10-27 | Denied | Response WaivedRelisted (2)IFP | certificate-of-appealability constitutional-error double-jeopardy fifth-amendment lesser-included-offense manifest-constitutional-error sanabria-rule sanabria-v-united-states trial-termination | Whether the district court violated the defendant's Fifth Amendment double jeopardy rights by placing him back in jeopardy under a lesser-included 'at… |
| 23-5894 | Myron Lee Brandon v. United States | Eighth Circuit | 2023-10-26 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment 6th-amendment consent criminal-procedure due-process evidence evidence-exclusion fifth-amendment jury-instructions sixth-amendment transportation-of-minors | Exclusion of evidence on prostitution and lying by alleged victim |
| 23-435 | Minor Lee McNeil v. Sarah Huckabee Sanders, Governor of Arkansas, et al. | Eighth Circuit | 2023-10-26 | Denied | Response WaivedRelisted (2) | 5th-amendment apportionment bill-of-attainder constitutional-apportionment direct-tax direct-taxation due-process fifth-amendment legislative-powers property-rights | Whether a State can lay a direct tax that is vested in Congress, or operates differently from the apportioned direct tax defined in the Constitution? |
| 23A367 | Joseph Randolph Mays v. T.B. Smith, Warden, et al. | Fourth Circuit | 2023-10-24 | Presumed Complete | bivens-remedy circuit-split due-process fifth-amendment prison-officials race-discrimination | Whether a Bivens remedy is available for an inmate's Fifth Amendment claims alleging race-based discrimination and procedural due process violations b… | |
| 23-5807 | Fares Mustafa v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2023-10-18 | Denied | Response WaivedIFP | appellate-review constitutional-rights due-process fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington witness-translation | Whether the State Court's ruling on Petitioner's claim that Trial Counsel was ineffective for failing to move to suppress Petitioner's inculpatory sta… |
| 23-403 | Emma Serna, et al. v. William Cooksey, et al. | Tenth Circuit | 2023-10-18 | Denied | Response Waived | appellate-jurisdiction civil-procedure civil-rights constitutional-rights due-process fifth-amendment foreclosure foreclosure-proceeding standing void-judgment | Whether an appellate court has jurisdiction to vacate a 'void judgment' under the Fifth Amendment, and whether a wrongful foreclosure judgment should … |
| 23-5811 | Valery LaTouche v. Harold D. Graham, Superintendent, Auburn Correctional Facility | Second Circuit | 2023-10-17 | Denied | IFP | due-process fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60(b) rule-60b self-incrimination | whether-new-york-cpl-440.10(2)(c)-statutes-being-amended |
| 23-5827 | Keiron K. Sneed v. Illinois | Illinois | 2023-10-17 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | contents-of-mind digital-privacy fifth-amendment fisher-v-united-states foregone-conclusion passcode passcode-compulsion search-warrant self-incrimination | Can the foregone conclusion rationale be used to compel an individual to enter a passcode into a personally held cellular phone? |
| 23-5791 | John Sherman Jumper v. United States | Third Circuit | 2023-10-16 | Denied | Response WaivedIFP | criminal-sentencing disgorgement double-jeopardy fifth-amendment kokesh-precedent kokesh-v-sec sentencing-enhancement | Whether the prior disgorgement punishment precludes a criminal sentence or sentencing enhancement based on the same misconduct under the Double Jeopar… |
| 23-5801 | Jeffery Ducote v. Tim Hooper, Warden | Fifth Circuit | 2023-10-16 | Denied | Response WaivedRelisted (2)IFP | 14th-amendment 5th-amendment 6th-amendment constitutional-rights due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel right-to-testify sixth-amendment | Whether Mr. Ducote's 5th, 6th, and 14th Amendment rights were violated when his right to testify was taken from him |
| 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 | |
| 23-5770 | Victor M. Barahona v. Matthew J. Platkin, Attorney General of New Jersey, et al. | Third Circuit | 2023-10-12 | Denied | IFP | criminal-procedure due-process fifth-amendment ineffective-assistance involuntary-confession miranda-warning police-interrogation self-incrimination | When Detective Lopez told Petitioner that his statement could be used in his favor, did Detective Lopez subverted the Miranda warning, thus, rendered … |
| 23-5778 | Larry David Davis v. Dexter Payne, Director, Arkansas Division of Correction | Eighth Circuit | 2023-10-12 | Denied | Response WaivedIFP | administrative-procedure civil-rights due-process equal-protection fifth-amendment interrogation-tactics law-enforcement self-incrimination standing takings voluntary-confession | Whether the court erred in dismissing the petitioner's claims |
| 23-5760 | Mattie T. Lomax v. United States | Federal Circuit | 2023-10-11 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof constitutional-rights criminal-investigation criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial legal-definition seventh-amendment | Whether the State violated the Due Process clause where without a jury trial incorrect legal definition of 'knowingly' relieved the state of its requi… |
| 23-349 | Donald Esslinger, et ux. v. Shawn Bass, et ux. | Idaho | 2023-10-03 | Denied | Response WaivedRelisted (2) | 5th-amendment citizen-citation civil-procedure civil-rights continuance criminal-procedure due-process fifth-amendment parallel-proceedings self-incrimination summary-judgment | Whether the 5th Amendment right to remain silent prevails over procedural considerations in a civil case when criminal charges are pending in a parall… |
| 23-352 | Christopher A. Rogalski v. Laureate Education, Inc. | Third Circuit | 2023-10-03 | Denied | Relisted (3) | 12(b)(6) appellate-jurisdiction civil-procedure collateral-order-doctrine diversity-jurisdiction due-process federal-rules-of-civil-procedure fifth-amendment forum-non-conveniens forum-selection forum-selection-clause standing | Must the result of a motion to dismiss based upon a claimed forum selection clause under F.R.C.P. 12(b)(6) be considered the same as a dismissal for f… |
| 23-5708 | In Re Michael Stansell | 2023-10-03 | Denied | IFP | constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment equal-protection fifth-amendment life-sentence void-sentence | Whether the infliction of a life sentence upon a prisoner where the life tail is not applicable to his offense of conviction constitutes cruel and unu… | |
| 23-5686 | David Calhoun v. United States | Third Circuit | 2023-10-02 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment civil-rights counsel-of-choice due-process fifth-amendment government-misconduct harmless-error kotteakos-v-united-states procedural-default sixth-amendment | Whether the district court's resolution of the petitioner's Fifth Amendment due process claim was correct, given the government's multiple breaches of… |
| 23-5692 | Jose Ramon Andino-Morales v. United States | First Circuit | 2023-10-02 | Denied | Response WaivedIFP | 6th-amendment acquitted-conduct criminal-procedure due-process fifth-amendment jury-trial jury-trial-right sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23A283 | James T. Cunningham v. United States | Armed Forces | 2023-10-02 | Presumed Complete | courts-martial Fifth-Amendment service-members Sixth-Amendment UCMJ unanimous-verdict | Whether service members accused of crimes are entitled to a unanimous verdict requirement under the Fifth and Sixth Amendments as applied to courts-ma… | |
| 23A271 | Atif Ahmad Rafay v. Eric Jackson | Ninth Circuit | 2023-09-27 | Presumed Complete | AEDPA coerced-confession fifth-amendment fourteenth-amendment involuntary-statements undercover-police-techniques | Whether a state court violates the Antiterrorism and Effective Death Penalty Act by applying a legal standard different from that required by the Fift… | |
| 23-5661 | Arnaldo Martinez v. Florida | Florida | 2023-09-27 | Denied | Relisted (2)IFP | civil-rights constitutional-rights due-process fifth-amendment fourteenth-amendment mis-charging prosecutorial-misconduct standing | Did the Respondent, State of Florida, deny the petitioner of his Fifth and Fourteenth Amendment right to Due Process |
| 23-5642 | Tracy Jones, aka Tracy Wilcox v. United States | Eighth Circuit | 2023-09-22 | Denied | Response WaivedIFP | constitutional-law criminal-procedure dismissal due-process fifth-amendment miranda-rights missouri-v-seibert presentment | Whether a 37-day delay in presentment requires dismissal under the Due Process Clause of the Fifth Amendment? |
| 23A257 | In Re Gregory Mercer | 2023-09-21 | Presumed Complete | appellate-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment separate-sovereigns | Whether a state appellate court violates the Fifth and Fourteenth Amendments by dismissing federal constitutional claims on procedural grounds without… | ||
| 23A258 | Tracy Nixon v. General Motors Corporation | Fifth Circuit | 2023-09-21 | Presumed Complete | due-process-clause fifth-amendment long-arm-statute personal-jurisdiction registered-agent service-of-process | Whether a federal district court properly exercised personal jurisdiction over an out-of-state defendant corporation where service of process was atte… | |
| 23-5609 | Eric G. Banks, Sr. v. Anthony Brown, Attorney General of Maryland, et al. | Fourth Circuit | 2023-09-19 | Denied | Response WaivedIFP | 5th-amendment court-error due-process eighth-amendment fifth-amendment fourteenth-amendment ineffective-counsel liberty prosecution-misconduct sixth-amendment | Did the U.S. District Court violate the Petitioners 5th Amendment Constitutional Right |
| 23-5606 | Samuel Valencia v. United States | Fifth Circuit | 2023-09-18 | GVR | Relisted (3)IFP | alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-interpretation fifth-amendment indictment jury-trial prior-convictions sentencing-enhancement sixth-amendment | Do the Fifth and Sixth Amendments require facts to prove a defendant's prior convictions were for offenses committed on 'occasions different from one … |
| 23-255 | Cooper D. Johnson v. Malia M. Cohen, Individually and in Her Official Capacity as State Controller of California, et al. | California | 2023-09-15 | Denied | Relisted (2) | civil-procedure civil-rights constitutional-law due-process fifth-amendment fourteenth-amendment property-rights takings takings-clause unclaimed-property | Whether the Controller's actions under the California Unclaimed Property Law violate the Due Process Clause and Takings Clause |
| 23-5597 | Rodolfo Alvarez Medrano v. Texas | Texas | 2023-09-15 | Denied | Relisted (11)IFP | 14th-amendment 5th-amendment civil-rights confession-coercion custodial-interrogation due-process fifth-amendment fourteenth-amendment interrogation miranda-rights miranda-v-arizona state-court-review | Whether the introduction of Petitioner's statement violated his Fifth and Fourteenth Amendment rights under Miranda v. Arizona |
| 23-5583 | Fernando Lopez v. United States | Fifth Circuit | 2023-09-14 | Denied | Response WaivedIFP | crime-of-violence double-counting felon-in-possession fifth-amendment preponderance-of-the-evidence preponderance-standard relevant-conduct sentencing sixth-amendment | Whether alleged possession of a different gun 17 months after Mr. Lopez's charged felon-in-possession offense constituted relevant-conduct |
| 23-241 | Joe Salazar v. AT&T Mobility LLC, et al. | Federal Circuit | 2023-09-13 | Denied | claim-construction due-process fifth-amendment investment-backed-expectations judicial-taking patent patent-rights property-rights takings takings-clause | Does the Federal Circuit Panel's unforeseeable and unjustifiable construction of the petitioner's patent claim, disrupting the petitioner's legitimate… | |
| 23-231 | Linda A. Porter v. Kennard Law PC, dba Kennard Richard PC, et al. | Texas | 2023-09-12 | Denied | appeal appellate-procedure civil-procedure civil-rights constitutional-rights due-process fifth-amendment fourteenth-amendment pro-se pro-se-litigant standing | Whether the appellate court violated Porter's Fifth and Fourteenth Amendment Constitutional Rights | |
| 23A225 | Jeremie Saintvil v. United States | Eleventh Circuit | 2023-09-08 | Presumed Complete | bank-fraud-statute duplicitous-indictment fifth-amendment sixth-amendment surplusage venue-rights | Whether a duplicitous indictment charging two distinct bank fraud subsections conjunctively as a single offense violates the Fifth and Sixth Amendment… | |
| 23-5540 | Michael Rinaldi v. United States | Third Circuit | 2023-09-07 | Denied | Response WaivedIFP | 6th-amendment acquitted-conduct criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial ratio-decidendi sentencing sixth-amendment | Whether the use of acquitted conduct sentencing violates the Due Process Clause and the Sixth Amendment right to a jury trial |
| 23-5524 | Michael Jones, Jason Reed, and Shaun Myers v. United States | Seventh Circuit | 2023-09-06 | Denied | Response WaivedIFP | burden-of-proof daubert daubert-standard dual-role-testimony due-process evidence expert-witness fifth-amendment standard-of-review | Whether the Seventh Circuit applied the wrong standard of review and erroneously shifted the burden of proof by failing to review the Daubert error de… |
| 23-5526 | Adelfo Rodriguez-Mendez v. United States | Third Circuit | 2023-09-06 | Denied | Response WaivedIFP | alleyne-standard constitutional-violation criminal-procedure drug-attribution evidence fifth-amendment fourteenth-amendment fourth-amendment post-conviction-sentencing sentencing sixth-amendment | Whether attributing drugs post-conviction in an amount greater than what is charged in an indictment and greater than what the jury found is in violat… |
| 23-5517 | Kamar Laquan Cox v. United States | Sixth Circuit | 2023-09-05 | Denied | Response WaivedIFP | acquittal criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-5484 | Dion Ray Wheeler v. United States | Fifth Circuit | 2023-08-30 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-188 | Robert Dayon Dumas v. United States | Eleventh Circuit | 2023-08-29 | Denied | Response Waived | credibility fifth-amendment fourth-amendment miranda-rights probable-cause search-and-seizure vehicle-search warrantless-search | Did the district court err in finding no Fourth or Fifth Amendment violation based upon the court's credibility determination on Deputy Denbo? |
| 23-190 | Probir K. Bondyopadhyay v. United States | Federal Circuit | 2023-08-29 | Denied | Response WaivedRelisted (3) | civil-rights due-process fifth-amendment government-liability jurisdictional-conflict patent patent-claim perjury sovereign-immunity statutory-interpretation takings | Can the USCFC dismiss a Fifth Amendment property claim arising from the admitted unauthorized use of a patented U.S. invention by the U.S.A.? |
| 23-5446 | Elizabeth Richert v. Kathleen White Murphy, et al. | Seventh Circuit | 2023-08-25 | Denied | Relisted (2)IFP | 14th-amendment 5th-amendment due-process equal-protection fifth-amendment fourteenth-amendment judicial-proceedings property-rights takings takings-clause | Whether the District Court's April 21, 2022 post-trial order amount to an unconstitutional taking without due process, equal protection, and just comp… |
| 23-5449 | Antonio Rojas v. United States | Fifth Circuit | 2023-08-25 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-5453 | Pedro Ramirez-Urbina v. United States | Fifth Circuit | 2023-08-25 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment alien-smuggling burden-of-proof causation causation-standard criminal-procedure due-process fifth-amendment sentence-enhancement sixth-amendment | Whether the Fifth or Sixth Amendments prohibit conduct for which Ramirez was acquitted from being used to enhance his sentence for alien-smuggling |
| 23-5434 | Lamar Victor Moncrieffe v. United States | Eleventh Circuit | 2023-08-24 | Denied | Response WaivedIFP | acquitted-conduct double-jeopardy fifth-amendment jury-determination jury-trial sentencing-enhancement sixth-amendment | Whether a district court violates a defendant's Fifth Amendment and Sixth Amendment rights by basing a substantial four-level sentencing enhancement o… |
| 23A164 | Jesus Arley Munera-Gomez v. United States | First Circuit | 2023-08-23 | Presumed Complete | compulsory-process entrapment-defense fifth-amendment prosecutorial-discretion sixth-amendment use-immunity | Whether the Fifth Amendment and Sixth Amendment right to compulsory process require the government to grant use immunity to a defense witness whose ex… | |
| 23A157 | Keiron K. Sneed v. Illinois | Illinois | 2023-08-21 | Presumed Complete | compelled-entry digital-device fifth-amendment foregone-conclusion-doctrine passcode self-incrimination | Whether the Fifth Amendment's protection against self-incrimination and the foregone conclusion doctrine prohibit the government from compelling a sus… | |
| 23-5394 | In Re Justin Lewis | 2023-08-18 | Denied | IFP | appellate-jurisdiction civil-rights constitutional-law criminal-procedure double-jeopardy due-process eighth-amendment federal-court fifth-amendment fourteenth-amendment judicial-review legal-procedure | Whether the denial of a defendant's motion to dismiss on double jeopardy grounds constitutes a constitutional violation | |
| 23-5348 | Julian Breal v. United States | Eleventh Circuit | 2023-08-14 | Denied | Response WaivedIFP | davis-ruling due-process fifth-amendment motion-to-vacate procedural-default section-2255 united-states-v-davis vagueness vagueness-challenge | Whether the Petitioner was denied his due process Fifth Amendment right due to being procedurally defaulted from presenting his vagueness challenge |
| 23-5346 | Marcrease Delance Farmer v. United States | Eighth Circuit | 2023-08-11 | Denied | Response WaivedRelisted (2)IFP | constitutional-violation counsel-of-record due-process fifth-amendment juror-challenge racial-bias racial-identity sixth-amendment voir-dire | Is it a constitutional Fifth and Sixth Amendment violation when during voir dire and motivated by a single juror's racial identity, Counsel of Record … |
| 23-118 | Ashton R. O'Dwyer, Jr. v. Ron Carter, et al. | Fifth Circuit | 2023-08-08 | Denied | civil-rights due-process fifth-amendment first-amendment free-speech judicial-misconduct judicial-recusal recusal sanctions standing | Whether the failure of Federal District Judge Carl J. Barbier to recuse himself prior to his summary dismissal of an underlying civil diversity action… | |
| 23-5291 | Andrew J. Johnston v. United States | Seventh Circuit | 2023-08-04 | Denied | Response WaivedIFP | civil-procedure due-process eminent-domain fifth-amendment property-rights takings | Whether the government's seizure of private property without just compensation violates the Takings Clause of the Fifth Amendment |
| 23-5270 | Justin Lewis v. United States | Eleventh Circuit | 2023-08-03 | Denied | Response WaivedIFP | appellate-jurisdiction constitutional-violation criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment good-faith-appeal motion-to-dismiss | Whether a court can verbally deny a motion to dismiss on Double Jeopardy grounds without a full record |
| 23-5275 | Ambrosio Nolasco-Ariza v. United States | Fifth Circuit | 2023-08-03 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-law discriminatory-purpose disparate-impact due-process equal-protection fifth-amendment immigration-and-nationality-act immigration-law racial-discrimination statutory-interpretation undesirable-aliens-act | Does 8 U.S.C. § 1326 violate the equal-protection guarantee of the Fifth-Amendment? |
| 23A98 | Matthew Haney v. Town of Mashpee, Massachusetts, et al. | First Circuit | 2023-08-02 | Presumed Complete | fifth-amendment final-decision regulatory-takings ripeness-doctrine variance-request zoning-board | Whether a property owner's as-applied regulatory takings claim is ripe for federal court review when a local zoning board has not issued a final decis… | |
| 23-91 | Nolan Marcus Forness, II v. Virginia | Virginia | 2023-08-01 | Denied | Response Waived | body-cameras compulsory-process confrontation-clause due-process evidence-preservation fifth-amendment fourteenth-amendment sixth-amendment | Defendant's right to access law enforcement recordings |
| 23-5247 | In Re David Jackson | 2023-07-31 | Dismissed | IFP | and post-conviction proceedings trial 14th-amendment 4th-amendment arrest-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel post-conviction-relief probable-cause retaliation search-and-seizure self-incrimination trial-procedure | Whether the warrantless search and seizure of February 14, 1991 violated the 4th and 14th Amendment rights | |
| 23-5240 | Alden Brent Cooper v. United States | Fifth Circuit | 2023-07-28 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-conduct criminal-procedure due-process fifth-amendment presentence-investigation presentence-investigation-report sentencing sentencing-guidelines | Does denial of credit for alleged criminal conduct the defendant refuses to admit and denies in good faith he committed violate the Due Process Clause… |
| 23-5162 | DeMario B. Griffin v. United States | Eighth Circuit | 2023-07-21 | Denied | Response WaivedIFP | circuit-court criminal-procedure direct-appeal due-process fifth-amendment jurisdiction mandate-recall right-to-counsel sixth-amendment | Does Griffin have a right to counsel on his first direct appeal under the Fifth Amendment? |
| 23-5125 | Justin Lewis v. United States | Eleventh Circuit | 2023-07-18 | Denied | Response WaivedIFP | appellate-review constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus ineffective-assistance jurisdiction sixth-amendment | Whether the Double Jeopardy Clause prohibits the government from prosecuting a defendant for the same offense after a court has previously denied the … |
| 23-5106 | John B. Freitas v. Superior Court of California, Alameda County, et al. | California | 2023-07-14 | Denied | IFP | constitutional-protection due-process equity equity-theft fifth-amendment government-action homeowner-rights just-compensation property-rights takings-clause | Whether the Takings Clause of the Fifth Amendment requires just compensation when the government improperly denies a homeowner the ability to use thei… |
| 23-5090 | Travis J. Brown v. California | California | 2023-07-13 | Denied | Response RequestedRelisted (3)IFP | acquittal appellate-jurisdiction constitutional-protections criminal-procedure double-jeopardy due-process fifth-amendment judicial-review mistrial procedural-error | Whether principles of double jeopardy protect a defendant from successive prosecutions of inconsistent verdicts contrary to Powell's analysis |
| 23-5074 | Juan Carlos Valles, Jr. v. United States | Eleventh Circuit | 2023-07-12 | Denied | Response WaivedIFP | bureau-of-prisons federal-prosecution fifth-amendment fourteenth-amendment selective-enforcement selective-prosecution statutory-obligations | Is the Federal Bureau of Prisons a statutory corporation governed by federal laws, and are federal prosecutors obligated to prosecute all federal inma… |
| 23-5081 | Ronnie R. Lovell v. United States | Sixth Circuit | 2023-07-12 | Denied | Response WaivedIFP | armed-career-criminal-act burden-of-proof criminal-procedure fifth-amendment jury-trial preponderance-of-evidence sentencing-enhancement sixth-amendment | Can a district court judge determine that an individual's prior offenses occurred 'on occasions different,' as required by the Armed Career Criminal A… |
| 23-5085 | Andre Rene Williams v. United States | Fifth Circuit | 2023-07-12 | Denied | Response WaivedIFP | acca constitutional-rights due-process fifth-amendment jury-trial non-elemental-facts preponderance-standard sentencing sentencing-enhancement sixth-amendment sixth-amendment-jury-trial | Whether the Constitution permits a sentencing judge to find non-elemental facts by a preponderance of the evidence and then rely on those facts to imp… |
| 23-5061 | Jared Thomas Cardwell v. Arizona | Arizona | 2023-07-10 | Denied | Response WaivedIFP | civilian-prosecution fifth-amendment joint-investigation military-justice miranda-v-arizona miranda-warnings self-incrimination ucmj-art-31(b) ucmj-art-31b | Whether active duty service members interrogated during a joint military/civilian investigation should be given the comprehensive military protections… |
| 23-5031 | Marc Anthony Hill v. United States | Fifth Circuit | 2023-07-05 | Denied | Response WaivedRelisted (2)IFP | advance-knowledge apprendi-precedent circuit-court-interpretation criminal-procedure due-process essential-elements fifth-amendment four-corner-rule jury-findings sentencing statutory-interpretation supreme-court | Is Apprendi v. New Jersey still good law? |
| 23-5042 | Daniel Robinson v. United States | Third Circuit | 2023-07-05 | Denied | Response WaivedIFP | conspiracy constructive-amendment criminal-procedure due-process federal-rule-of-evidence fifth-amendment grand-jury law-enforcement-testimony opinion-evidence prosecutorial-overreach | Whether this Court's guidance on constructive amendments in conspiracy cases is necessary to protect criminal defendants' Fifth Amendment rights |
| 23-1 | Eric Clopper v. President & Fellows of Harvard College, et al. | First Circuit | 2023-06-30 | Denied | Amici (1)Response Waived | amendment-right civil-procedure due-process federal-rules-of-civil-procedure fifth-amendment procedural-due-process rule-12(b) rule-12b rule-15 rule-15(a) | Did the District Court, the First Circuit Panel and the en banc Panel violate the procedural due process guaranteed by the Fifth Amendment to the U.S.… |
| 22-7906 | Lamar McDonald v. United States | Fifth Circuit | 2023-06-29 | Denied | Response WaivedIFP | apprendi-standard criminal-procedure due-process fifth-amendment sentencing sixth-amendment statutory-interpretation sufficiency-of-evidence void-for-vagueness | Is Apprendi v. New Jersey Still Good Caselaw? |
| 22-7880 | Maylesha S. Lewis v. Nebraska | Nebraska | 2023-06-27 | Denied | Response WaivedIFP | blockburger blockburger-test criminal-prosecution diaz-exception diaz-v-united-states double-jeopardy driving-under-the-influence fifth-amendment motor-vehicle-homicide | Is Diaz v. United States an exception to the double jeopardy rule announced in Blockburger v. United States? |
| 22-7826 | Ronell Watson v. United States | Second Circuit | 2023-06-21 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment attempted-murder constitutional-rights fifth-amendment jury-instructions premeditation sentencing-guidelines sixth-amendment statutory-maximum | Is premeditation an element of attempted murder under the federal system? |
| 22-7834 | Marshall Henry Ellis v. Oklahoma | Oklahoma | 2023-06-21 | Denied | IFP | 14th-amendment 6th-amendment constitutional-rights discovery due-process evidentiary-hearings fifth-amendment fourteenth-amendment prejudicial-hearsay sixth-amendment supremacy-clause | Has the State of Oklahoma denied my rights under the Fifth, Sixth and Fourteenth Amendments? |
| 22-7775 | David Elijah Smith v. United States | Fourth Circuit | 2023-06-13 | Denied | Response WaivedIFP | appeals civil-rights constitutional-law court-of-appeals criminal-procedure due-process fifth-amendment jury-trial procedural-requirements sentencing statutory-interpretation | Whether the Fourth Circuit Court of Appeals violated the Sixth Amendment of the U.S. Constitution |
| 22-7779 | Zohn Wang Kub Yang v. Dan Cromwell, Warden | Seventh Circuit | 2023-06-13 | Denied | Response WaivedIFP | 5th-amendment civil-rights criminal-procedure custodial-interrogation due-process fifth-amendment law-enforcement miranda-rights miranda-v-arizona self-incrimination | Whether the totality of the law enforcement officers' words or actions made during the questioning of Petitioner in this case when they told Petitione… |
| 22-1205 | Brian D. Skattum v. Devan Collomy | Maine | 2023-06-13 | Denied | 14th-amendment 5th-amendment child-custody civil-rights criminal-case criminal-procedure divorce-proceeding due-process family-law fifth-amendment fourteenth-amendment self-incrimination | Can a parent be penalized in a divorce/custody case for exercising 5th/14th Amendment rights in a related criminal case? | |
| 22-7758 | Steven Keith Hunley v. United States | Sixth Circuit | 2023-06-12 | Denied | Response WaivedIFP | armed-career-criminal-act constitutional-violations criminal-procedure fifth-amendment indictment jury-factfinding lower-courts-error preponderance-of-evidence sixth-amendment | Can a district court judge determine that an individual's prior offenses occurred 'on occasions different' by a preponderance of the evidence or do th… |
| 22-7741 | Rudy Alvarez v. United States | Ninth Circuit | 2023-06-09 | Denied | Amici (1)IFP | burden-of-proof criminal-procedure due-process evidence-admissibility fifth-amendment law-enforcement-procedure miranda-warning miranda-warnings police-interrogation self-incrimination supreme-court | When determining whether statements made after a midstream Miranda warning are admissible, do courts consider the warning's objective effectiveness or… |
| 22-1195 | Phillip Robinson v. United States | Seventh Circuit | 2023-06-09 | Denied | Response Waived | acquitted-conduct criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-1191 | Thomas Gearing, et al. v. City of Half Moon Bay, California | Ninth Circuit | 2023-06-08 | Denied | Amici (1) | abstention civil-procedure civil-rights civil-rights-act due-process eminent-domain federal-jurisdiction fifth-amendment forum pullman-abstention regulatory-taking takings | Whether federal courts may deprive takings claimants of their chosen forum by invoking the prudential Pullman abstention doctrine to require them to f… |
| 22-1185 | Anthony James Scott v. Georgia | Georgia | 2023-06-07 | Denied | Response Waived | brady-violation criminal-procedure double-jeopardy due-process fifth-amendment mistrial mistrial-request prosecutorial-misconduct | Did the Carroll County Superior Court and the Court of Appeals of the State of Georgia err when they held that the Carroll County District Attorney's … |
| 22-7723 | Wesley Jorome Harris v. United States | Fifth Circuit | 2023-06-06 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-7679 | Frederic Gabriel v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2023-06-01 | Denied | Response WaivedIFP | civil-rights constitutional-rights due-process fifth-amendment interrogation miranda miranda-rights police-interrogation right-to-silence self-incrimination | Did the police violate the petitioner's Fifth Amendment right by continuing to interrogate him after he unambiguously invoked his right to silence? |
| 22-7660 | Damon L. Buford v. United States | Eighth Circuit | 2023-05-30 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | armed-career-criminal-act fifth-amendment judicial-factfinding occasions-clause plain-error predicate-offenses sixth-amendment | Whether a defendant's Armed Career Criminal Act sentence may be affirmed when the lower court fails to properly apply this Court's occasions clause te… |
| 22-7661 | Michael D. Beiter, Jr. v. United States | Eleventh Circuit | 2023-05-30 | Denied | Response WaivedIFP | access-to-counsel constitutional-rights counsel-termination criminal-procedure discovery due-process fifth-amendment pro-se-defense sixth-amendment | Whether a defendant who continually terminated (FIRED) his/her counsel ab initio of the proceedings and throughout the proceedings can gain access to … |
| 22-7662 | Antoine Robert Threefingers v. United States | Ninth Circuit | 2023-05-30 | Denied | Response WaivedIFP | civil-procedure civil-rights constitutional-law due-process fifth-amendment standing | Whether the court erred in affirming the district court's decision that petitioner's Fifth Amendment rights were not violated? |
| 22-1149 | Pacific Carlton Development Corp., et al. v. New York State Urban Development Corporation, dba Empire State Development Corporation | New York | 2023-05-26 | Denied | certificate-of-occupancy certificates-of-occupancy due-process eminent-domain fifth-amendment government-regulation government-seizure property-rights takings | Are government-issued attributes of private property entitled to constitutional protection under the Fifth Amendment when seized via eminent domain? | |
| 22-7642 | Julio Angel Torrez, Jr. v. California | California | 2023-05-25 | Denied | Relisted (3)IFP | doyle-v-ohio due-process estelle-v-mcguire evidence-admission fair-trial fifth-amendment fourteenth-amendment jury-trial people-v-medina right-to-silence sixth-amendment | Whether the rule of Doyle v. Ohio applies to private conversations and selective silence |
| 22-7626 | Tynan Anthony Checchi v. United States | Sixth Circuit | 2023-05-24 | Denied | Response WaivedIFP | cross-examination fifth-amendment miranda-v-arizona self-incrimination sentencing unsworn-allocution | Was Mr. Checchi's Fifth Amendment right against self-incrimination violated? |
| 22-1133 | Hugh Martin, et al. v. Sandoval County, New Mexico, et al. | New Mexico | 2023-05-22 | Denied | due-process eminent-domain fifth-amendment inverse-condemnation just-compensation native-american-land-rights property-rights takings | Did the New Mexico Supreme Court err declining to review and rectify the decisions of the lower courts that cut Petitioner's off from obtaining just c… | |
| 22-7585 | Enrique Roberto Villarreal v. United States | Fifth Circuit | 2023-05-17 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-7559 | Brenda Sensing and Dennis Sensing v. United States | Fifth Circuit | 2023-05-16 | Denied | Response WaivedIFP | bearden-v-georgia due-process fifth-amendment restitution-collection right-to-counsel show-cause-hearing sixth-amendment | Can a district court initiate restitution collection proceedings? |
| 22-7563 | Joseph I. Wilkes v. Ohio | Ohio | 2023-05-16 | Denied | Response WaivedIFP | appellate-procedure appellate-rights constitutional-rights delayed-appeal due-process equal-protection fifth-amendment fourteenth-amendment plain-language trial-court-jurisdiction | Whether the Fifth and Fourteenth Amendments to the United States Constitution were violated when a request for delayed appeal was denied |
| 22-7509 | Gary R. Thompson, Jr. v. Oklahoma | Oklahoma | 2023-05-10 | Denied | IFP | blockburger-v-united-states constitutional-violation criminal-rights double-jeopardy due-process fifth-amendment hazel-atlas-glass-co-v-hartford prosecutorial-misconduct supreme-court-precedent united-states-v-dixon | Does the double jeopardy protection still hold the promise and guarantee of the prohibition and protection from being twice placed in jeopardy for the… |
| 22-7520 | Levaughn Collins v. United States | Seventh Circuit | 2023-05-10 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment appellate-review criminal-procedure fifth-amendment fourth-amendment motion-to-suppress statutory-interpretation suppression-of-evidence wiretap-evidence wiretapping | Whether the District Court erred in denying Mr. Collins' Motions to Suppress Wire Tap evidence |
| 22-7496 | Akkeli Frederick v. California | California | 2023-05-09 | Denied | IFP | civil-rights constitutional-violation criminal-procedure due-process fair-trial fifth-amendment illegal-interrogation involuntary-confession ninth-circuit prosecutorial-misconduct self-incrimination | Whether the admission of an involuntary confession derived from an illegal interrogation violates the accused's Fifth Amendment right against self-inc… |
| 22-1059 | Jorge Marc Gonzalez-Betancourt v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2023-05-03 | Denied | Response Waived | civil-forfeiture collateral-estoppel controlled-substances double-jeopardy exhaustion fifth-amendment ruan-v-united-states state-prosecution | Is Florida violating federal rights of its prisoners by preventing a defendant from arguing collateral-estoppel, claiming-exhaustion? |
| 22-7445 | Kalavathi Shunmugam v. Redevelopment Authority of the City of Bethlehem, Pennsylvania | Pennsylvania | 2023-05-02 | Denied | Response WaivedRelisted (2)IFP | blighted-list breach-of-agreement court-transcript due-process eminent-domain fifth-amendment property-rights racial-discrimination takings takings-clause | Whether the personnel action violated the petitioner's constitutional right to due process |
| 22-7435 | Alex Smith v. United States | Fourth Circuit | 2023-05-01 | Denied | Response WaivedIFP | circuit-split criminal-procedure due-process fifth-amendment jury-instruction jury-instructions reasonable-doubt | Does the Due Process Clause of the Fifth Amendment require a trial court to instruct, or refuse to instruct, the Jury on the fundamental meaning of 'B… |
| 22-1054 | Robert E. Bennett, et ux. v. City of Kingman, Arizona | Ninth Circuit | 2023-05-01 | Denied | Response Waived | civil-rights constitutional-interpretation due-process fifth-amendment fourteenth-amendment property-rights regulatory-takings section-1983-claim takings takings-clause vested-rights | Did the Arizona District Court and the Ninth Circuit Court err in their analysis of the takings claim? |
| 22-1048 | Joseph E. Blackburn, Jr., et ux. v. Dare County, North Carolina, et al. | Fourth Circuit | 2023-04-28 | Denied | Response RequestedRelisted (2) | 5th-amendment civil-procedure constitutional-law due-process eminent-domain fifth-amendment government-regulation property-rights regulatory-takings takings takings-clause | Whether a governmental regulation prohibiting all physical access to a landowner's property is a 'per se' taking under the Fifth Amendment of the Unit… |
| 22-7394 | Mike Webb v. Department of the Army, et al. | District of Columbia | 2023-04-28 | Denied | Response WaivedIFP | administrative-law administrative-remedies agency-discretion agency-response civil-procedure due-process fifth-amendment foia foia-request privacy-act pro-se-litigation standing | Whether the failure of an agency to respond to a FOIA request violates due process |
| 22-7402 | Nathan Alvarado v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Florida | 2023-04-28 | Denied | Response WaivedIFP | due-process equal-protection fifth-amendment fourteenth-amendment gideon-v-wainwright habeas-corpus public-importance state-court | Did the State Court proceedings afford Due Process and Equal Protection of Laws under the Fifth Amendment and Fourteenth Amendment? |
| 22-7311 | Randal Thomas Rosado v. Florida | Florida | 2023-04-17 | Denied | Response WaivedIFP | constitutional-rights criminal-act double-jeopardy fifth-amendment fourteenth-amendment multiple-prosecutions multiple-punishments negotiated-plea plea-bargaining same-offense sixth-amendment | Does a ten-count conviction under the same statute for a single act of filing one document violate the double jeopardy clause of the Fifth Amendment p… |
| 22-7269 | Melchor Karl T. Limpin v. Robert B. C. McSeveney, Judge, United States Immigration Court, et al. | Ninth Circuit | 2023-04-13 | Denied | Response WaivedIFP | civil-rights due-process equal-protection fifth-amendment fourth-amendment immigration immigration-law probable-cause warrant-clause | Whether the statute 8 U.S.C. § 1226(a) is constitutionally impermissible under the Fourth and Fifth Amendment equal protection clause |
| 22-985 | Ferrell Walker v. United States | Eleventh Circuit | 2023-04-11 | Denied | Response Waived | child-pornography double-jeopardy fifth-amendment revocation sentencing supervised-release | Whether the subsequent imposition of a sentence to a term of imprisonment of 168 months on a charge of possession of child pornography, to run consecu… |
| 22-7243 | Mario Roberto Bonilla-Diaz v. United States | Eleventh Circuit | 2023-04-10 | Denied | IFP | due-process equal-protection fifth-amendment illegal-reentry immigration-law in-absentia removal-order sentencing-guideline sentencing-guidelines | Whether Mr. Bonilla-Diaz's in absentia removal order, which issued when he was ten years old and forms the basis for his illegal reentry conviction, i… |
| 22-7231 | James Sonny Alaniz v. United States | Fifth Circuit | 2023-04-06 | Denied | Response WaivedIFP | constitutional-rights due-process fifth-amendment gall-standard gall-v-united-states sentencing sentencing-guidelines substantive-due-process upward-departure | Whether the Court of Appeals holding that a sentencing court is not required to use the incremental steps in Section 4A1 -3(a)(4)(B) in an upward depa… |
| 22-958 | Andris Pukke, et al. v. Federal Trade Commission, et al. | Fourth Circuit | 2023-04-03 | Denied | civil-contempt civil-rights due-process factfinding federal-trade-commission-act fifth-amendment injunction injunction-violation monetary-relief monetary-sanctions | Whether the district court denied petitioners due process by imposing civil contempt sanctions without adequate factfinding | |
| 22-7138 | Muzammil Ali v. United States | Eighth Circuit | 2023-03-29 | Denied | Response WaivedIFP | criminal-procedure downward-variance due-process fifth-amendment jail-phone-calls motion-for-continuance sentencing sixth-amendment speedy-trial speedy-trial-act | Whether the court of appeals erred in affirming that Ali's Fifth and Sixth Amendment rights were not violated under the Speedy Trial Act |
| 22-7148 | Karteu Omar Jenkins v. United States | Eleventh Circuit | 2023-03-29 | Denied | Response WaivedRelisted (9)IFP | acquitted-conduct criminal-procedure drug-weight-calculation due-process fifth-amendment ineffective-assistance-of-counsel right-to-counsel sentencing sixth-amendment | Whether the district court erred in not appointing new counsel after the second hearing on the matter? |
| 22-7134 | Christopher L. Whitaker v. Ohio | Ohio | 2023-03-28 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment 8th-amendment capital-defendant capital-punishment eighth-amendment fifth-amendment fourteenth-amendment mitigation-evidence self-incrimination sixth-amendment | Is a capital defendant's offer to plead guilty and waive all post-trial procedures in exchange for a life sentence admissible as mitigating evidence? |
| 22-7087 | Michael James Hoffman v. United States District Court for the District of Arizona | Ninth Circuit | 2023-03-24 | Denied | Relisted (2)IFP | criminal-procedure due-process evidence-manipulation fifth-amendment fourteenth-amendment grand-jury right-to-counsel sixth-amendment state-misconduct trial-misconduct | Did the State violate the Petitioner's Sixth Amendment right to counsel and due process? |
| 22-7092 | Lorenzo Hardwick v. United States | Third Circuit | 2023-03-24 | Denied | Response WaivedIFP | appellate-procedure certificate-of-appealability collateral-estoppel double-jeopardy fifth-amendment ineffective-assistance ineffective-assistance-of-counsel third-circuit | Did the appeals court for the Third Circuit err by denying petitioners certificate of appealability where appellate counsel rendered ineffective assis… |
| 22-7068 | Joshua Anderson v. Mark Bolster | Fourth Circuit | 2023-03-23 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burns-v-wilson constitutional-law constitutional-review due-process fifth-amendment habeas-corpus military-courts standard-of-review writ-suspension | Does the indistinct standard of review promulgated in Burns v. Wilson, 346 U.S. 137 (1953) violate the Fifth Amendment's Due Process Clause and result… |
| 22-913 | Richard Devillier, et al. v. Texas | Fifth Circuit | 2023-03-20 | Judgment Issued | Amici (13)Response RequestedResponse WaivedRelisted (2) | federal-circuit-split fifth-amendment just-compensation legislative-authorization property-rights self-executing self-executing-clause state-court-rulings statutory-authorization takings-clause | May a person whose property is taken without compensation seek redress under the self-executing Takings Clause even if the legislature has not affirma… |
| 22-898 | Ronald I. Paul v. South Carolina Department of Transportation, et al. | South Carolina | 2023-03-16 | Denied | declaratory-relief eminent-domain fifth-amendment fourteenth-amendment just-compensation property-rights settlement-agreement | Whether a settlement agreement in an eminent domain case violates the just compensation clause of the Fifth and Fourteenth Amendments | |
| 22-862 | Brooklyn Zavion Johnson v. West Virginia | West Virginia | 2023-03-10 | Denied | Response Waived | 4th-amendment 5th-amendment consent-to-search due-process fifth-amendment fourth-amendment juvenile-rights probable-cause search-and-seizure warrantless-entry warrantless-search | Whether Petitioner's 4th amendment right against unreasonable search and seizure was violated |
| 22-6940 | Leon Little v. United States | Third Circuit | 2023-03-06 | Denied | Response WaivedRelisted (9)IFP | criminal-sentencing due-process fifth-amendment jury-trial preponderance-of-evidence sixth-amendment uncharged-conduct | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentencing on uncharged conduct |
| 22-6926 | Jesse Davenport, aka Draco John Flama v. United States | Ninth Circuit | 2023-03-03 | Denied | Response WaivedIFP | conspiracy criminal-conviction due-process fifth-amendment grand-jury multi-count-indictment petit-jury | Whether a court violates a defendant's Fifth Amendment Grand Jury rights |
| 22-6901 | Brandon L. Johnson v. Illinois | Illinois | 2023-03-01 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment illinois-constitution ineffective-assistance ineffective-assistance-of-counsel jury-instructions knowingly-standard seventh-amendment | Whether the State violated the Due Process clause |
| 22-6885 | Juan Martinez Pedraza v. United States | Fifth Circuit | 2023-02-24 | Denied | Response WaivedIFP | which provides that the government has a duty to cross-examination due-process false-testimony fifth-amendment government-witness napue-v-illinois perjury prosecutorial-misconduct | Whether the Fifth Circuit's holding that false testimony presented by a government witness at trial that is elicited by the defense on cross-examinati… |
| 22-6845 | Jesus Lopez v. United States | Seventh Circuit | 2023-02-23 | Denied | Response WaivedIFP | appellate-review circuit-split criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment judicial-interpretation legal-procedure plea-bargaining rule-11 seventh-circuit | Whether the Seventh Circuit's stringent application of Rule 11(d)(2)(B) violates due process? |
| 22-6831 | Will Lee Carter v. Virginia | Virginia | 2023-02-22 | Denied | IFP | civil-rights constitutional-rights due-process equal-protection fifth-amendment fourteenth-amendment freedom-of-religion self-incrimination sexually-violent-predator substantive-due-process | Is Virginia's Sexually Violent Predator Law Unconstitutional? |
| 22-6816 | Montray Lorenzo Cato v. United States | Fifth Circuit | 2023-02-21 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-785 | Theryn Jones v. United States | Second Circuit | 2023-02-21 | Denied | Amici (1)Relisted (2) | circuit-split criminal-procedure due-process fifth-amendment immunity self-incrimination sixth-amendment witness witness-immunity | when-the-due-process-clause-requires-vacatur-of-a-criminal-conviction-based-on-the-government's-refusal-to-seek-immunity-for-a-defense-witness |
| 22-6815 | David E. Merry v. United States | Eleventh Circuit | 2023-02-17 | Denied | Relisted (7)IFP | acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing (enhancing) a criminal defendant's sentence on conduct for which a jury ha… |
| 22-6791 | Jerome Simmons v. United States | Eleventh Circuit | 2023-02-15 | Denied | Response WaivedIFP | 18-usc-924(c) crime-of-violence criminal-conspiracy elements-clause fifth-amendment hobbs-act hobbs-act-robbery sentencing-enhancement sentencing-enhancements sixth-amendment vagueness-doctrine | Whether a sentence predicated upon a finding that Hobbs Act robbery is a crime of violence under the elements clause in 18 U.S.C § 924 (c) violates th… |
| 22-6776 | J. Doe v. Design Review Board of the Town of Sullivan's Island, et al. | South Carolina | 2023-02-14 | Denied | IFP | amendment-violation appellate-review civil-rights constitutional-rights due-process fifth-amendment first-amendment fourteenth-amendment judicial-procedure meaningful-review procedural-due-process seventh-amendment | Whether review should be granted where no other review was available and whether the lower appellate court denied meaningful review and other substant… |
| 22-6778 | Mi-in-gun Justin Charette, aka Justin Marshall Critt v. Minnesota | Minnesota | 2023-02-14 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure custodial-interrogation custodial-questioning fifth-amendment miranda-rights miranda-v-arizona right-to-counsel self-incrimination suspect-rights | Whether the prophylactic rules announced in Miranda v. Arizona allow a suspect to request that counsel be present for questioning when the suspect is … |
| 22-6779 | Jong Sung Kim v. United States | Eleventh Circuit | 2023-02-14 | Denied | Response WaivedIFP | brady-rule brady-violation de-novo-review due-process fifth-amendment giglio-rule giglio-violation sixth-amendment standard-of-review | Whether due process and the Fifth and Sixth Amendments require circuit courts to review Brady and Giglio violation claims de novo, rather than for an … |
| 22-6782 | Richard Leon Wilbern v. United States | Second Circuit | 2023-02-14 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 5th-amendment appellate-standard constitutional-review criminal-procedure due-process fifth-amendment standard-of-review witness-identification wrongful-convictions | Whether courts of appeals should review de novo a district court's determination that an identification is constitutionally reliable |
| 22-764 | Hrair Kaladjian v. Joseph R. Biden, Jr., President of the United States, et al. | Ninth Circuit | 2023-02-14 | Denied | Response Waived | administrative-law case-or-controversy civil-rights constitutional-standing equal-protection fifth-amendment freedom-support-act injunctive-relief presidential-waiver separation-of-powers standing | Whether the President's violation of Section 907 of the Freedom Support Act is actionable by a private citizen under the Fifth Amendment Equal Protect… |
| 22-760 | William S. Wilkinson, et al. v. Board of University and School Lands of North Dakota, et al. | North Dakota | 2023-02-13 | Denied | Response Waived | due-process federalism fifth-amendment just-compensation oil-and-gas oil-and-gas-interests property-rights state-ownership state-sovereignty takings takings-clause | Whether the North Dakota Supreme Court erred in finding the Fifth Amendment to the United States Constitution does not require just compensation |
| 22-6736 | Justin D. Martin v. United States | Sixth Circuit | 2023-02-09 | Denied | Relisted (8)IFP | acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-721 | Damian McElrath v. Georgia | Georgia | 2023-02-02 | Judgment Issued | Amici (5)Relisted (7) | acquittal criminal-procedure criminal-prosecution double-jeopardy fifth-amendment jury-verdict prosecution repugnant-verdict repugnant-verdicts | Does the Double Jeopardy Clause prohibit a second prosecution for a crime of which a defendant was previously acquitted? |
| 22-6677 | Philip J. Vonville v. Pennsylvania | Pennsylvania | 2023-02-01 | Denied | IFP | constitutional-rights due-process fifth-amendment fourteenth-amendment mistrial pennsylvania state-court-procedure state-courts | Did state courts in Pennsylvania fail to address both Fifth and Fourteenth amendment (Due Process) violations of court record after a second trial end… |
| 22-6649 | Dee Walter Mitchell, Jr. v. Christian Pfeiffer, Warden | Ninth Circuit | 2023-01-27 | Denied | Response WaivedIFP | coerced-confession coerced-testimony due-process fifth-amendment fourteenth-amendment juvenile-interrogation juvenile-rights miranda-rights police-interrogation | Where police interrogation of a juvenile murder suspect violates due process |
| 22-6652 | In Re Walter Drummond | 2023-01-27 | Denied | IFP | civil-rights constitutional-rights due-process equal-protection fifth-amendment habeas-corpus interrogation miranda-rights state-criminal-procedure | Whether the State of Florida violated the petitioner's constitutional rights by using an incomplete and deficient Miranda rights form that did not pro… | |
| 22-700 | Mark Howerton v. Texas | Texas | 2023-01-26 | Denied | criminal-procedure double-jeopardy due-process fifth-amendment intent judicial-discretion mistrial oregon-v-kennedy prosecutorial-misconduct | Should the Court's holding in Oregon v. Kennedy be extended to prohibit a wider range of prosecutorial intent? | |
| 22-6609 | James D. Thomas v. United States | Sixth Circuit | 2023-01-23 | Denied | Response WaivedIFP | 28-usc-2255 brady-violation due-process evidentiary-hearing fifth-amendment fourteenth-amendment | Did the Sixth Circuit Court of Appeals violate petitioner's Fifth and Fourteenth Amendment right by denying petitioners 28 USC § 2255 motion to vacate… |
| 22-658 | Victor Gates v. United States | Third Circuit | 2023-01-18 | Denied | Response Waived | certificate-of-appealability due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | Did the United States Court of Appeals for the Third Circuit abuse its discretion and commit an error of law in not issuing a Certificate of Appealabi… |
| 22-650 | Orlando Bar Group, LLC, et al. v. Ron DeSantis, Governor of Florida, et al. | Florida | 2023-01-13 | Denied | Response Waived | due-process eminent-domain fifth-amendment government-action just-compensation property-rights public-nuisance state-of-emergency takings | During a state of emergency, are there constitutional safeguards that prohibit the government from denying property owners substantially all economica… |
| 22-647 | Ross Anthony Scott v. Texas | Texas | 2023-01-11 | Denied | circuit-split constitutional-interpretation criminal-procedure defendant-rights defendant-silence fifth-amendment liberal-construction prosecutor-comment prosecutorial-comment self-incrimination | Whether a prosecutor's comment on a criminal defendant's failure to testify infringes on the defendant's Fifth Amendment privilege against self-incrim… | |
| 22-6503 | Patrick Emeka Ifediba v. United States | Eleventh Circuit | 2023-01-10 | Denied | Response RequestedRelisted (2)IFP | controlled-substances criminal-procedure due-process fifth-amendment intent medical-intent medical-practice sentencing sixth-amendment | Was Petitioner denied his rights under Ruan v. United States |
| 22-624 | Zafar Iqbal v. Bureau of Professional and Occupational Affairs, State Board of Medicine | Pennsylvania | 2023-01-09 | Denied | Response WaivedRelisted (2) | coerced-confession constitutional-rights due-process fifth-amendment fourteenth-amendment material-witness perjury right-to-due-process testimony | Did the ruling(s), by disregarding testimony of material witness, proven to lie under oath violated petitioner's right to due process enshrined in fou… |
| 22-6472 | Vincent Paul Melendrez v. Jason Bennett, Superintendent, Stafford Creek Corrections Center | Ninth Circuit | 2023-01-06 | Denied | Response WaivedIFP | confrontation confrontation-clause constitutional-rights criminal-defendant criminal-procedure defense due-process fifth-amendment self-incrimination sixth-amendment | Where the Trial Court's Ruling Compelling the Election of Rights had required a criminal Defendant to waive his Fifth Amendment Constitutional Rights … |
| 22-6477 | Claudius English, aka Jay Barnes, aka Brent English v. United States | Second Circuit | 2023-01-06 | Denied | Response WaivedIFP | conviction conviction-challenge due-process dunn-v-united-states fifth-amendment indictment indictment-theory interstate-commerce jury kidnapping-statute | Whether the lower courts' affirmance of English's conviction on the basis of a theory not charged in the indictment or argued to the jury and advanced… |
| 22-6445 | Juan Villa Ramirez v. California | California | 2023-01-04 | Denied | IFP | aggravating-circumstances constitutional-rights death-penalty fifth-amendment fourteenth-amendment jury-finding ring-v-arizona sixth-amendment | Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory m… |
| 22-6413 | Rajul Ruhbayan v. Rebecca Beach Smith, Judge, United States District Court for the Eastern District of Virginia, et al. | Fourth Circuit | 2022-12-30 | Denied | Response WaivedIFP | christopher-v-harbury civil-rights constitutional-rights due-process fifth-amendment fourth-circuit jury-trial sentencing-finality sixth-amendment supervisory-powers | Whether the Fourth Circuit Court of Appeals and four Defendant judges' ongoing 17 years' cover up or violations of Petitioner's prospective denial of … |
| 22-6433 | Ricky Escobedo v. United States | Fifth Circuit | 2022-12-30 | Denied | Response WaivedIFP | attorney-client-privilege conflict-of-interest fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | Violation of attorney-client privilege and right to effective assistance of counsel |
| 22-6434 | Elvis Harold Reyes v. United States | Eleventh Circuit | 2022-12-30 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey blakely-v-washington criminal-restitution fifth-amendment jury-determination restitution sentencing-fact sixth-amendment southern-union-co-v-united-states | Whether the Sixth and Fifth Amendments are violated by the imposition of restitution based on the sentencing judge's determination of a fact (other th… |
| 22-6405 | David Lee Smith, Individually and as Representative of the Estate of Mary Julia Hook v. United States | Federal Circuit | 2022-12-28 | Denied | Response WaivedIFP | appeal appeal-dismissal civil-procedure constitutional-rights due-process fifth-amendment in-forma-pauperis judicial-taking poverty sanctions takings | Whether the Federal Circuit grossly abused its discretion in dismissing an appeal as frivolous |
| 22-6382 | James A. Warren v. Florida | Florida | 2022-12-22 | Denied | Relisted (2)IFP | capital-crime capitol-crime constitutional-procedure criminal-prosecution due-process fifth-amendment florida-constitution grand-jury indictment presentment | Does Article I Section 15(a) of the Florida Constitution prohibit any person from being tried for a capitol crime without presentment or indictment by… |
| 22-6386 | Frank Sanchez v. United States | Eighth Circuit | 2022-12-22 | Denied | Relisted (9)IFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing sixth-amendment | Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments |
| 22-6371 | Michael Jarrow v. Ashly Nunnery | Fifth Circuit | 2022-12-21 | Denied | IFP | fifth-amendment just-compensation physical-appropriation private-property public-use takings-clause | Whether the Takings Clause of the Fifth Amendment requires the government to pay just compensation when it physically appropriates private property fo… |
| 22-6329 | Phosavan Khamnivong v. United States | Ninth Circuit | 2022-12-19 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment bodily-injury due-process fifth-amendment firearm-enhancement jury-trial reasonable-doubt sentencing sentencing-guidelines sixth-amendment | Whether the Sixth Amendment is violated when courts impose sentences that, but for a judge-found fact, would be reversed for substantive unreasonablen… |
| 22-6340 | Ramon Simpson v. United States | Eighth Circuit | 2022-12-19 | Denied | Response WaivedIFP | aiding-and-abetting criminal-liability custodial-interrogation death-penalty fifth-amendment jury-instructions kidnapping miranda-rights | Does a conviction for aiding and abetting kidnapping resulting in death require proof of intent or advance knowledge of death? |
| 22-562 | Stephen Douglass, Individually and as Personal Representative of the Estate of Shingo Alexander Douglass, et al. v. Nippon Yusen Kabushki Kaisha | Fifth Circuit | 2022-12-19 | Denied | Amici (3) | admiralty-jurisdiction admiralty-law due-process federal-courts federal-rule-civil-procedure fifth-amendment high-seas law-of-nations personal-jurisdiction state-courts | Whether the Fifth Amendment imposes the same restrictions on personal jurisdiction by federal courts as the Fourteenth Amendment imposes on state cour… |
| 22-6265 | Sachin Aji Bhaskar v. United States | Second Circuit | 2022-12-09 | Denied | Response WaivedIFP | cares-act constitutional-rights due-process fifth-amendment remote-sentencing statutory-authority structural-error | What is required under the CARES Act for a remote sentencing to comport with a defendant's Fifth Amendment right to due process under the constitution… |
| 22-6258 | Rondale Young v. United States | Ninth Circuit | 2022-12-08 | Denied | Response WaivedIFP | assimilated-crimes assimilative-crimes-act criminal-procedure double-jeopardy due-process fifth-amendment houston-v-moore separate-sovereign-doctrine | Whether a defendant previously acquitted of murder under a state statute can be tried for the same murder under the same state statute pursuant to a f… |
| 22-528 | Gilbert Rodriguez, IV v. Texas | Texas | 2022-12-08 | Denied | criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel miranda-rights sixth-amendment | Whether the 1838rd district court for Harris County, Texas erred in denying Petitioner Rodriguez's writ of Habeas Corpus | |
| 22-525 | Adrean L. Smith v. Gary A. Boughton, Warden | Seventh Circuit | 2022-12-06 | Denied | Response Waived | constitutional-guarantee fair-presentment fifth-amendment habeas habeas-corpus lower-courts miranda-rights seventh-circuit state-court-review | Whether a habeas petitioner fairly presents his federal claim in state court |
| 22-6218 | Carlos Brito-Brito v. United States | Fifth Circuit | 2022-12-05 | Denied | Response WaivedIFP | alleyne appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process fifth-amendment precedent-analysis sentencing statutory-interpretation supreme-court-review | Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-6221 | Oscar J. Martinez-Hernandez v. United States | First Circuit | 2022-12-05 | Denied | Response WaivedIFP | conflict-of-interest due-process effective-assistance-of-counsel fifth-amendment prosecutorial-misconduct sixth-amendment | Whether former prosecutor's defense of defendant under same indictments violates 18 U.S.C. § 207 and defendant's constitutional rights |
| 22-6212 | Eric Cain v. United States | Sixth Circuit | 2022-12-02 | Denied | Relisted (9)IFP | criminal-procedure double-jeopardy due-process federal-sentencing-guidelines fifth-amendment jury-trial-right sentencing-guidelines sixth-amendment | Whether the Sixth Amendment jury trial right or the Fifth Amendment Due Process Clause bars a court from imposing a more severe criminal sentence base… |
| 22-6197 | Albert Bautista Guzman v. Christian Pfeiffer, Warden | Ninth Circuit | 2022-12-01 | Denied | Relisted (2)IFP | 4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process fifth-amendment interrogation-tactics police-misconduct search-and-seizure self-incrimination | Whether detectives investigating cases should practice integrity under the Due Process Clause of the 5th and 14th Amendments, preventing fabrication, … |
| 22-6164 | Calvin Gary Walker v. Texas | Texas | 2022-11-29 | Denied | IFP | constitutional-law double-jeopardy due-process fifth-amendment judgment restitution sentencing | Does the Fifth Amendment's double jeopardy clause bar a restitution order entered ninety-nine days after Petitioner's sentence began and after entry o… |
| 22-491 | Raymond Delgado v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2022-11-23 | Denied | Response Waived | criminal-procedure custodial-interrogation fifth-amendment ineffective-assistance miranda-rights miranda-v-arizona motion-to-suppress right-to-counsel right-to-remain-silent sixth-amendment suppression-of-confession | Whether Delgado was denied effective assistance of counsel |
| 22-493 | Erica Bojicic, dba Evolve Dance Company, LLC, et al. v. Richard Michael DeWine, Individually and in His Official Capacity as the Governor of Ohio, et al. | Sixth Circuit | 2022-11-23 | Denied | Response Waived | constitutional-law due-process emergency-powers eminent-domain fifth-amendment government-action necessity police-power property-rights regulatory-takings takings takings-clause | Is the government required to prove with evidence that its action taken during an emergency which intrudes on private property rights was a necessity … |
| 22-6142 | Taj Collier v. Florida Department of Corrections | Eleventh Circuit | 2022-11-22 | Denied | Response WaivedRelisted (2)IFP | aedpa constitutional-rights criminal-appeals criminal-appeals-reform-act fifth-amendment fourteenth-amendment fourth-amendment habeas-corpus ineffective-assistance sixth-amendment strickland-standard | Whether the Florida courts of appeals provide for evidentiary hearings to determine Strickland's mixed question of law and fact |
| 22-6114 | Phillip Scott Grigalanz v. Kristi Lynn Grigalanz | Indiana | 2022-11-21 | Denied | Response WaivedIFP | conspiracy constitutional-rights criminal-conspiracy due-process felony fifth-amendment fourteenth-amendment standing | Should respondent benefit from a conspiracy to commit a felony crime? |
| 22-6126 | Jeffrey Salt v. Waterkeeper Alliance, Inc. | Second Circuit | 2022-11-21 | Denied | Response WaivedIFP | civil-contempt civil-procedure due-process fifth-amendment intellectual-property non-party non-party-injunction trademark trademark-dispute | Did Jeffrey Salt's Fifth Amendment due process rights violate when the District Court ruled he was bound by an injunction and subject to civil contemp… |
| 22-6086 | Dale McCoy v. United States | Eighth Circuit | 2022-11-18 | Denied | Response WaivedIFP | constitutional-rights covid-19 covid-19-quarantine due-process equitable-tolling federal-bureau-of-prisons fifth-amendment fourteenth-amendment section-2255 | Whether the unforeseen and unexpected quarantining of the Petitioner, by the Federal Bureau of Prisons due to the COVID-19 Pandemic, justifies 'Equita… |
| 22-475 | Binyamin I. Efreom, et al. v. Daniel McKee, Governor of Rhode Island, et al. | First Circuit | 2022-11-18 | Denied | Response Waived | civil-rights contract-rights due-process fifth-amendment fourteenth-amendment pension-reform procedural-due-process rooker-feldman rooker-feldman-doctrine section-1983 taking-without-compensation takings | Whether Petitioners' procedural due-process, takings, contract-rights were violated by deprivation of federal-remedy |
| 22-466 | Herederos de Roberto Gomez Cabrera, LLC v. Teck Resources Limited | Eleventh Circuit | 2022-11-16 | Denied | civil-rights due-process extraterritorial-statute federal-court federal-jurisdiction fifth-amendment foreign-defendant fourteenth-amendment international-law personal-jurisdiction statutory-interpretation | Whether the Fifth Amendment imposes the same restrictions as the Fourteenth Amendment on the exercise of personal jurisdiction by a federal court unde… | |
| 22-454 | Garey Webb v. U.S. Bank National Association, As Trustee for CRMSI REMIC Series 2006-03 REMIC Pass-Through Certificates, Series 2006-03 | Oklahoma | 2022-11-15 | Denied | Response Waived | civil-procedure constitutional-law due-process fifth-amendment foreclosure fourteenth-amendment fraud fraud-on-court property-rights | Whether the Oklahoma Supreme Court violated the Fifth and Fourteenth Amendments by failing to address fraud and permitting a foreclosure judgment thro… |
| 22-438 | Glow In One Mini Golf, L.L.C., et al. v. Tim Walz, Governor of Minnesota, et al. | Eighth Circuit | 2022-11-10 | Denied | Amici (1)Response Waived | 5th-amendment constitutional-rights covid-19 covid-19-shutdown emergency-powers equal-protection equal-protection-clause fifth-amendment qualified-immunity takings-clause | Whether Minnesota's Governor has qualified immunity against Petitioners' Fifth Amendment Takings Clause claims |
| 22-442 | Tatana Spicakova Romero, et vir v. Li-Chuan Shih, et al. | California | 2022-11-10 | Denied | 14th-amendment 5th-amendment due-process eminent-domain fifth-amendment fourteenth-amendment land-use private-property property-rights takings | Whether a court order that excludes land owners from their real property and allows other private parties to physically invade and occupy the owners' … | |
| 22-6038 | Gabriel Mangum v. United States | Eighth Circuit | 2022-11-10 | Denied | Response WaivedIFP | 18-usc-751 5th-amendment criminal-procedure double-jeopardy escape-from-custody fifth-amendment residential-reentry-center statutory-interpretation supervised-release | Whether Petitioner's 5th Amendment Double Jeopardy rights were violated |
| 22-6041 | David Williams, III v. United States | Eleventh Circuit | 2022-11-10 | Denied | Response WaivedIFP | 28-usc-2255 congressional-intent conviction-review eighth-amendment equitable-tolling fifth-amendment government-misconduct section-2255 | whether-defendant's-conviction-and-sentence-for-nonexistent-crimes-violates-constitution |
| 22-5976 | Ricky Pendleton v. Donnie Ames, Superintendent, Mount Olive Correctional Complex | West Virginia | 2022-11-04 | Dismissed | Response WaivedIFP | constructive-amendment criminal-procedure double-jeopardy fifth-amendment grand-jury ineffective-assistance-of-counsel ineffective-counsel jurisdiction malicious-assault robbery sixth-amendment | Question not identified |
| 22-5993 | Malik Ross v. United States | Eighth Circuit | 2022-11-04 | Denied | Response RequestedResponse WaivedRelisted (10)IFP | criminal-procedure due-process fifth-amendment preponderance-of-evidence reasonable-doubt sentencing sentencing-guidelines substantive-reasonableness | Does a judge deny a defendant's Fifth Amendment rights by increasing a prison sentence based on disputed facts the Court did not find beyond a reasona… |
| 22-405 | Michael Leon Grubb v. Texas | Texas | 2022-11-01 | Denied | 5th-amendment confession confessions due-process fifth-amendment interrogation law-enforcement miranda-rights self-incrimination supreme-court-precedent | whether-the-supreme-court's-1987-decision-in-mauro-effectively-abdicated-its-1980-holding-in-innis | |
| 22-5935 | Devon Miller v. Superintendent, Shawangunk Correctional Facility | Second Circuit | 2022-10-28 | Denied | IFP | confession-admissibility custodial-interrogation fifth-amendment miranda-v-arizona miranda-warnings police-interrogation police-interrogation-tactics self-incrimination two-step-interrogation voluntariness | Whether the Fifth Amendment privilege against self-incrimination applies during custodial interrogation |
| 22-5926 | Charles Chitat Ng v. California | California | 2022-10-27 | Denied | IFP | confrontation-clause due-process extradition-hearing fifth-amendment fourteenth-amendment self-representation sixth-amendment stun-belt | Was petitioner deprived of due-process, self-representation, fair-trial, confrontation |
| 22-5927 | Jonathan Lee Oliver v. United States | Ninth Circuit | 2022-10-27 | Denied | Response WaivedIFP | due-process fifth-amendment judicial-procedure jury-trial non-jury-proceeding preponderance-of-evidence sixth-amendment supervised-release | Did the district court's unindicted, non-jury, preponderance of the evidence fact-finding that Mr. Oliver committed a new federal offense to conclude … |
| 22-5908 | Giles McGhee v. Darrel Vannoy, Warden | Fifth Circuit | 2022-10-26 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment fourteenth-amendment in-re-winship ineffective-assistance jackson-v-virginia reasonable-doubt sixth-amendment | Did the State fail to meet its burden of proof beyond a reasonable doubt that Mr. McGhee was guilty of two Counts of First Degree Murder? |
| 22-5901 | William Paul Burch v. Areya Holder Aurzada | Fifth Circuit | 2022-10-25 | Dismissed | IFP | bankruptcy bankruptcy-procedure bankruptcy-transparency corruption due-process fifth-amendment fourteenth-amendment fraud judicial-ethics salaried-employees transparency | Should a bankruptcy judge be obligated to grant due process to a debtor? |
| 22-377 | Steven Elmer Hinds v. Texas | Texas | 2022-10-24 | Denied | Relisted (2) | 4th-amendment 5th-amendment 6th-amendment constitutional-amendments due-process equal-protection fifth-amendment fourth-amendment policing-for-profit sixth-amendment | Is Texas Penal Code (T.P.C.) § 42.105 repugnant to the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 13th and 14th Amendments to the Constitution? |
| 22-372 | Skatemore, Inc., dba Roll Haven Skating Center, et al. v. Gretchen Whitmer, Governor of Michigan, et al. | Sixth Circuit | 2022-10-20 | Denied | Response Waived | due-process eleventh-amendment fifth-amendment fourteenth-amendment just-compensation sovereign-immunity takings-clause | Does the Fifth Amendment's requirement of 'just compensation' waive Eleventh Amendment Sovereign Immunity for a takings claim in federal court against… |
| 22-5828 | DeShaun Bullock v. United States | Eighth Circuit | 2022-10-14 | Denied | Relisted (10)IFP | acquittal criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-329 | Lu Tuan Nguyen v. David Ribal, et al. | California | 2022-10-07 | Denied | Response Waived | bias conservatee-estate constitutional-rights deception demurrer due-process fifth-amendment fourteenth-amendment judicial-bias | Whether the sustaining of the respondent's demurrer violates the Due Process Clause |
| 22-5790 | David Delva v. United States | Second Circuit | 2022-10-07 | Denied | Response WaivedIFP | appellate-counsel due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel precedent section-2255 sua-sponte warrantless-seizure | Whether appellate counsel was ineffective for failing to argue that Petitioner's Fifth Amendment right to be heard and due process were violated when … |
| 22-5769 | Donovan Lemont Bookman v. United States | Fifth Circuit | 2022-10-05 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-5752 | Ricardo M. Suggs, Jr. v. Warden, FCI Loretto | Third Circuit | 2022-10-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 14th-amendment 5th-amendment appellate-review concurrent-sentence-doctrine due-process equal-protection fifth-amendment fourteenth-amendment supreme-court-precedent | Whether the concurrent sentence doctrine can be applied to a petitioner with solely consecutive sentences |
| 22-5735 | Thomas A. Scott v. Lonnie Oliver, Superintendent, State Correctional Institution at Albion, et al. | Third Circuit | 2022-10-03 | Denied | IFP | constitutional-rights criminal-procedure due-process fair-trial fifth-amendment fourteenth-amendment fourth-amendment judicial-integrity judicial-review manifest-injustice sixth-amendment | Does the judgement of sentence represent a manifest injustice warranting the supervisory powers of this honorable court as it shakes societys confiden… |
| 22-5696 | Matt Nasuti v. Adrian Holm, et al. | Eighth Circuit | 2022-09-28 | Denied | Response WaivedIFP | administrative-law administrative-tribunals civil-rights constitutional-protections due-process fifth-amendment first-amendment fourteenth-amendment government-accountability secret-proceedings veterans-rights | Can Secret Trials Ever Be Constitutional? |
| 22-287 | Gail Lewis Hicks, et al. v. American Family Mutual Insurance Company, S.I. | Indiana | 2022-09-27 | Denied | Response Waived | court-of-appeals due-process fifth-amendment fifth-and-fourteenth-amendments fourteenth-amendment indiana-court-of-appeals indiana-supreme-court judgment-on-the-pleadings judicial-procedure summary-judgment | Whether the Indiana Supreme Court decided an issue without determining the effect of the Indiana Court of Appeals granting Respondent a summary judgme… |
| 22-282 | Randall Pavlock, et al. v. Eric J. Holcomb, Governor of Indiana, et al. | Seventh Circuit | 2022-09-26 | Denied | Amici (3)Response Waived | fifth-amendment fourteenth-amendment injunctive-relief judicial-taking property-rights standing state-court-decision takings | Whether a 'judicial taking' under the Fifth and Fourteenth Amendments is a cognizable cause of action |
| 22-5678 | Eugene Roberts v. Territory of the Virgin Islands | Virgin Islands | 2022-09-26 | Denied | Response WaivedIFP | brady-violation disclosure due-process fifth-amendment giglio-violation internal-affairs internal-affairs-report right-to-counsel sixth-amendment | Whether the Virgin Islands Supreme Court violated Appellant's constitutional right to due process and right to counsel |
| 22-5647 | Jose Antonio Guerrero-Yanez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-09-22 | Denied | IFP | 28-usc-2253 appeal certificate-of-appealability civil-rights due-process fifth-amendment fifth-circuit first-amendment rule-60b-motion standing | Did the Fifth Circuit misapply 28-USC-2253 by requiring a Certificate of Appealability for a Rule-60(b) motion, infringing First-Amendment and Due-Pro… |
| 22-5641 | Jay Eugene Reed v. United States | Third Circuit | 2022-09-21 | Denied | Response WaivedRelisted (2)IFP | charging-instrument constitutional-rights conviction due-process fifth-amendment sentencing sentencing-reasonableness sixth-amendment | Has the United States Court of Appeals for the Third Circuit violated the Fifth and Sixth Amendment to the United States Constitution by allowing an i… |
| 22-5630 | In Re William Harold Wright, Jr. | 2022-09-20 | Denied | IFP | adequate-relief appellate-jurisdiction civil-rights constitutional-violation criminal-pleading due-process exceptional-circumstances fifth-amendment judicial-discretion standing | Whether the exceptional circumstances warrant the exercise of the Court's discretionary powers | |
| 22-5585 | Mark Marvin v. Martha Peldunas, et al. | Second Circuit | 2022-09-15 | Denied | Response WaivedIFP | administrative-law due-process fifth-amendment fourteenth-amendment social-security statutory-interpretation supremacy-clause | Whether the court of appeals erred in holding that the state agency can require future social-security recipients to prematurely apply for reduced ben… |
| 22-5438 | Winfred Scott Simpson v. North Carolina Department of Public Safety | Fourth Circuit | 2022-08-24 | Denied | Relisted (2)IFP | and ineffective assistance of counsel unlawful detention compulsory-process due-process fifth-amendment fourteenth-amendment jencks-act miranda-rights right-to-present-defense self-defense sixth-amendment | Violation of Petitioner's 5th, 6th, and 14th Amendment rights regarding suppressed evidence |
| 22-5409 | Jamal A. Bowman v. Michigan | Michigan | 2022-08-19 | Denied | IFP | constitutional-law due-process eminent-domain fifth-amendment property-rights takings | Whether the lower court erred in its interpretation and application of the Takings Clause of the Fifth Amendment |
| 22-5345 | Gary Paul Karr v. United States | Fifth Circuit | 2022-08-15 | Denied | Relisted (11)IFP | acquitted-conduct criminal-sentencing cross-examination due-process fifth-amendment hearsay-statement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct underlying a charge for which t… |
| 22-5352 | Travis Thomas, Jr. v. United States | Fifth Circuit | 2022-08-15 | Denied | Response WaivedIFP | 5th-amendment criminal-procedure factual-description factual-distinction fifth-amendment grand-jury grand-jury-clause indictment-modification prescription-drug required-element trial-amendment | Does the Fifth Amendment's Grand Jury Clause prohibit a trial amendment altering a factually distinct description of a required element? |
| 22-5343 | In Re Quelyory A. Rigal | 2022-08-11 | Denied | IFP | criminal-procedure due-process duplicitous-indictment fifth-amendment habeas-corpus jury non-unanimous-verdict sixth-amendment | Whether a non-unanimous verdict in a criminal case violates the Fifth and Sixth Amendments | |
| 22-132 | Carlos Ruben Ruiz v. Massachusetts | Massachusetts | 2022-08-10 | Denied | Response RequestedResponse WaivedRelisted (2) | 14th-amendment 5th-amendment criminal-procedure demeanor-evidence due-process fair-trial fifth-amendment fourteenth-amendment jury-instructions | Whether the Fifth and Fourteenth Amendments forbid judges (or prosecutors) from instructing (or inviting) the jury to take into account a non-testifyi… |
| 22-5330 | Demetrius J. Wade v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2022-08-10 | Rehearing | Response WaivedRelisted (2)IFP | 14th-amendment 5th-amendment criminal-procedure due-process evidence-tampering fifth-amendment forensic-evidence fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel | Was petitioner's 5th and 14th Amendment rights violated when police tampered with evidence and removed bullet fragments recovered from the victim at h… |
| 22-5304 | Nuelito Morel-Vargas v. Connecticut | Connecticut | 2022-08-08 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment sixth-amendment waiver waiver-doctrine | Whether the Constitution requires a canvass on the right to testify |
| 22-5248 | Douglas A. Hoglan v. Virginia | Virginia | 2022-08-02 | Denied | IFP | constitutional-violation criminal-procedure due-process extrinsic-fraud fifth-amendment miranda-rights plea-agreement plea-bargain procedural-safeguards right-to-counsel right-to-due-process | Did the extrinsic-fraud deprive-Hooper-of-due-process |
| 22-99 | Andrew T. Barrett v. United States, et al. | Federal Circuit | 2022-08-02 | Denied | circuit-split due-process fannie-mae fifth-amendment freddie-mac government-expropriation government-taking net-worth-sweep property-rights statutory-interpretation takings | Whether the Government's uncompensated appropriation of private companies' earnings and net worth through the Net Worth Sweep effects a taking under t… | |
| 22-5239 | Edward Bishop v. Jonathan R. Hemingway, Warden | Sixth Circuit | 2022-08-01 | Denied | Response WaivedIFP | criminal-law criminal-statute double-jeopardy due-process federal-criminal-law fifth-amendment legal-interpretation offense-definition sentencing statutory-interpretation | Whether § 924(c) criminalizes two separate offenses to determine if the Petitioner was convicted of an offense § 924(c) does not criminalize? |
| 22-5218 | Reginald Dexter Carr, Jr. v. Kansas | Kansas | 2022-07-28 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment automatic-reversal due-process fifth-amendment fourteenth-amendment harmless-error sixth-amendment structural-error | Was the denial of Reginald Carr's Fifth, Sixth and Fourteenth Amendment rights to testify structural constitutional error requiring automatic reversal… |
| 22-5207 | Brandon L. Cooper v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-07-27 | Denied | IFP | brady-v-maryland due-process fifth-amendment fourth-amendment habeas-corpus ineffective-assistance-of-counsel | Whether the lower court's decision was based on an unreasonable application of clearly established federal law |
| 22-5185 | Thomas Creighton Shrader v. United States | Fourth Circuit | 2022-07-26 | Denied | Response WaivedIFP | 18-usc-3583 18-usc-3742 double-jeopardy federal-bureau-of-prisons fifth-amendment sentencing-guidelines statutory-interpretation supervised-release | When the Federal Bureau of Prisons is misapplying 18 U.S.C. 3583(a) [Supervised Release] not only to Petitioner, but to thousands (1000's) of Federal … |
| 22-5167 | Regis Storm Ervin v. United States | Fifth Circuit | 2022-07-22 | Denied | Response WaivedIFP | 18-usc-3583g constitutional-challenge criminal-sentencing due-process fifth-amendment mandatory-revocation sixth-amendment statutory-interpretation united-states-v-haymond | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-5146 | Dawud Canaan Sturrup Gabriel v. Melton Truck Lines | Tenth Circuit | 2022-07-21 | Denied | IFP | civil-rights due-process fifth-amendment first-amendment fourteenth-amendment judicial-proceedings standing tenth-circuit-review | Whether the U.S. Court of Appeals for the Tenth Circuit departed from the accepted judicial proceedings |
| 22-52 | Ariyan Incorporated, dba Discount Corner, et al. v. Sewerage & Water Board of New Orleans, et al. | Fifth Circuit | 2022-07-20 | Denied | Amici (5)Response RequestedResponse WaivedRelisted (2) | 14th-amendment 5th-amendment due-process eminent-domain fifth-amendment fourteenth-amendment government-taking inverse-condemnation just-compensation property-rights takings | May the government, consistent with the Fifth and Fourteenth Amendments' self-executing command of Just Compensation for takings of private property, … |
| 22-53 | Aaron G. Filler, et al. v. United States | Federal Circuit | 2022-07-20 | Denied | Response Waived | assignment-of-claims assignment-of-claims-act civil-procedure fifth-amendment government-taking just-compensation patent patent-infringement patent-rights takings | Can the Assignment of Claims Act remove the Fifth Amendment right to Just Compensation from the party with the right to exclude in a patent infringeme… |
| 22-5123 | Kevin Brazelton v. Tennessee | Tennessee | 2022-07-19 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment 6th-amendment courtroom-decorum due-process fair-trial fifth-amendment sixth-amendment stun-belt | Were the Petitioner's federal due process rights violated when the trial court denied a mistrial after the Petitioner was electrically shocked in fron… |
| 22-5127 | Edward Brown v. United States | First Circuit | 2022-07-19 | Denied | Response WaivedIFP | co-conspirators double-jeopardy fifth-amendment political-beliefs political-views procedural-reasonableness resentencing sentencing sentencing-disparities sentencing-guidelines | Did the district court violate the petitioner's rights under the Double Jeopardy Clause of the Fifth Amendment? |
| 22-5128 | My Loan Nguyen v. Michael Pallares, Warden | Ninth Circuit | 2022-07-19 | Denied | Response WaivedIFP | civil-rights criminal-procedure custodial-interrogation due-process fifth-amendment fundamental-rights miranda-rights ninth-circuit police-interrogation police-questioning | Whether the Ninth Circuit Court of Appeals violated petitioner's fundamental rights by ruling that the California Courts reasonably applied Miranda-v-… |
| 22-5112 | Roberto Hernandez-Aldama v. United States | Fourth Circuit | 2022-07-15 | Denied | Response WaivedIFP | 5th-amendment court-of-appeals criminal-procedure due-process evidence evidence-standard fifth-amendment judicial-interpretation methamphetamine sentencing | Whether the court of appeals violated the defendant's Fifth Amendment right to due process |
| 22-5087 | Dawud Canaan Sturrup Gabriel v. Melton Truck Lines | Tenth Circuit | 2022-07-13 | Denied | IFP | civil-rights due-process fifth-amendment first-amendment fourteenth-amendment judicial-review petition-for-redress tenth-circuit | whether-the-us-court-of-appeals-for-the-tenth-circuit-departed-from-the-accepted-course-of-judicial-proceedings |
| 22-25 | Roy Lynn McCutchen, et al. v. United States | Federal Circuit | 2022-07-08 | Denied | Amici (2) | agency-authority agency-rulemaking fifth-amendment government-power legislative-delegation legislative-rulemaking personal-property physical-taking property-rights redressability takings-clause | Does a delegation of general legislative rulemaking authority to an agency constitute an inherent restraint on title to any personal property that cou… |
| 22-5052 | Fox Joseph Salerno v. Arizona | Arizona | 2022-07-08 | Denied | Response WaivedIFP | 5th-amendment apprendi-rule constitutional-rights criminal-procedure due-process fifth-amendment grand-jury incorporation precedent subject-matter-jurisdiction | Should the U.S. Constitutional Fifth Amendment requiring indictments be applied to the States, thereby overturning precedence from 1884; Hurtado v. Ca… |
| 22-5012 | Kielan Brett Franklin v. United States | Ninth Circuit | 2022-06-30 | Denied | Response WaivedIFP | crime-of-violence due-process fifth-amendment guideline-range hearsay hearsay-statements hobbs-act sentencing sentencing-guidelines substantive-reliability | Is substantive reliability required under the due process clause when a district court relies on hearsay statements to enhance a person's sentencing G… |
| 21-8278 | Glen Hunsberger v. United States | Ninth Circuit | 2022-06-29 | Denied | Response WaivedIFP | drug-conspiracy drug-trafficking due-process fifth-amendment mens-rea statutory-interpretation vagueness vagueness-doctrine | Whether the aggregation of two statutes, one requiring specific intent and the other strict liability, results in a vague statute in contravention of … |
| 21-1590 | Rosemarie Austin v. Nationstar Mortgage LLC, et al. | Ninth Circuit | 2022-06-24 | Denied | Response Waived | 14th-amendment 5th-amendment civil-procedure discovery discovery-rights due-process fifth-amendment fourteenth-amendment judicial-discretion pro-se | Whether a litigant in pro se can be denied their right to due process under the 5th and 14th Amendments solely based on the court's assumption that th… |
| 21-1584 | Martin Louis Ballard v. United States | Fourth Circuit | 2022-06-23 | Denied | Response Waived | drug-conspiracy due-process fair-trial fifth-amendment ineffective-assistance ineffective-assistance-of-counsel mistrial murder-for-hire sixth-amendment | Is the right of Martin Ballard to due process of law under the Fifth Amendment and the right to a fair and impartial fact finder in his trial under th… |
| 21-8219 | Dante Danil Carter v. California | California | 2022-06-23 | Denied | IFP | 14th-amendment 5th-amendment criminal-procedure doyle-v-ohio due-process fifth-amendment fourteenth-amendment miranda miranda-rights post-miranda-silence self-incrimination | Whether the California trial court deprived Carter of his 5th and 14th Amendment rights by permitting the prosecution to impermissibly use his post-Mi… |
| 21-8222 | Abdur-Rashid Muhammad v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al. | Eighth Circuit | 2022-06-23 | Denied | Response WaivedIFP | amendment civil-procedure civil-rights due-process federal-courts fifth-amendment judicial-discretion leave-to-amend pro-se pro-se-litigants standards-of-practice standing | Whether the Fifth Amendment prohibits federal courts from holding pro se litigants to the same stringent standards as attorneys |
| 21-8224 | Arthur L. Gurbey v. United States | Second Circuit | 2022-06-23 | Denied | Response WaivedIFP | circuit-split compelled-self-incrimination criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph polygraph-testing self-incrimination supervised-release | Whether a condition of supervised release impermissibly compels a defendant to answer any questions posed during any examination during the period of … |
| 21-8172 | Juan Manuel Contreras-Zamora v. United States | Fifth Circuit | 2022-06-17 | Denied | Response WaivedIFP | criminal-procedure fifth-amendment interrogation interrogation-rights legal-communication miranda-rights re-initiation right-to-counsel self-incrimination suspect-invocation waiver | Whether a suspect who states 'Look man, 'm going to tell you just like this; I need my lawyer' must have a lapse of time before being deemed to have r… |
| 21-8159 | Danny Leon Lynch, Jr. v. United States | Fifth Circuit | 2022-06-16 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-8166 | Ricky Vincent Pendleton v. United States | Fourth Circuit | 2022-06-16 | Denied | Response WaivedIFP | constitutional-violation coram-nobis due-process fifth-amendment fourteenth-amendment newly-discovered-evidence prosecutorial-misconduct | Did the presentation of gruesome photographs to each grand juror violate the Fifth and Fourteenth Amendments? |
| 21-1568 | Austin Roger Carter v. Genesis Alkali LLC, et al. | Tenth Circuit | 2022-06-16 | Denied | appeal appeal-procedure attorney-client attorney-client-privilege civil-procedure civil-rights due-process fifth-amendment fourteenth-amendment professional-conduct standing | Whether Petitioner's Fifth and Fourteenth Amendments rights were violated | |
| 21-1557 | Dayonta McClinton v. United States | Seventh Circuit | 2022-06-14 | Denied | Amici (6)Response RequestedResponse WaivedRelisted (14) | criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 21-1562 | Jermel Leon Reed v. Harold W. Clarke, Director, Virginia Department of Corrections | Virginia | 2022-06-14 | Denied | Response Waived | 14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment grand-jury grand-jury-indictment ineffective-assistance-of-counsel sixth-amendment | Was Reed's right to a grand jury indictment secured by the Fourteenth and Fifth Amendment to the United States Constitution violated when Reed was not… |
| 21-8119 | Waymon J. Stepherson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-06-10 | Denied | IFP | 14th-amendment 5th-amendment brady-rights due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel right-against-self-incrimination self-incrimination voir-dire | Whether the lower court erred and abused its discretion in not finding petitioner was deprived of his 5th and 14th amendment rights |
| 21-8074 | Juan Jesus Barrieta-Barrera v. United States | Fifth Circuit | 2022-06-07 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-1511 | Joy Garner, Individually and on Behalf of The Control Group, et al. v. Joseph R. Biden, Jr., President of the United States | Ninth Circuit | 2022-06-02 | Denied | Amici (5)Relisted (2) | civil-rights constitutional-rights control-group due-process fifth-amendment government-action mandatory-vaccination scientific-evidence scientific-method standing standing-doctrine vaccine-mandate | Do the threatened members of the Control Group have standing to sue the President for systematically destroying their evidence and violating the panop… |
| 21-8006 | Charles A. Inko-Tariah v. Federal Medical Center Butner, NC, et al. | Fourth Circuit | 2022-06-01 | Denied | IFP | civil-rights constitutional-rights cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment fifth-amendment medical-malpractice unreasonable-search-and-seizure | Was the U.S Court of Appeals For The Fourth Circuit correct in affirming the dismissal of a lawsuit against Federal Medical Center, Butner, North Caro… |
| 21-8008 | In Re James Martin Graham | 2022-06-01 | Denied | IFP | criminal-jurisdiction criminal-procedure due-process federalism fifth-amendment habeas-corpus subject-matter-jurisdiction tenth-amendment | Did the indictment fail to charge an offense against the laws of the United States, because no jurisdiction has been ceded or accepted over the place … | |
| 21-8026 | William F. Kaetz v. Educational Credit Management Corporation, et al. | Third Circuit | 2022-06-01 | Denied | Response WaivedRelisted (2)IFP | bankruptcy bankruptcy-law constitutional-vagueness due-process fifth-amendment first-amendment standing statutory-interpretation takings vagueness | Is the statute 11 U.S.C. §523(a)(8) void for vagueness therefore unconstitutional? |
| 21-7983 | Allen James Harrison v. Louisiana | Louisiana | 2022-05-27 | Denied | Response WaivedIFP | due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargain sixth-amendment | Whether Petitioner was denied due process under the Fifth and Fourteenth Amendments when retained counsel admitted fault concerning a plea bargain, co… |
| 21-7996 | George Edward Purdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-05-27 | Denied | IFP | 5th-amendment blockburger-rule criminal-procedure double-jeopardy fifth-amendment jurisdiction plea-bargaining prosecutorial-discretion venue | Where identical charges are filed for the same alleged victim in multiple counties, is it a violation of the 5th Amendment double-jeopardy rule based … |
| 21-7975 | Amir Karim Beigali v. United States | Sixth Circuit | 2022-05-26 | Denied | Response WaivedIFP | 924-c consecutive-sentences constitutional-interpretation criminal-sentencing double-jeopardy due-process fifth-amendment mandatory-minimum section-924c sixth-amendment supervised-release | Whether the Fifth and Sixth Amendment prohibit a consecutive mandatory penalty under 18 U.S.C. § 924(c)(1)(C)(i) when the second § 924(c) offense was … |
| 21-7956 | Timothy McClendon v. Chris Brewer, Warden | Eighth Circuit | 2022-05-25 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights fifth-amendment fourteenth-amendment interrogation-technique miranda-rights miranda-v-arizona missouri-v-seibert sixth-amendment | Whether jurists of reason could debate the district court's conclusion that the detectives' actions were not a coordinated two-step interrogation tech… |
| 21-7948 | Femi Isijola v. Elizabeth A. Bielecki, Director, New Hampshire Division of Motor Vehicles | New Hampshire | 2022-05-24 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment driver's-license due-process fifth-amendment fourteenth-amendment motor-vehicle-registration pre-suspension-hearing | Whether NH. Revised Statute Ann. 260:10 violates the Due Process Clause |
| 21-7942 | P'erre Jones v. United States | Fifth Circuit | 2022-05-23 | Denied | Response WaivedIFP | 5th-amendment circuit-split criminal-procedure fifth-amendment polygraph polygraph-testing self-incrimination supervised-release | Whether a circuit split should be resolved regarding whether a condition of supervised release requiring submission to polygraph testing violates a De… |
| 21-1465 | Austin Channing McGraw v. Kentucky | Kentucky | 2022-05-20 | Denied | Response Waived | 4th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fifth-amendment fourth-amendment self-incrimination warrantless-search | Whether the government can advise a jury that a Defendant invoked his right against self-incrimination, and refused a consensual, warrantless search o… |
| 21-7910 | Kendrick Dwight Marshall v. United States | Fifth Circuit | 2022-05-18 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-7855 | James Wells Horsey v. Oklahoma | Oklahoma | 2022-05-13 | Denied | Relisted (2)IFP | blockburger-test constitutional-rights due-process eighth-amendment fifth-amendment first-amendment juvenile-pornography same-evidence-test sixth-amendment | Can possession of juvenile pornography be considered child or adult pornography? |
| 21-7864 | Andrew James Johnston v. United States | Seventh Circuit | 2022-05-13 | Denied | Response WaivedIFP | fifth-amendment land-use permit property-rights public-easement takings | Whether the Takings Clause of the Fifth Amendment prohibits the government from requiring a property owner to dedicate a public easement across their … |
| 21-7849 | Mark Stinson v. John P. Yates, Warden, et al. | Eighth Circuit | 2022-05-12 | Denied | IFP | 5th-amendment administrative-segregation confinement-standards constitutional-law due-process fifth-amendment inmate-rights prison-administration | What limits the Due Process Clause of the Fifth Amendment places on the authority of prison administrators to remove inmates from the general prison p… |
| 21-7818 | Kenneth Jay Moore v. Washington | Washington | 2022-05-10 | Denied | IFP | eminent-domain fifth-amendment just-compensation property-rights public-use takings-clause | Whether the Takings Clause of the Fifth Amendment prohibits the government from requiring a property owner to dedicate a portion of their property for… |
| 21-7825 | Charles Wycuff v. Ed Sheldon, Warden | Sixth Circuit | 2022-05-10 | Denied | Response WaivedIFP | constitutional-amendments due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment miscarriage-of-justice procedural-default sixth-amendment | Whether the procedural default creates a miscarriage of justice that denies Petitioner his fundamental rights |
| 21-7802 | In Re Jaime Rodriguez, aka Jay, et al. | 2022-05-09 | Denied | Response WaivedIFP | constitutional-rights due-process equal-protection fifth-amendment first-amendment fourteenth-amendment second-circuit uncontested-factual-circumstances united-states-court-of-appeals united-states-v-heymond united-states-v-merced writ-of-mandamus | Whether a Writ of Mandamus should issue | |
| 21-7805 | William Paul Burch v. Select Portfolio Servicing, Incorporated | Fifth Circuit | 2022-05-09 | Denied | Response WaivedIFP | civil-rights due-process fifth-amendment first-amendment free-speech frivolous-dismissal in-forma-pauperis pro-se-litigant removal sanctions | What is the complete legal definition of frivolous? |
| 21-7810 | Michael Geoffrey Peters v. Texas Department of Criminal Justice, et al. | Fifth Circuit | 2022-05-09 | Dismissed | IFP | due-process fifth-amendment land-use property-rights regulatory-takings takings-clause | Whether the Takings Clause of the Fifth Amendment prohibits the government from requiring a property owner to dedicate a public easement as a conditio… |
| 21-7768 | Jowell Travis LeGendre v. Virginia | Virginia | 2022-05-04 | Denied | Response WaivedIFP | conflict-of-interest constitutional-rights criminal-procedure due-process eighth-amendment fifth-amendment ineffective-assistance ineffective-counsel inquiry pre-trial | Were my rights to due process prejudiced when the court failed to conduct inquiry concerning pre-trial claims of ineffective counsel? |
| 21-1409 | Prince Bixler v. United States | Sixth Circuit | 2022-05-03 | Denied | Response Waived | controlled-substances cross-examination federal-rule-of-evidence-412 fifth-amendment prostitution sentencing-enhancement sex-trafficking sixth-amendment | Whether Bixler's rights under the Fifth and Sixth Amendments were violated |
| 21-1393 | Clarence Alexander, et al. v. Gwitchyaa Zhee Corporation, et al. | Ninth Circuit | 2022-04-29 | Denied | Response Waived | alaska-native-claims-settlement-act due-process fifth-amendment judicial-review land-reconveyance native-participation native-rights recoupment village-corporations | Whether the decisions by Alaska Native Village Corporations under the Alaska Native Claims Settlement Act to reconvey land under Section 14(c) must co… |
| 21-7669 | Thomas Hoey, Jr. v. United States | Second Circuit | 2022-04-21 | Denied | Response WaivedIFP | attorney-client-privilege civil-rights constitutional-law constitutional-rights criminal-procedure due-process fifth-amendment legal-precedent sixth-amendment | Does new precedent need to be set to protect the Fifth and Sixth Amendments, and the attorney-client privilege? |
| 21-7624 | Wilfredo Lee Lopez v. United States | Ninth Circuit | 2022-04-14 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split constructive-amendment criminal-enticement criminal-law due-process fifth-amendment indictment predicate-offense statutory-interpretation | Does 18 U.S.C. § 2422(b) require proof of a specific predicate offense? |
| 21-7602 | Karyn Kelley v. Mary Feeney | New Hampshire | 2022-04-12 | Denied | IFP | 14th-amendment 5th-amendment civil-procedure constitutional-interpretation constitutional-law due-process fifth-amendment fourteenth-amendment state-court supreme-court-review tribunal-judgment | Whether the State of New Hampshire Supreme Court erred in affirming the tribunal court's judgment that violated the requirement for Due Process under … |
| 21-7585 | Jayson McNeil v. United States | Fourth Circuit | 2022-04-11 | Denied | Response WaivedIFP | constitutional-rights due-process fifth-amendment fourth-amendment motion-to-suppress search-and-seizure traffic-stop | Did the Trial Court err in denial of the Petitioner's Motion to Suppress evidence from a traffic stop and resulting search and seizure that was uncons… |
| 21-7577 | Nicholas N. Kerr v. Florida | Florida | 2022-04-08 | Denied | IFP | automobile-exception carroll collins-v-virginia constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment fourth-amendment search-and-seizure | Whether Petitioner's Fourth, Fifth, and Fourteenth Amendment Rights to the United States Constitution Require this Court to vacate Petitioner's convic… |
| 21-7565 | Brandon James Lee v. Eddie M. Buffaloe, Jr., Secretary, North Carolina Department of Public Safety, et al. | Fourth Circuit | 2022-04-06 | Denied | IFP | civil-rights constitutional-rights criminal-procedure discretionary-review district-court due-process federal-courts fifth-amendment habeas-corpus standing | Whether the district court's fact-finding procedures were unduly prejudicial and denied petitioner a constitutional right |
| 21-7506 | Curtis Carr v. Illinois | Illinois | 2022-03-31 | Denied | IFP | 14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial fifth-amendment interrogation interrogation-techniques videotaped-evidence | Does the admissibility of videotaped interrogations in which the interrogating officers inject their conclusions about the suspect's guilt violate the… |
| 21-7499 | David Lopez Gonzales v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. | Ninth Circuit | 2022-03-30 | Denied | IFP | brady-v-maryland cullen-v-pinholster due-process exculpatory-evidence federal-habeas fifth-amendment habeas-corpus impeachment-evidence napue-v-illinois prosecutorial-misconduct | Does Cullen v Pinholster bar consideration of new evidence in federal habeas proceedings when the prosecutor presented false testimony to rebut the de… |
| 21-7468 | Nahid Kadir Moshrefi v. Colorado | Colorado | 2022-03-25 | Denied | IFP | constitutional-rights evidence fifth-amendment non-custodial police-questioning pre-arrest self-incrimination | Whether the Fifth Amendment protects an individual who invokes her privilege against self-incrimination during pre-arrest, non-custodial questioning b… |
| 21-7470 | Reggie Orlando Williams v. Texas | Texas | 2022-03-25 | Denied | IFP | constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment judicial-charging legal-procedure margin-of-error state-court state-prosecution | When the State of Texas failed to elect which charging transaction of the offense the State was going to have Petitioner convicted under, did this res… |
| 21-1291 | Rodney Muschette v. United States | Second Circuit | 2022-03-24 | Denied | Response Waived | 404(b)-evidence 5th-amendment circuit-split confrontation-clause due-process fifth-amendment fundamentally-unfair-trial hearsay-testimony sixth-amendment | Was Mr. Muschette denied his 5th Amendment right to due process? |
| 21-1260 | Kendi Narmer PakeyBey v. Luminant Mining Company, LLC | Fifth Circuit | 2022-03-17 | Denied | 14th-amendment 5th-amendment civil-rights constitutional-rights denial-of-rights due-process fifth-amendment fourteenth-amendment legal-protections procedural-due-process procedural-protections standing | Whether the Petitioners' 5th and 14th Amendment rights were violated under its procedural due process clause by being denied procedural protections | |
| 21-7410 | In Re Eduardo Pineda | 2022-03-17 | Denied | Relisted (2)IFP | constitutional-liberty due-process ex-parte-watkins fifth-amendment fourth-amendment gonzales-v-raich habeas-corpus liberty marijuana marijuana-prohibition | Whether the federal prohibition on the cultivation, possession, and consumption of marijuana violates the petitioner's constitutional rights, includin… | |
| 21-1254 | Allen Bregman v. Florida | Florida | 2022-03-16 | Denied | burden-of-proof circumstantial-evidence due-process ex-post-facto fifth-amendment fourteenth-amendment pre-indictment-delay sixth-amendment tactical-advantage united-states-v-lovasco | Whether United States v. Gouveia departed from the two-tier test for determining a due-process violation | |
| 21-7376 | Khalil Stafford v. United States | Third Circuit | 2022-03-15 | Denied | Response WaivedIFP | double-jeopardy fifth-amendment jury-dismissal murder new-jersey rico rico-offense sixth-amendment state-law-prosecution vicar | Does the Double Jeopardy Clause preclude a Federal jury from considering petitioner's guilt for murder under New Jersey law after a New Jersey jury ac… |
| 21-7355 | Jon Charles Vance v. United States | Sixth Circuit | 2022-03-14 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process fifth-amendment jury reasonable-doubt | Whether the Petitioner Jon Charles Vance was denied his fundamental right under the Fifth Amendment to Due Process |
| 21-7339 | Robert Donald Gordon v. United States | Sixth Circuit | 2022-03-11 | Denied | Response WaivedIFP | civil-rights constitutional-jurisdiction constitutional-limits due-process federal-state-powers fifth-amendment fourth-amendment ineffective-counsel jurisdiction procedural-default standing | Did the courts act outside of their jurisdictions? |
| 21-7308 | Deon D. Colvin v. Howard University | District of Columbia | 2022-03-08 | Denied | Response WaivedIFP | civil-procedure civil-rights due-process fifth-amendment fourteenth-amendment issue-preclusion pleadings pro-se pro-se-litigant procedural-due-process standing | Whether the D.C. Court of Appeals violated the petitioner's Fifth and Fourteenth Amendment rights to due process by failing to consider all of the pet… |
| 21-7296 | Frank C. Gonzalez v. California | California | 2022-03-07 | Denied | IFP | 5th-amendment 6th-amendment aggravating-circumstances constitutional-rights death-penalty due-process fifth-amendment jury jury-finding sixth-amendment | Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory m… |
| 21-7263 | Michael Halford v. Louisiana | Louisiana | 2022-03-03 | Denied | Response WaivedIFP | due-process equal-protection fair-trial fifth-amendment fourteenth-amendment self-incrimination spousal-privilege | Whether the denial of Petitioner's Spousal Privilege to exclude testimony at trial violated his rights against self-incrimination, due process, equal … |
| 21-7265 | Victor L. Manns, Jr. v. Florida | Florida | 2022-03-03 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process fifth-amendment implied-waiver miranda-rights self-incrimination testimony | Whether a suspect can provide an implied waiver of Miranda rights when a detective admits under oath that the suspect was not properly Mirandized |
| 21-1200 | Sherif A. Philips v. Pitt County Memorial Hospital, Inc. | Ninth Circuit | 2022-03-03 | Denied | civil-rights diversity-jurisdiction due-process equal-protection federal-question-jurisdiction fifth-amendment first-amendment fourteenth-amendment fraud-upon-the-court personal-jurisdiction | Whether the unrecognized transfer of a case from the Guam Superior Court to the Guam District Court, despite a lack of jurisdiction, led to a default … | |
| 21-7252 | Terrance Stinson, aka T-Rock v. United States | Second Circuit | 2022-03-02 | Denied | Response WaivedIFP | acquitted-conduct constitutional-rights due-process fifth-amendment jury-guarantee jury-trial sentencing sixth-amendment | Whether sentencing based on acquitted conduct violates the Sixth Amendment jury guarantee and the Fifth Amendment Due Process Clause |
| 21-7222 | Hugo Valencia Mendoza v. United States | Eleventh Circuit | 2022-02-28 | Denied | Response WaivedIFP | constitutional-law criminal-law criminal-procedure due-process fifth-amendment sentencing-guidelines statutory-interpretation united-states-sentencing-guidelines vagueness-doctrine | Is the term 'involved' under Section 2D1.1(b)(5) of the United States Sentencing Guidelines Unconstitutional under the Vagueness Doctrine through the … |
| 21-1185 | Rufino Valdez-Lopez v. United States | Ninth Circuit | 2022-02-28 | Denied | circuit-split collateral-attack criminal-procedure due-process fifth-amendment judicial-vindictiveness sentencing sentencing-procedure sixth-amendment | Whether the Pearce presumption of judicial vindictiveness applies when a second (new) sentencer imposes a harsher sentence following a successful coll… | |
| 21-7183 | Ruth Diaz-Burgos v. United States | Eleventh Circuit | 2022-02-23 | Denied | Response WaivedIFP | criminal-procedure district-court federal-rules-of-criminal-procedure fifth-amendment interrogation plea-bargaining plea-colloquy self-incrimination | Whether Rule 11(b) requires advice of Fifth Amendment rights before plea colloquy interrogation |
| 21-1136 | M. S. v. J. B. | Massachusetts | 2022-02-17 | Denied | due-process equal-protection ex-parte-order ex-parte-restraining-orders false-impression-of-dangerousness fifth-amendment fourteenth-amendment records-expungement restraining-order vacated-orders | due-process | |
| 21-7119 | Victor Carlos Castano v. United States | Sixth Circuit | 2022-02-15 | Denied | IFP | burden-of-proof criminal-procedure enterprise fifth-amendment grand-jury jury-instructions proffer-agreement rico-conspiracy sentencing sentencing-enhancement | Whether the government was impermissibly relieved of its burden to prove each element of RICO Conspiracy |
| 21-7128 | Cornelius Riley v. United States | Third Circuit | 2022-02-15 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sentencing drug-offense due-process fifth-amendment jury-trial sentencing-guidelines sixth-amendment | Should the reasoning of Apprendi, Alleyne, and Peugh be extended to cases where a defendant's sentencing guideline range increases significantly due t… |
| 21-1095 | "I Am" School, Inc. v. City of Mount Shasta, California | California | 2022-02-07 | Denied | Response Waived | cannabis-regulation civil-rights due-process fifth-amendment just-compensation property-rights retroactive-overruling rule-of-law school-protection takings | Whether state appellate courts, consistent with the Fifth and Fourteenth Amendments, may apply prospective overruling retroactively to a litigant's ca… |
| 21-7047 | In Re Daren Kareem Gadsden | 2022-02-03 | Dismissed | IFP | constitutional-violation criminal-indictment criminal-procedure double-jeopardy due-process federal-indictment federal-jurisdiction fifth-amendment sentencing sentencing-authority | Whether the U.S. District Court exceeded its authority and/or jurisdiction | |
| 21-7025 | Derrick Garrell Samuels v. United States | Sixth Circuit | 2022-02-01 | Denied | Response WaivedIFP | confrontation-rights due-process equal-protection expert-testimony fair-trial fifth-amendment jury-composition jury-selection prosecutorial-misconduct racial-discrimination sixth-amendment | Whether Samuel's Fifth Amendment rights were violated when he was forced to proceed to trial as the only black person in the courtroom |
| 21-1063 | Elaine Davis v. United States | Fifth Circuit | 2022-02-01 | Denied | Response Waived | conspiracy criminal-acquittal due-process fifth-amendment health-care-fraud presumption-of-innocence statutory-interpretation unjust-compensation unjust-conviction-and-imprisonment | Whether 28 U.S.C. § 2513's requirement that a defendant acquitted because of insufficient evidence must affirmatively disprove the factual allegations… |
| 21-6993 | Damon Willis v. United States | Eighth Circuit | 2022-01-27 | Denied | Response WaivedIFP | 2nd-amendment criminal-law due-process fifth-amendment firearm-possession firearms jury-instruction jury-instructions prohibited-status rehaif-v-united-states sixth-amendment sovereign-citizen | Does Rehaif v. United States preclude a jury instruction that the federal government must prove a defendant knew his prohibited status made it illegal… |
| 21-6961 | Mauro C. Palacio v. Justin Caraway, et al. | Fifth Circuit | 2022-01-26 | Denied | Response WaivedIFP | appellate-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-admission fifth-amendment fourth-amendment judicial-discretion procedural-error | Whether the Court of Appeals erred in holding that the petitioner abandoned, through failure to brief, a separate claim that he is subject to an illeg… |
| 21-6851 | Joel Quiles v. Massachusetts | Massachusetts | 2022-01-14 | Denied | Response WaivedIFP | acquittal constitutional-rights criminal-conviction double-jeopardy due-process felony-murder fifth-amendment first-degree-murder trial-procedure | Did the defendant's conviction for first degree felony murder violate his constitutional right against double jeopardy? |
| 21-6873 | Juan J. Torres v. Illinois | Illinois | 2022-01-14 | Denied | IFP | appellate-court court-denial criminal-procedure custody-violation due-process fifth-amendment jurisdiction jurisdictional-challenge legal-procedure miranda-rights right-to-counsel sixth-amendment | What was the United States Supreme Court ruling about informing a suspect about having a lawyer present during questioning? |
| 21-6834 | In Re Hosea Jackson | 2022-01-13 | Denied | IFP | acquittal aiding-and-abetting criminal-liability double-jeopardy fifth-amendment hobbs-act insufficient-evidence jeopardy judicial-precedent | Whether judicial precedent concerning double jeopardy defines an acquittal to encompass any ruling that the prosecutions proof is insufficient to esta… | |
| 21-6838 | Bernard Steven Boyd v. United States | Fourth Circuit | 2022-01-13 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment guideline-sentence guideline-sentencing judicial-discretion sentencing sentencing-variance upward-variance | Did the Trial Court provide insufficient information or explanation to an upward variance in the Petitioner's Guideline Sentence, from a range of 51 t… |
| 21-6827 | Ryan Thomas Pick v. Virginia | Virginia | 2022-01-12 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process eighth-amendment electronic-surveillance fifth-amendment fourth-amendment free-speech miranda-rights search-and-seizure sixth-amendment standing | 4th-amendment-rights,electronic-communication-privacy-act,5th-amendment-rights,6th-amendment-rights,8th-amendment-rights,sex-offender-registration |
| 21-990 | Aldrich L. Boss, as Personal Representative of the Estate of Stewart R. Crane v. United States, et al. | First Circuit | 2022-01-12 | Denied | Response Waived | 5th-amendment bona-fide-purchase fifth-amendment forfeiture innocent-owner-defense property-forfeiture public-record standing takings-clause | Whether the Fifth Amendment's Takings Clause permits the establishment of a new category of property for forfeiture purposes |
| 21-6818 | Arron Lawson v. Ohio | Ohio | 2022-01-11 | Denied | IFP | 5th-amendment 8th-amendment capital-offenses competency competency-evaluation constitutional-rights criminal-procedure death-penalty due-process eighth-amendment fifth-amendment state-court-proceedings | Does a state Court proceeding resulting in a death sentence violate the Fifth and Eighth Amendments when the court fails to ensure the defendant's com… |
| 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… |
| 21-6765 | Hitoshi Ombe v. George Cook, et al. | Tenth Circuit | 2022-01-06 | Denied | Relisted (2)IFP | civil-rights constitutional-liberty due-process equitable-tolling fifth-amendment mental-disability pro-se pro-se-litigant | How the Court should respond to pro se litigant with mild mental disability, e.g., highly functional autism disability (i.e., least severe autism spec… |
| 21-6757 | Dimitar Petlechkov v. United States | Sixth Circuit | 2022-01-04 | Denied | Response WaivedIFP | certificate-of-appealability due-process effective-assistance-of-counsel fair-trial fifth-amendment first-amendment judicial-review judicial-reviewability perjury sixth-amendment | Is judicial reviewability of a trial attorney's failure to impeach a key prosecution witness with regard to the most critical and material aspect of t… |
| 21-6761 | Patrick Killen, Jr. v. United States | Eleventh Circuit | 2022-01-04 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment 6th-amendment due-process fifth-amendment fourth-amendment mlat mlat-evidence search-warrant sixth-amendment | Whether this Court should visit the issue of allowing law enforcement to gather information initiated by the United States to use a Mutual Legal Assis… |
| 21-945 | Wisconsin v. Manuel Garcia | Wisconsin | 2021-12-27 | Denied | confession criminal-confession criminal-procedure cross-examination due-process evidence-exclusion fifth-amendment miranda-warning miranda-warnings misleading-jury witness-testimony | Can a criminal defendant's cross-examination of a witness for the State, designed to mislead the jury, open the door to the introduction of the defend… | |
| 21-6713 | Andrew U. D. Straw v. United States | Federal Circuit | 2021-12-23 | Dismissed | Response WaivedIFP | civil-procedure court-jurisdiction due-process fifth-amendment judicial-takings law-license property-rights regulatory-takings takings tucker-act | Whether the rule that the Court of Federal Claims cannot review other courts' final orders is wrongly applied |
| 21-934 | Lana Weinbach v. The Boeing Company, et al. | Eighth Circuit | 2021-12-23 | Denied | Response WaivedRelisted (2) | amendment-interpretation capable-of-ascertainment constitutional-rights due-process eighth-circuit escheat-laws fifth-amendment fourteenth-amendment fourth-amendment legal-scrutiny ninth-amendment | Whether the Eighth Circuit exceeded its scope in determining a capable-of-ascertainment criterion, and in so doing, infringed upon constitutional-righ… |
| 21-6706 | Billy Dean Smith v. United States | Ninth Circuit | 2021-12-22 | Denied | Response WaivedIFP | burden-of-proof due-process fifth-amendment hearsay judicial-discretion sentencing uncharged-felony | Did the district court violate Mr. Smith's Fifth Amendment Due Process rights by relying on unreliable, unsupported hearsay to, first, find that Mr. S… |
| 21-6667 | Thomas Orville Bastian v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. | Ninth Circuit | 2021-12-20 | Denied | Response WaivedIFP | collateral-review constitutional-protections due-process fifth-amendment interrogation-rights procedural-default right-to-counsel shackling waiver-of-counsel | Whether state courts denied Bastian the constitutional protections due to him under the Fifth Amendment by finding that he had voluntarily waived the … |
| 21-898 | Blake Conyers, et al. v. City of Chicago, Illinois | Seventh Circuit | 2021-12-17 | Denied | Response RequestedResponse WaivedRelisted (2) | circuit-split due-process fifth-amendment fourth-amendment inventory-search municipal-policy property-rights property-seizure | May a municipality, consistent with the Fourth and Fifth Amendments and pursuant to an explicit policy, destroy or sell property seized during the inv… |
| 21-892 | Micah James Patterson v. Virginia | Virginia | 2021-12-16 | Denied | Response Waived | appellate-jurisdiction constitution constitutional-amendment criminal-procedure double-jeopardy due-process fifth-amendment grand-jury judicial-authority | Does any court have the authority to amend the United States Constitution by fiat and extinguish a defendant's Fifth Amendment rights? |
| 21-6599 | Jeffrey Clinton Michalik v. United States | Fifth Circuit | 2021-12-15 | Denied | Response WaivedIFP | civil-rights constitutional-rights custodial-interrogation fifth-amendment fourth-amendment law-enforcement-seizure miranda-warnings seizure | Does the holding in Torres v. Madrid require Miranda warnings before custodial interrogation? |
| 21-6614 | Mario Martell Spencer v. United States | Eighth Circuit | 2021-12-15 | Denied | Response WaivedIFP | commerce-clause criminal-law fifth-amendment hobbs-act interstate-commerce sentencing sentencing-enhancement witness-tampering | Whether the Hobbs Act, in accordance with constitutional limits, only punishes a robbery when the Government proves that the robbery itself affected i… |
| 21-6623 | Gustav Kloszewski v. United States | Second Circuit | 2021-12-15 | Denied | Response WaivedIFP | attorney-client-privilege constitutional-rights court-appointed-counsel criminal-procedure fifth-amendment ineffective-assistance-of-counsel sixth-amendment | Whether Kloszewski's Fifth and Sixth Amendment rights were violated when court-appointed counsel divulged conversations about other uncharged/unrelate… |
| 21-882 | Esteban Gaspar-Felipe v. United States | Fifth Circuit | 2021-12-15 | Denied | Amici (4)Response Waived | 5th-amendment 6th-amendment acquitted-conduct criminal-sentencing due-process fifth-amendment jury-trial sixth-amendment | Whether acquitted-conduct sentencing violates the Fifth Amendment's Due Process Clause or the Sixth Amendment's right to jury trial |
| 21-6556 | Richard Bernard Grundy, III v. United States | Seventh Circuit | 2021-12-10 | Denied | Response WaivedIFP | court-appointed-counsel criminal-procedure due-process faretta-v-california fifth-amendment judicial-discretion self-representation sixth-amendment | Whether the United States Court of Appeals for the Seventh Circuit and the District Court deprived Richard Grundy of his Fifth and Sixth Amendment rig… |
| 21-6574 | Robert Tracy Warterfield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-12-10 | Denied | IFP | appellate-jurisdiction constitutional-procedure contracts-clause due-process fifth-amendment first-amendment fourteenth-amendment interlocutory-appeal plea-agreements right-to-petition | Can a lawfully perfected interlocutory appeal be mooted prior to resolution |
| 21-6517 | Mark Stinson v. K. Cauley, et al. | Eighth Circuit | 2021-12-07 | Denied | Response RequestedRelisted (3)IFP | 5th-amendment 8th-amendment administrative-segregation civil-rights constitutional-limits due-process fifth-amendment inmate-rights prison-administration | What limits the Due Process Clause of the Fifth Amendment places on the authority of prison administrators to remove inmates from the general prison p… |
| 21-6545 | Debra A. Nichols v. William Paul Nichols, et al. | Sixth Circuit | 2021-12-07 | Denied | Response WaivedIFP | 5th-amendment ada americans-with-disabilities-act equal-protection fifth-amendment government-employees medical-privacy state-actors warrantless-search warrantless-searches | Can state actors and/or government employees violate the equal protection clause of the 5th amendment of people considered disabled under the ADA? |
| 21-6552 | Keith Carr v. Steve Kallis, Warden | Eighth Circuit | 2021-12-07 | Denied | Response WaivedIFP | 28-u.s.c.-2241 due-process fifth-amendment fundamental-miscarriage-of-justice habeas-corpus liberty-interest miscarriage-of-justice section-2241 section-851 sentencing-enhancement title-21-enhancement | whether-an-unlawful-application-of-an-enhancement-pursuant-to-title-21-u.s.c.-851-amounts-to-a-fundamental-misscarriage-of-justice |
| 21-6500 | Jermaine Neal v. Mississippi | Mississippi | 2021-12-03 | Denied | Response WaivedIFP | actual-innocence constructive-amendment criminal-investigation due-process false-confession fifth-amendment fourteenth-amendment perjury self-incrimination sixth-amendment | When a citizen of the United States becomes a suspect in a criminal investigation for homicide and is induced to give false statements, does the due-p… |
| 21-820 | Louisiana v. Christopher Alexander | Louisiana | 2021-12-02 | Denied | circuit-split coerced-confession due-process fifth-amendment fruits-doctrine miranda-violation | Whether a later voluntary statement must be suppressed as the fruits of statement taken in violation of Miranda? | |
| 21-6455 | Anthony Pretty On Top v. United States | Ninth Circuit | 2021-12-01 | Denied | Response WaivedIFP | amendment-violation appellate-review constitutional-rights district-court due-process eighth-amendment fifth-amendment fourteenth-amendment legal-standard | Whether the court erred in affirming the district court's decision that petitioner's Fifth, Eighth, and Fourteenth Amendment rights were not violated? |
| 21-808 | Kimberley Ann Gunnarson, et al. v. Texas | Texas | 2021-12-01 | Denied | Response Waived | 14th-amendment billboard constitutional-law due-process eminent-domain fifth-amendment just-compensation property-code takings takings-clause | Does Texas' refusal to recognize sign rental income from billboards on real property violate the Fourteenth Amendment to the United States Constitutio… |
| 21-6435 | James Worley v. Ohio | Ohio | 2021-11-29 | Denied | IFP | capital-conviction capital-punishment constitutional-rights fair-jury fifth-amendment fourteenth-amendment jury-selection sixth-amendment voir-dire | Is a capital conviction and sentence invalid and imposed in violation of the capital defendant's constitutional rights to a fair jury under the Fifth,… |
| 21-6404 | Ngoc Hong Nguyen v. United States | Fifth Circuit | 2021-11-24 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment parole sentencing sixth-amendment | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-6405 | Ashley McArthur v. Florida | Florida | 2021-11-24 | Denied | IFP | 5th-amendment 6th-amendment criminal-procedure custodial-interrogation due-process fifth-amendment involuntary-confession law-enforcement miranda-rights self-incrimination waiver-of-rights | Whether a law enforcement officer's violation of a defendant's rights set forth in Miranda v. Arizona, 384 U.S. 436 (1966), renders a subsequent waive… |
| 21-765 | In Re Kelaco Corporation, dba Kelaco Construction Company | 2021-11-23 | Denied | Response Waived | access-to-courts appellate-review due-process fifth-amendment first-amendment fourteenth-amendment | Where a Florida state appellate court finds enough merit to an appeal such that it holds an oral argument but, after the oral argument, refuses to iss… | |
| 21-6368 | Suzanne Elizabeth Wexler v. Texas | Texas | 2021-11-22 | Denied | Response WaivedIFP | civil-rights due-process fifth-amendment fourth-amendment investigative-detention miranda miranda-custody police-authority search-warrant terry-stop | Whether Fourth Amendment reasonableness concerns have any bearing on a determination of custody under Miranda |
| 21-6349 | Victor Hurns v. Mississippi | Mississippi | 2021-11-19 | Denied | Response WaivedIFP | civil-rights constitutional-law criminal-procedure double-jeopardy due-process fifth-amendment judicial-acquittal judicial-review legal-procedure newly-discovered-evidence statutory-interpretation | Whether the denial of petitioners' request for a new trial based on newly discovered evidence violates the Due Process Clause of the Fourteenth Amendm… |
| 21-6326 | Farand Skinner v. Kentucky | Kentucky | 2021-11-18 | Denied | IFP | brady-v-maryland brady-violation constitutional-rights due-process exculpatory-evidence fifth-amendment napue-v-illinois prosecutorial-misconduct supreme-court-review | Did the Kentucky Supreme Court violate Mr. Skinner's rights under the Fifth Amendment to the United States Constitution and issue a decision contrary … |
| 21-6336 | Darrin Lashaon Betts v. United States | Fifth Circuit | 2021-11-18 | Denied | Response WaivedIFP | 18-usc-3582 21-usc-841(a)(1)-(b)(1)(a) amendment-782 criminal-procedure fed-r-crim-p-11(c)(1)(c) fifth-amendment fourteenth-amendment plea-agreement sentencing-guidelines statutory-law type-c-agreement | Whether a defendant is eligible for 18 U.S.C. § 3582(c)(1)(2) relief |
| 21-6287 | Mario Hernandez-Galarza v. United States | Eleventh Circuit | 2021-11-17 | Denied | Response WaivedIFP | criminal-history discrimination due-process equal-protection fifth-amendment immigration-law liberty noncitizen-rights sentencing-guidelines | Whether U.S.S.G. § 2L1.2(b)(3) is unconstitutional |
| 21-6311 | Curtis R. Gaylord v. Denis R. McDonough, Secretary of Veterans Affairs | Federal Circuit | 2021-11-17 | Denied | Response WaivedRelisted (2)IFP | administrative-law congressional-intent constitutional-rights discretionary-authority due-process fifth-amendment property-rights public-policy va-proceedings va-regulations veterans-benefits | Are Veterans benefits a property right/interest protected under the United States Constitution, Fifth Amendment? |
| 21-735 | Jim Olive Photography, dba Photolive, Inc. v. University of Houston System | Texas | 2021-11-17 | Denied | Response RequestedResponse WaivedRelisted (2) | cedar-point-nursery copyright-infringement fifth-amendment fourteenth-amendment government-appropriation right-to-exclude takings-clause | Whether the government's appropriation of a copyright owner's right to exclude constitutes a per se taking under the Fifth and Fourteenth Amendments i… |
| 21-6268 | Cesar Martinez v. United States | First Circuit | 2021-11-15 | Denied | Response WaivedRelisted (2)IFP | criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-acquittal sentencing-enhancement sixth-amendment trial-by-jury | Whether basing a criminal defendant's sentence on conduct underlying a charge for which the jury acquitted him violates his rights to due process and … |
| 21-6273 | Nathan R. Rollins, Jr. v. United States | Tenth Circuit | 2021-11-15 | Denied | Response WaivedIFP | advisory-sentencing-guidelines booker-standard criminal-conduct criminal-sentencing due-process fifth-amendment preponderance-of-evidence preponderance-of-the-evidence sentencing-guidelines sixth-amendment united-states-v-booker | Whether the Tenth Circuit's holding perpetuates the error this Court sought to address in United States v. Booker, 543 U.S. 220 (2005) |
| 21-703 | RLR Investments, LLC v. City of Pigeon Forge, Tennessee | Sixth Circuit | 2021-11-15 | Denied | 42-usc-1983 civil-procedure civil-rights due-process exxon-mobil fifth-amendment interlocutory-order property-taking rooker-feldman rooker-feldman-doctrine state-court-order takings | Whether a United States District Court can dismiss claims brought under 42 U.S.C. § 1983 and the Fifth Amendment due to an interlocutory state court o… | |
| 21-715 | In Re Jody Tremayne Wafer | 2021-11-15 | Denied | Relisted (2) | 4th-amendment 5th-amendment constitutional-liberty criminal-justice drug-crime drug-policy due-process fifth-amendment fourth-amendment habeas-corpus | Is the incarceration of the petitioner for a marijuana-related offense a violation of their constitutional rights? | |
| 21-6250 | Joel Rivera-Alejandro v. United States | First Circuit | 2021-11-12 | Denied | Response WaivedIFP | 6th-amendment constitutional-rights due-process excessive-delay fifth-amendment indictment multi-defendant sixth-amendment speedy-trial trial-delay | Whether Petitioners Constitutional Fifth Amendment's Right to Due Process of Law and his Sixth Amendment Right to a Speedy Trial were violated |
| 21-6253 | Baltazar Aguirre-Rivera v. United States | Fifth Circuit | 2021-11-12 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment jury-trial mandatory-minimum sentencing sixth-amendment special-interrogatory | When a jury's answer to a special interrogatory negates an element of the charged offense, must a district court enter a judgment of acquittal when th… |
| 21-6215 | Lawrence Oakie, aka LBJ v. United States | Eighth Circuit | 2021-11-09 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sixth-amendment | Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments |
| 21-6222 | Marc E. Bercoon v. United States | Eleventh Circuit | 2021-11-09 | Denied | IFP | bank-of-nova-scotia-v-us chapman-v-california constitutional-rights due-process fifth-amendment grand-jury harmless-error judicial-review prosecutorial-misconduct | Whether Feritiener's rights were violated |
| 21-6195 | Ronald C. Fairchild v. Kentucky | Kentucky | 2021-11-05 | Denied | IFP | constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment martinez-claim martinez-v-ryan post-conviction-relief sixth-amendment | Did the Kentucky Court of Appeals allow Mr. Fairchild's rights under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, as… |
| 21-6146 | Keenan Rollerson v. United States | Seventh Circuit | 2021-11-02 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether a sentencing judge increasing a criminal defendant's punishment for acts charged but acquitted by the jury violates the jury trial guarantee o… |
| 21-6114 | Hewitt A. Grant, II v. Florida | Florida | 2021-11-01 | Denied | IFP | civil-rights constitutional-rights criminal-prosecution due-process equal-protection fair-trial fifth-amendment racial-discrimination standing systematic-exclusion | Was Petitioner Racially Discriminated because he is Black? |
| 21-6137 | Vassily Anthony Thompson v. United States | Ninth Circuit | 2021-11-01 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process fifth-amendment grand-jury indictment sentencing | Does it offend the Fifth Amendment right to a grand jury for a court to ignore legally relevant elements of an offense charged by a grand jury in an i… |
| 21-623 | Anthony Penton v. A. Malfi, Warden | Ninth Circuit | 2021-10-28 | Denied | Amici (1)Response Waived | brady-evidence brady-v-maryland criminal-procedure due-process fifth-amendment prior-convictions prosecutorial-misconduct sentencing-enhancement sixth-amendment suppressed-evidence | Whether evidence covered by Brady v. Maryland is considered suppressed under the Fifth Amendment regardless of the defendant's knowledge |
| 21-616 | Lee W. Yeager v. FirstEnergy Generation Corporation | Sixth Circuit | 2021-10-27 | Denied | Response Waived | civil-procedure dismissal district-court due-process federal-procedure fifth-amendment legal-redress notice opportunity-to-be-heard pleading-amendment standing | Whether a federal district court's outright dismissal of a stayed action without having first lifted that stay, to permit ruling on plaintiffs pending… |
| 21-6077 | Torri McCray v. United States | Second Circuit | 2021-10-26 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split due-process fact-finding fentanyl-analogue fifth-amendment sentencing statutory-interpretation statutory-maximum uncharged-conduct | As every Federal Court of Appeals has now taken a position, should this Court resolve the Circuit split as to the proper fact-finding standard for unc… |
| 21-6081 | Gerund Mickens, aka Breeze v. United States | Second Circuit | 2021-10-26 | Denied | Response WaivedIFP | brady-disclosure brady-v-maryland confrontation-clause criminal-investigation due-process evidence-preservation fifth-amendment sixth-amendment | Whether Brady v. Maryland, 373 U.S. 83 (1963), the due process clause of the Fifth Amendment, and the confrontation clause of the Sixth Amendment requ… |
| 21-610 | Louis S. Shuman, et ux. v. Commissioner of Internal Revenue | Fourth Circuit | 2021-10-26 | Denied | Response WaivedRelisted (2) | court-rules due-process federal-court-rules federal-statutes fifth-amendment jurisdiction jurisdictional-grounds tax-court | Whether an Order of the United States Tax Court is deemed final, and legally enforceable, including enforcement on jurisdictional grounds, when the U.… |
| 21-6058 | David James Lola v. Florida | Florida | 2021-10-22 | Denied | Relisted (2)IFP | constitutional-interpretation criminal-procedure due-process federal-judiciary fifth-amendment fourteenth-amendment judicial-bias judicial-review legislative-review separation-of-powers sixth-amendment state-sovereignty | Does due process pursuant to the Fifth, Sixth, and Fourteenth Amendments dictate that a state court clerk may assign a criminal case to a judge who ex… |
| 21-6053 | Jimmie Barge v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2021-10-22 | Denied | Response WaivedIFP | alleyne apprendi apprendi-violation certificate-of-appealability confrontation-clause due-process equal-protection fifth-amendment prison-releasee-reoffender sixth-amendment | Is the Florida State trial court erring when sentencing Petitioner to minimum mandatory term of life in.prison because the Prison Releasee Reoffender … |
| 21-6037 | Brian David Hill v. United States | Fourth Circuit | 2021-10-21 | Denied | Response WaivedRelisted (2)IFP | civil-procedure due-process fifth-amendment fraud hazel-atlas hazel-atlas-motion judicial-fraud motion-to-vacate supervisory-powers uncontested-motions | Whether the U.S. Court of Appeals properly applied its supervisory powers to ensure the proper application of Local Rule 7.3 MOTION PRACTICE |
| 21-5997 | Jeremiah Ybarra v. United States | Fifth Circuit | 2021-10-19 | Denied | Response WaivedIFP | criminal-procedure drug-statute due-process effective-counsel fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct sixth-amendment | Whether appellant was denied his Fifth Amendment right to a grand jury presentment or indictment |
| 21-5995 | Christopher Emory Cramer v. United States | Fifth Circuit | 2021-10-18 | Denied | IFP | appellate-procedure conference-in-chambers due-process eighth-amendment federal-rule federal-rule-of-appellate-procedure-10(c) federal-rules-of-criminal-procedure-43 fifth-amendment judicial-proceeding record-completion record-on-appeal sixth-amendment | whether-an-unrecorded-conference-is-a-hearing-or-trial-under-federal-rule-of-appellate-procedure-10(c) |
| 21-5959 | Darwin J. Fifield, Sr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2021-10-14 | Denied | IFP | civil-rights coerced-statement counsel-ineffectiveness due-process excessive-force fifth-amendment fourth-amendment involuntary-confession law-enforcement self-representation sixth-amendment | Whether law enforcement's unprovoked excessive use of force during an arrest should invalidate as coerced by threat or force a Petitioner's later stat… |
| 21-5968 | Timothy Stemen v. Florida | Florida | 2021-10-14 | Denied | IFP | 4th-amendment civil-rights due-process evidence fifth-amendment fourth-amendment ineffective-counsel police-misconduct search-and-seizure self-incrimination | Did law enforcement violate the petitioner's due process rights under the 14th Amendment regarding the recordings |
| 21-5947 | Jorge Petter v. United States | Fourth Circuit | 2021-10-13 | Denied | Response WaivedIFP | court-of-appeals covid-19 due-process fifth-amendment filing-deadlines incarcerated-filers pandemic-response standing-order | Whether the Court of Appeals violated the petitioner's due process rights under the Fifth Amendment by failing to issue a standing order extending fil… |
| 21-5954 | David Lee Smith v. United States, et al. | Tenth Circuit | 2021-10-13 | Denied | Response WaivedIFP | appellate-review civil-rights court-access due-process fifth-amendment first-amendment judicial-abuse judicial-proceedings takings | Whether the Tenth Circuit grossly abused its inherent power by imposing the sanction of appeal dismissal against appellant Hook based on its false and… |
| 21-5963 | Norris Williams v. United States | Eleventh Circuit | 2021-10-13 | Denied | Response WaivedIFP | 5th-amendment constitutional-rights criminal-investigation criminal-procedure due-process evidence fifth-amendment habeas-corpus investigation right-to-silence self-incrimination | When does an investigation stop after a defendant says 'No'? |
| 21-529 | Bataski Bailey v. Fair & Walker Unit Owners Association, Inc., et al. | Georgia | 2021-10-08 | Denied | Response Waived | 5th-amendment attorney-misconduct civil-rights defamation due-process fifth-amendment fourteenth-amendment judicial-proceeding judicial-proceedings legal-ethics | Do intentional false statements by an attorney violate opposing party's rights? |
| 21-5937 | Odilon Martinez-Rojas v. United States | Second Circuit | 2021-10-08 | Denied | Response WaivedIFP | appeal-waiver due-process fifth-amendment plea-agreement sentencing-procedure sixth-amendment | Whether a plea agreement's appeal waiver can bar a defendant from challenging the unconstitutionality of a sentencing procedure |
| 21-5912 | Mark Wayne Gray v. Dean Borders, Warden | Ninth Circuit | 2021-10-07 | Denied | Response WaivedIFP | attorney-client-privilege due-process fifth-amendment fourteenth-amendment self-incrimination sixth-amendment | Whether the 5th Amendment (right to be free from self-incrimination) and 6th (denial of assistance of counsel) and 14th amendments were violated |
| 21-5910 | Carlos Sauzo v. United States | Fifth Circuit | 2021-10-06 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment burden-of-proof constitutional-rights credibility due-process evidentiary-hearing fifth-amendment inconclusive-record judicial-review sixth-amendment | Does the Fifth and Sixth Amendment require the lower court to address an evidentiary hearing when the record before the court is inconclusive as to wh… |
| 21-5894 | Jeffrey Richard Martinson v. Arizona | Arizona | 2021-10-05 | Denied | Response WaivedIFP | acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy-doctrine fifth-amendment new-trial prosecutorial-misconduct trial-court-dismissal | Whether the Double Jeopardy Clause bars retrial where the trial court dismissed the case with prejudice for bad faith prosecutorial misconduct after g… |
| 21-499 | Carlos Vega v. Terence B. Tekoh | Ninth Circuit | 2021-10-04 | Judgment Issued | Amici (14)Response RequestedResponse WaivedRelisted (3) | 42-usc-1983 civil-rights civil-rights-act fifth-amendment law-enforcement miranda-v-arizona miranda-warnings police-liability section-1983 self-incrimination | Whether a plaintiff may state a claim for relief against a law enforcement officer under Section 1983 based on the officer's failure to provide Mirand… |
| 21-483 | David Klug v. Florida | Florida | 2021-10-01 | Denied | Response Waived | charging-document criminal-charging due-process fifth-amendment jury-unanimity lewd-and-lascivious-molestation sexual-offenses sixth-amendment | Whether a state prosecuting authority may bundle several single-act offenses concerning the lewd and lascivious molestation of a minor into the same s… |
| 21-5843 | Brandon Lamar Pruitt v. United States | Ninth Circuit | 2021-10-01 | Denied | Response WaivedIFP | circuit-split constitutional-rights criminal-law due-process fifth-amendment jury-instruction mens-rea sex-trafficking statutory-interpretation | Whether the Ninth Circuit erred in affirming a jury instruction that allowed conviction for sex trafficking under 18 U.S.C. § 1591(a)(1) without proof… |
| 21-5810 | Mandell Rhodes, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-09-29 | Denied | IFP | administrative-law constitutional-law criminal-justice double-jeopardy fifth-amendment good-conduct-time legislative-intent parole prisoner-rights sentencing | Whether the administrator of the Texas Department of Criminal Justice violated the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitut… |
| 21-5791 | Cesar Santana v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk | First Circuit | 2021-09-28 | Denied | IFP | due-process fifth-amendment involuntary-statements miranda-warnings police-assurances police-interrogation self-incrimination | Whether the Fifth Amendment is violated, and a defendant's statements are involuntary, when police assure a suspect that his statements will not be us… |
| 21-436 | In Re Kevin D. Loggins, Sr. | 2021-09-21 | Denied | Relisted (2) | constitutional-rights due-process fifth-amendment fourteenth-amendment judicial-discretion obstruction-of-justice unlawful-incarceration void-judgment | Whether the U.S./Kansas has held petitioner illegally in prison contrary to the U.S. Constitution | |
| 21-5689 | Harold V. Hoskins v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. | Third Circuit | 2021-09-17 | Denied | IFP | constitutional-rights criminal-procedure due-process fair-trial fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sixth-amendment | Was the petitioner denied his Sixth Amendment right to be represented by counsel? |
| 21-5662 | Bishop Ruben DeWayne v. United States, et al. | District of Columbia | 2021-09-14 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment 7th-amendment civil-rights constitutional-rights court-access due-process equal-protection fifth-amendment first-amendment free-speech | Whether the lower court's denial of the Petitioner's constitutional rights departed from accepted judicial standards |
| 21-5669 | Thomas Woods v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk | First Circuit | 2021-09-14 | Denied | Response WaivedIFP | 5th-amendment adversarial-system compelled-testimony constitutional-rights criminal-trial due-process fifth-amendment grand-jury racial-disparities self-incrimination | Where a target of a grand jury investigation is compelled under threat of the pains and penalties of the law to appear to testify at the grand jury an… |
| 21-5609 | Matthew Staszak v. United States, et al. | Eighth Circuit | 2021-09-08 | Denied | Response WaivedIFP | attorney-client-privilege confidential-communications constitutional-rights due-process fifth-amendment interception legal-interception sixth-amendment | Whether petitioner's Fifth and Sixth Amendment rights were deprived and violated when his attorney-client confidential communications were intercepted… |
| 21-5617 | Akube Wuromoni Ndoromo v. Merrick B. Garland, Attorney General, et al. | District of Columbia | 2021-09-08 | Denied | Response WaivedIFP | 14th-amendment 4th-amendment 5th-amendment 6th-amendment amendment-protections civil-rights constitutional-rights due-process fifth-amendment fourth-amendment government-seizure | Does the Federal Government have the authority to seize individuals' bank accounts? |
| 21-5622 | Michael C. Sullivan v. Karen Carrington, et al. | Sixth Circuit | 2021-09-08 | Denied | Response WaivedIFP | civil-procedure civil-rights constitutional-rights due-process federal-procedure fifth-amendment forest-service government-liability judicial-canon judicial-conduct takings | Whether the Fifth Amendment requires the government to pay just compensation |
| 21-356 | Jermain V. Richards v. Connecticut | Connecticut | 2021-09-07 | Denied | Response Waived | criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment hung-jury mistrial perez-v-united-states richardson-v-united-states | Whether the Fifth Amendment's Double Jeopardy Clause bars a criminal defendant's retrial after the government has had a fair opportunity to prove its … |
| 21-5591 | Veretta Burnett v. Merrick B. Garland, Attorney General, et al. | Sixth Circuit | 2021-09-07 | Denied | Response WaivedIFP | civil-rights constitutional-rights due-process fifth-amendment freedom geographical-profiling justice law-enforcement liberty section-242 standing | Whether the plaintiff's constitutional and statutory rights were violated when the FBI and City of Highland Park failed to pay the plaintiff for geogr… |
| 21-5556 | Bret Davis v. Illinois | Illinois | 2021-09-01 | Denied | IFP | constitutional-rights due-process fair-trial fifth-amendment fourteenth-amendment jury-bias media-influence prosecutorial-misconduct sixth-amendment unbiased-jury | Were my Fifth, Sixth and Fourteenth Amendment rights to a fair trial by an unbiased jury and due process of the law violated? |
| 21-5500 | John Richard Smith v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-08-30 | Denied | IFP | certificate-of-appealability constitutional-violation due-process exculpatory-evidence fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | Whether the 5th Circuit Court of Appeal errored in denying petitioner's request for a (C.0.A.) claiming Petitioner failed to state a Constitutional vi… |
| 21-5535 | Timothy Marcus Mayberry v. Indiana | Indiana | 2021-08-30 | Denied | Response WaivedIFP | compulsory-process cronic due-process expert-testimony fifth-amendment fourteenth-amendment sixth-amendment | Is the Indiana state appellate court's opinion that its trial court did not abuse its discretion when, over multiple objections, it permitted surprise… |
| 21-273 | Buck Gene Brune v. United States | Fifth Circuit | 2021-08-25 | Denied | circuit-split criminal-procedure double-jeopardy fifth-amendment finality-of-judgment plea-bargaining plea-of-guilty prosecutorial-overreach sentencing | When does jeopardy attach after a guilty plea? | |
| 21-5474 | Antwoyn Terrell Spencer v. United States | Eighth Circuit | 2021-08-25 | Denied | Response WaivedIFP | 5th-amendment civil-rights due-process fifth-amendment first-step-act jurisdiction resentencing standing | Whether Petitioner is being deprived of his civil-rights, due-process, 5th-amendment, first-step-act |
| 21-5475 | Derrick Jerome Spencer v. United States | Eighth Circuit | 2021-08-25 | Denied | Response WaivedIFP | civil-rights constitutional-law constitutional-rights criminal-resentencing due-process fifth-amendment first-step-act sentencing-review standing | Whether Petitioner is being deprived of his civil-rights,due-process,fifth-amendment,first-step-act |
| 21-5483 | David Lee Jackson, Jr. v. Oklahoma | Oklahoma | 2021-08-25 | Denied | IFP | civil-rights due-process fifth-amendment just-compensation private-property takings | Whether the government's seizure of private property without just compensation violates the Takings Clause of the Fifth Amendment |
| 21-244 | Taylor & Sons, Inc., et al. v. United States, et al. | Federal Circuit | 2021-08-18 | Denied | 5th-amendment economic-impact fifth-amendment just-compensation penn-central penn-central-test property-rights regulatory-taking takings | Does the fact that the property is generating profits on the date of taking satisfy the economic impact requirement to find a regulatory taking under … | |
| 21-218 | John Pietsch, et al. v. Ward County, North Dakota, et al. | Eighth Circuit | 2021-08-16 | Denied | dolan-v-city-of-tigard extortionate-exaction fifth-amendment fifth-amendment-takings injunctive-relief nollan-dolan-test nollan-v-california-coastal-commission remedy takings-clause unconstitutional-conditions | Does the violation of the unconstitutional-conditions doctrine for an extortionate exaction create a stand-alone cause of action? | |
| 21-222 | Ferrell Walker v. United States | Eleventh Circuit | 2021-08-16 | Denied | Response Waived | 18-usc-3583(k) constitutional-provision double-jeopardy fifth-amendment plain-error sentencing | Whether the defendant's right not to be twice put in jeopardy for the same offense was violated |
| 21-5385 | Albert M. Kun v. State Bar of California, et al. | Ninth Circuit | 2021-08-16 | Denied | Response WaivedRelisted (2)IFP | bankruptcy bankruptcy-procedure constitutional-rights due-process excessive-fine fifth-amendment fourth-amendment state-bar timbs-standard timbs-v-indiana | Whether the approximately $40,000 fine assessed by the State Bar is an excessive fine under Timbs v. Indiana 586 U.S.—(2019) for a $460-financial viol… |
| 21-5366 | Abram K. Sollman v. Nebraska | Nebraska | 2021-08-13 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment hearsay-evidence witness-testimony | whether-the-nebraska-courts-reliance-on-witness-statements-induced-erroneous-or-prejudicial-hearsay-evidence |
| 21-5344 | Edith Woodberry v. City of Detroit, Michigan | Sixth Circuit | 2021-08-11 | Denied | Response WaivedIFP | bankruptcy bankruptcy-court constitutional-obligation due-process eminent-domain fifth-amendment just-compensation public-policy takings | Whether the bankruptcy court can discharge the City of Detroit's constitutional obligation to pay just compensation after taking private property via … |
| 21-5338 | Michael Vincent Moore v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-08-10 | Denied | IFP | constitutional-rights dna-evidence due-process evidence-admissibility fifth-amendment fourteenth-amendment fourth-amendment mistrial probable-cause prosecutorial-misconduct trial-procedure | Whether the prosecutor's submission of an affidavit for probable cause listing a tan animal hair found in a wicker trunk, when the DNA report received… |
| 21-154 | Nagui Mankaruse v. Raytheon Company, et al. | Federal Circuit | 2021-08-04 | Denied | Relisted (2) | bill-of-rights civil-liberties civil-rights constitutional-rights due-process equal-protection fifth-amendment first-amendment fourteenth-amendment | Whether the Honorable United States Supreme Court must defend our Great United States Constitution? |
| 21-5284 | Albert Lamont Hector v. United States | Ninth Circuit | 2021-08-03 | Denied | Response WaivedIFP | acquitted-conduct due-process federal-appeals-courts fifth-amendment jury-trial sentencing sixth-amendment state-high-courts | Whether sentences based on acquitted conduct violate the Fifth Amendment's Due Process Clause or Sixth Amendment's jury-trial guarantee |
| 21-115 | Ivan Rosario v. United States | Second Circuit | 2021-07-28 | Denied | Response Waived | 6th-amendment criminal-sentencing due-process fifth-amendment judicial-factfinding jury jury-trial reasonable-doubt sentencing sixth-amendment | Whether the Fifth Amendment's Due Process Clause and the Sixth Amendment's right to trial by jury protect criminal defendants from being sentenced bas… |
| 21-5209 | Cynthia E. Collie v. South Carolina Commission on Lawyer Conduct | South Carolina | 2021-07-26 | Denied | IFP | civil-procedure constitutional-law due-process eighth-amendment fifth-amendment first-amendment fourteenth-amendment judicial-procedure standing | Whether this Court should grant writ of certiorari to address the state court of last resort's unsupported, arbitrary, and/or capricious order |
| 21-5214 | Ademola O. Adebayo v. United States | Eleventh Circuit | 2021-07-26 | Denied | Response WaivedIFP | appellate-procedure circuit-split civil-rights due-process equal-protection fifth-amendment fourteenth-amendment frap-36 | Whether the Eleventh Circuit entered a decision that strengthens the circuit split created by Federal Rule of Appellate Procedure 36, which allows a m… |
| 21-5201 | Susan Kaytlin Scott v. United States | Ninth Circuit | 2021-07-23 | Denied | Response WaivedIFP | circuit-court-split circuit-courts constitutional-law constitutional-procedure criminal-procedure custody-determination due-process fifth-amendment law-enforcement-interrogation miranda-custody miranda-warning | Do the Circuit Courts' different tests used to determine custody status for purposes of Miranda lead to inconsistent results? |
| 21-5203 | Ibrahim Akasha Abdalla, aka Ibrahim Akasha v. United States | Second Circuit | 2021-07-23 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-prosecution due-process extraterritorial-jurisdiction fifth-amendment foreign-national personal-jurisdiction | What level of contact with the United States must a foreign national who never entered this country and committed the offense conduct solely outside o… |
| 21-5167 | Bishop Ruben DeWayne v. JPMorgan Mortgage Acquisition Corp., et al. | Fourth Circuit | 2021-07-22 | Denied | Response WaivedRelisted (2)IFP | and the right to a fair trial equal protection bill-of-rights civil-procedure civil-rights constitutional-rights due-process equal-protection fifth-amendment judicial-proceedings seventh-amendment standing | Whether the lower court's denial of the Petitioner's guaranteed rights under the Bill of Rights departed from accepted judicial standards |
| 21-5153 | Brian K. Rogers v. United States | First Circuit | 2021-07-21 | Denied | Response WaivedIFP | circuit-split fifth-amendment polygraph polygraph-examination self-incrimination sex-offender-treatment supervised-release | Are admissions made during a polygraph examination required by sex offender treatment compelled for purposes of the Fifth Amendment when failing the e… |
| 21-5139 | In Re Donald M. Boswell | 2021-07-20 | Denied | IFP | certificate-of-appealability constitutional-rights due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment successive-petitions | Was the denial of Petitioner's request for a Certificate of Appealibility (COA) to file a second or successive federal habeas corpus for new claims fo… | |
| 21-5146 | Antonio Dewayne Adams v. United States | Tenth Circuit | 2021-07-20 | Denied | Response WaivedIFP | advisory-guidelines circuit-split criminal-procedure due-process fifth-amendment preponderance-of-the-evidence preponderance-standard sentencing sentencing-guidelines statutory-maximum | Whether the Tenth Circuit's decision sanctioning a preponderance of the evidence standard to find criminal acts that nearly doubled the advisory sente… |
| 21-76 | Linda B. Vacchino v. Nationstar Mortgage, LLC | Florida | 2021-07-20 | Denied | Response WaivedRelisted (2) | appeal constitutional-rights due-process fifth-amendment foreclosure fourteenth-amendment fraud judicial-fraud mortgage-crisis property-rights | Whether the constitutional rights guaranteed under the Fifth and Fourteenth Amendments are violated when foreclosures and subsequent sale of primary r… |
| 21-70 | Gary E. Albright, et al. v. United States | Federal Circuit | 2021-07-19 | Denied | Amici (1)Response Waived | certification constitutional-federalism erie-doctrine fifth-amendment railroad-deed state-law state-law-interpretation takings-claim takings-clause | Does constitutional federalism require certification of state law issue? |
| 21-5135 | Michael Ray Orr v. Texas | Texas | 2021-07-19 | Denied | Response WaivedIFP | closing-argument criminal-procedure defendant-rights demeanor fifth-amendment prosecutorial-misconduct self-incrimination trial-procedure | Did the trial court err by denying Mr. Orr's objection to improper closing argument by the prosecutor? |
| 21-5085 | David James Lola v. Florida | Florida | 2021-07-13 | Denied | IFP | 14th-amendment 6th-amendment appellate-review civil-rights competence constitutional-rights criminal-procedure due-process fifth-amendment judicial-system | Does due process under the Sixth and Fourteenth Amendments require a presumption of competence for a criminal defendant to proceed pro se, such that a… |
| 21-5073 | Brian Adrian Sloan v. United States | Tenth Circuit | 2021-07-12 | Denied | Response WaivedIFP | criminal-jurisdiction equal-protection fifth-amendment indian-country major-crimes-act native-american native-american-rights racial-classification | Whether United States v. Antelope, 430 U.S. 641 (1977), should be overruled |
| 21-15 | Don Peterson, et al. v. Russ Jones, et al. | Fifth Circuit | 2021-07-07 | Denied | Response Waived | civil-rights due-process federal-rules-of-civil-procedure fifth-amendment first-amendment free-speech | Is an order punishing a citizen's exercise of guaranteed constitutional freedoms patently unconstitutional and void, subject to mandatory relief under… |
| 20-8446 | Hewitt A. Grant, II v. Florida | Florida | 2021-06-30 | Denied | IFP | constitutional-rights criminal-procedure double-jeopardy due-process federal-procedure fifth-amendment judicial-review jurisdiction legal-interpretation procedural-rules retrial united-states-law | Whether the Double Jeopardy Clause of the Fifth Amendment bars the retrial of the petitioner after the trial court's erroneous dismissal of the charge… |
| 20-8421 | Braulio Perez v. United States | Eleventh Circuit | 2021-06-25 | Denied | IFP | 4th-amendment 5th-amendment 6th-amendment 911-call armed-career-criminal body-camera body-camera-footage constitutional-rights'\n'Issue 4 criminal-history criminal-law criminal-procedure criminal-procedure'\n'Issue 2 criminal-procedure'\n'Issue 3 criminal-procedure'\n'Issue 4 enhancement evidence fair-trial fifth-amendment firearm fourth-amendment motion-to-suppress search-and-seizure self-incrimination sentencing sentencing-enhancement statements statutory-interpretation witness witness-testimony | Issue 1 |
| 20-8397 | Louis A. Banks v. District of Columbia, et al. | District of Columbia | 2021-06-23 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment civil-rights custodial-interrogation due-process edwards-violation fifth-amendment judicial-immunity law-enforcement rule-23 rule-60 | Whether law enforcement violated Edwards v. Arizona by interrogating a minor who invoked the Fifth Amendment, and whether claims for declaratory and m… |
| 20-8401 | Tyler Landon Thornton v. Florida | Florida | 2021-06-23 | Denied | IFP | circuit-split civil-rights coercion constitutional-rights criminal-plea due-process fifth-amendment involuntary-confession non-state-actor plea-bargaining plea-involuntariness | Whether coercion from a non-state actor can render a plea involuntary and therefore invalidate it under the Fifth Amendment? |
| 20-8362 | Damion Sleugh v. United States | Ninth Circuit | 2021-06-21 | Denied | Response WaivedIFP | conspiracy constitutional-rights criminal-conspiracy criminal-law due-process fifth-amendment judge-made-law Pinkerton-liability substantive-offense substantive-offenses | May a defendant be found guilty of a substantive offense based on Pinkerton liability where that offense was not an object of the alleged conspiracy? |
| 20-8363 | Outhdorm Ros v. California | California | 2021-06-21 | Denied | Response RequestedRelisted (2)IFP | criminal-procedure due-process evidence evidence-admission fifth-amendment miranda-rights prosecutorial-argument self-incrimination | Whether a suspect's silence after arrest but before Miranda warnings can be admitted and commented upon to prove guilt |
| 20-8369 | Clarence Clark v. United States | Second Circuit | 2021-06-21 | Denied | Response WaivedIFP | 2nd-amendment constitutional-challenge constitutional-law criminal-procedure due-process fifth-amendment guilty-plea plain-error plea-bargaining sentencing sixth-amendment statutory-interpretation | Whether the Second Circuit Court of Appeals erred in violation of U.S. Const. V and VI as well as this Court's precedent |
| 20-8326 | Michael Adefemi Adeyemo, aka Adekunle Olufemi Adetiloye v. United States | Eighth Circuit | 2021-06-16 | Denied | Response WaivedIFP | criminal-procedure fifth-amendment incriminating nexus-requirement obstruction-of-justice plea-colloquy self-incrimination separate-offense testimonial | Whether the Fifth Amendment self-incrimination clause protects a defendant during the change of plea colloquy against compulsory self-disclosure of in… |
| 20-1746 | Temor S. Sharifi v. United States | Federal Circuit | 2021-06-16 | Denied | Response Waived | 5th-amendment citizenship due-process fifth-amendment foreign-law just-compensation property-rights takings | Whether a United States citizen can be denied his Fifth Amendment rights to just compensation for property taken by the United States based upon forei… |
| 20-1750 | Danesh Rahimi v. Troy Kohler | Utah | 2021-06-16 | Denied | Response Waived | civil-procedure due-process eminent-domain fifth-amendment group-quiet-title judicial-taking property-rights real-property standing state-courts takings | May the Utah State Courts enter orders on the basis of a 'group quiet title doctrine' which has no precedential authority? |
| 20-1756 | Ethan Fullerton, et al. v. LG Chem, Ltd. | Eleventh Circuit | 2021-06-16 | Denied | Response Waived | corporate-defendant domestic-corporations due-process fifth-amendment foreign-corporations fourteenth-amendment jurisdictional-limits longarm-statute personal-jurisdiction subject-matter-jurisdiction | Should international corporate defendants with worldwide reach be granted jurisdictional protection not afforded domestic corporations? |
| 20-8318 | Jason C. Youker v. United States | Ninth Circuit | 2021-06-15 | Denied | Response WaivedIFP | civil-rights constitutional-rights drug-trafficking due-process fifth-amendment informant-distribution law-enforcement narcotics police-misconduct standing takings | Do police violate the Fifth Amendment when providing narcotics to confidential informants? |
| 20-8302 | Calvin Gumbs, II v. Kelly Harrigan, et al. | Virgin Islands | 2021-06-14 | Denied | Response WaivedIFP | appeals appellate-jurisdiction civil-procedure constitutional-rights court-procedure due-process fifth-amendment first-amendment judicial-review legal-standing virgin-islands | Jurisdiction-over-appeals |
| 20-8280 | Trent Slone v. United States | Seventh Circuit | 2021-06-11 | Denied | Response WaivedIFP | acquittal drug-possession due-process fifth-amendment firearms firearms-violation presumption-of-innocence sentencing | Does the presumption of innocence and the due process clause of the Fifth Amendment protect a defendant at a firearms violation sentencing when the go… |
| 20-8287 | Kenneth Wayne Walker, Jr. v. United States | Fifth Circuit | 2021-06-11 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment parole sentencing sixth-amendment | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-8278 | L. Powers v. Arthur J. Morburger | Florida | 2021-06-10 | Denied | Relisted (2)IFP | civil-rights double-jeopardy due-process fifth-amendment fourteenth-amendment fraud-on-court fraud-on-the-court property-rights | Can the Double Jeopardy Clause Apply To Innocent Persons Thrust in 'Criminal' Courts Rendering False Judgments albeit in Civil Court? When There's no … |
| 20-1708 | Jose Leonel Bonilla-Romero v. United States | Fifth Circuit | 2021-06-10 | Denied | 5th-amendment constitutional-law criminal-procedure due-process fifth-amendment notice sentencing sentencing-range separation-of-powers | Does the Due Process Clause of the Fifth Amendment require notice of the sentencing range prior to sentencing? | |
| 20-1694 | Gregory Molden v. United States | Fifth Circuit | 2021-06-08 | Denied | Response Waived | civil-procedure constitutional-rights criminal-procedure criminal-prosecution due-process fifth-amendment health-care-fraud medicare medicare-regulations regulatory-compliance | Is it a constitutional Fifth Amendment Due Process violation when a Health Care provider under the Federal Title XVIII Medicare Program is pursued by … |
| 20-8254 | Demario M. Peterson v. United States | Sixth Circuit | 2021-06-08 | Denied | Response WaivedIFP | acquitted-conduct due-process fifth-amendment jury-trial procedural-reasonableness sentencing sentencing-variance sixth-amendment substantive-reasonableness | Whether the Sixth Amendment, Fifth Amendment, and this Court's jurisprudence on the procedural and substantive reasonableness of sentences are implica… |
| 20-1693 | Erick Allen Osby v. United States | Fourth Circuit | 2021-06-07 | Denied | Amici (4)Response Waived | constitutional-rights criminal-procedure criminal-sentencing double-jeopardy fifth-amendment jury-acquittal sentencing sixth-amendment | Whether basing a criminal defendant's sentence on charges of which the jury acquitted him violates the Fifth or Sixth Amendments |
| 20-1683 | James A. Gideon v. Ohio | Ohio | 2021-06-04 | Denied | Response Waived | disciplinary-investigation exclusionary-rule fifth-amendment garrity-doctrine garrity-v-new-jersey professional-license self-incrimination | Whether a professional license holder's objectively reasonable, subjective belief that assertion of the Fifth Amendment privilege against self-incrimi… |
| 20-1684 | Sean Hartranft v. Midland Funding, LLC, et al. | Ninth Circuit | 2021-06-04 | Denied | civil-procedure debt-collection due-process fifth-amendment fourteenth-amendment intervention standing telephone-consumer-protection-act | Whether the Court of Appeals committed reversible error when it denied Petitioner's Federal Rules of Civil Procedure 24(a) motion to intervene as a ma… | |
| 20-8211 | Christian M. Allmendinger v. United States | Fourth Circuit | 2021-06-03 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure due-process fifth-amendment judicial-fact-finding jury-trial reasonable-doubt sentencing-guidelines sixth-amendment witte-v-united-states | Whether the Fifth and Sixth Amendments forbid sentencing guidelines from enhancing the presumed reasonable punishment for an offense, unless the facts… |
| 20-8217 | Donald R. Turner, Jr. v. United States | Eighth Circuit | 2021-06-03 | Denied | Response WaivedIFP | civil-rights constitutional-claim due-process fifth-amendment ineffective-assistance just-compensation mandatory-minimum private-property procedural-error sentencing-enhancement takings | Whether the government's seizure of private property without just compensation violates the Takings Clause of the Fifth Amendment |
| 20-8219 | Clark D. Young v. United States | Sixth Circuit | 2021-06-03 | Denied | Response WaivedIFP | conflict-of-interest counsel-failure criminal-history due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sentencing-enhancement sixth-amendment | Whether the defendant was deprived of his Sixth, Fifth, and Fourteenth Amendment rights when counsel failed to investigate his criminal history |
| 20-8169 | Yessenia Jimenez v. United States | Second Circuit | 2021-05-27 | Denied | Response WaivedIFP | batson-challenge civil-rights cross-examination due-process fifth-amendment hispanic jury-selection peremptory-challenges peremptory-strikes pretextual-reasons | Whether the government violated Batson v. Kentucky |
| 20-8141 | Paul Castonguay v. Nebraska | Nebraska | 2021-05-26 | Dismissed | Response WaivedRelisted (2)IFP | constitutional-rights dna-testing due-process federal-constitution fifth-amendment post-conviction-relief sexual-assault state-constitution statutory-rights | Whether the state courts erred and abused their discretion by depriving and denying the defendant of his statutory rights to DNA testing |
| 20-1652 | Meghan Belaski, et al. v. Securities and Exchange Commission | District of Columbia | 2021-05-26 | Denied | Response Waived | confidential-information double-jeopardy fifth-amendment intellectual-property related-action securities-exchange-commission securities-law takings-clause whistleblower whistleblower-award | Do the statutory rules of the SEC violate the Double Jeopardy Clause and Takings Clause of the Fifth Amendment? |
| 20-8129 | Joseph Miller v. United States | Seventh Circuit | 2021-05-25 | Denied | Response WaivedIFP | brady-v-maryland brady-violation certificate-of-appealability constitutional-right constitutional-rights direct-appeal evidentiary-hearing fifth-amendment fourth-amendment ineffective-assistance-of-counsel slack-v-mcdaniel | Whether an attorney's failure to advise a client of the adverse ramifications of raising certain claims on direct appeal constitutes a substantial den… |
| 20-8067 | In Re Jeremiah Ybarra | 2021-05-18 | Denied | IFP | constitutional-rights conviction due-process fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct | Is an American citizen's Fifth Amendment violated when his case is not presented to a grand jury to gain an indictment on the alleged offense? | |
| 20-8011 | Troy Webb v. United States | Fifth Circuit | 2021-05-13 | Denied | Response WaivedIFP | 18-usc-922(g)(1) 5th-amendment constitutional-rights criminal-statute discarding-firearm due-process fifth-amendment firearm-possession statutory-interpretation substantive-due-process | Whether the District Court denied the Petitioner's constitutional right to a substantive due process under the Fifth Amendment by the lower court's co… |
| 20-8024 | Lisa Biron v. United States | First Circuit | 2021-05-13 | Denied | Response WaivedIFP | non-promulgated procedural process 28-usc-2255 certificate-of-appealability due-process federal-appellate-rules federal-rules-of-appellate-procedure fifth-amendment fourteenth-amendment habeas-corpus procedural-due-process | When there is no requirement to file a notice of appeal when applying for a certificate of appealability, is the COA seeker's Fifth Amendment right to… |
| 20-7981 | Stephen Nivens v. J. Phillip Morgan, Warden, et al. | Fourth Circuit | 2021-05-11 | Denied | Response WaivedIFP | charging-document constitutional-rights double-jeopardy duplicitous duplicitous-charging fifth-amendment jury jury-trial multiplicitous multiplicitous-charging | Whether the Petitioner has a right to be free from Double Jeopardy |
| 20-7991 | Bulmaro Contreras-Figueroa, aka Israel Contreras v. United States | Ninth Circuit | 2021-05-11 | Denied | Response WaivedIFP | 5th-amendment conspiracy controlled-substances criminal-procedure due-process fifth-amendment grand-jury sentencing statutory-interpretation | Is the Fifth Amendment right to a grand jury violated when a defendant is sentenced for a conspiracy offense that exceeds the maximum penalty for the … |
| 20-1563 | Amin A. Rashid v. United States | Third Circuit | 2021-05-11 | Denied | Response Waived | civil-procedure court-of-appeals district-court due-process fifth-amendment final-judgment notice notice-and-opportunity rule-60(b) rule-60b4 | Whether the court of appeals denies a petitioner due process |
| 20-7963 | Lugene L. Scott v. Neil Turner, Warden | Sixth Circuit | 2021-05-10 | Denied | IFP | criminal-conviction criminal-procedure double-jeopardy due-process felonious-assault fifth-amendment manslaughter sentencing time-served | Is the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution violated when a defendant is denied credit for time served when… |
| 20-7979 | Talmadge Adib Talib v. Juan Guerrero, et al. | Ninth Circuit | 2021-05-10 | Denied | Response WaivedIFP | 14th-amendment 4th-amendment 5th-amendment civil-rights constitutional-rights due-process fifth-amendment fourth-amendment jurisdiction jurisdiction-challenge summary-judgment | Where jurisdiction was never established, in an arrest and prosecution resulting from an alleged and unwarranted traffic stop with violations of right… |
| 20-7953 | Alena Aleykina v. United States | Ninth Circuit | 2021-05-07 | Denied | Response WaivedIFP | criminal-intent due-process evidence expert-testimony fifth-amendment legal-separation prosecutorial-misconduct sixth-amendment | Was it fair to affirm 18-U.S.C-1519-charge |
| 20-1548 | Natalio Fridman v. United States | Second Circuit | 2021-05-06 | Denied | Response Waived | act-of-production collective-entity-doctrine corporate-records fifth-amendment foregone-conclusion-doctrine irs-summons self-incrimination testimonial-evidence | Does an individual retain his Fifth Amendment privilege in the face of the 'foregone conclusion doctrine' when an IRS summons requires him, in effect,… |
| 20-7923 | Edward Shane West-El v. Miami Parking Authority, et al. | Eleventh Circuit | 2021-05-04 | Denied | IFP | civil-rights constitutional-rights due-process fifth-amendment kent-v-dulles liberty liberty-interest natural-person right-to-travel | Why was the Petitioner denied the Right to Travel and had to pay a fine? |
| 20-1528 | Lawrence Doby Wilson, aka Amin A. Rashid v. United States | Ninth Circuit | 2021-05-03 | Denied | Response Waived | actual-innocence appeals coram-nobis criminal-procedure due-process equitable-tolling fifth-amendment | Whether the court of appeals denies due process by refusing to use equitable tolling for a coram nobis petition based on actual innocence |
| 20-7886 | Shirl A. Stephen v. United States | District of Columbia | 2021-04-29 | Denied | Response WaivedIFP | criminal-procedure due-process evidence fifth-amendment sentencing witness-impeachment | Whether impeachment of a witness in a criminal trial under D.C. Code § 14-305 requires proof that the witness was actually sentenced for the prior con… |
| 20-7890 | Antwoyn Terrell Spencer and Derrick Jerome Spencer v. United States | Eighth Circuit | 2021-04-29 | Denied | Response WaivedIFP | civil-procedure constitutional-law constitutional-provisions criminal-law due-process fifth-amendment first-step-act resentencing standing | Whether Petitioners are being deprived of their right to due-process, due-process, fifth-amendment, first-step-act |
| 20-7853 | Craig Allen Morgenstern v. United States | Ninth Circuit | 2021-04-27 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process ex-post-facto fifth-amendment ineffective-assistance jury-instructions sixth-amendment statutory-elements statutory-interpretation supervised-release | Whether the trial court's errors in allowing modified jury instructions that impermissibly deleted statutory elements violated the defendant's Fifth a… |
| 20-7857 | Benjamin Ayala v. New York | New York | 2021-04-27 | Denied | Response WaivedIFP | burglary constitutional-interpretation criminal-conviction double-jeopardy dwelling-entry fifth-amendment multiple-convictions single-entry state-court-conflict uniform-decision | Whether petitioner's Fifth Amendment right against double jeopardy was violated |
| 20-7829 | Edmundo Bustamante-Muniz v. United States | Fifth Circuit | 2021-04-23 | Denied | Response WaivedIFP | almendarez-torres criminal-procedure criminal-sentencing due-process fifth-amendment fifth-circuit precedent-overturning sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari | Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7818 | Stephon Lindsay v. Alabama | Alabama | 2021-04-22 | Denied | IFP | and its progeny capital-trial consistent with Miranda v. Arizona expand the narrow public-safety-exception to Mira fifth-amendment involuntary-confession miranda-rights public-safety-exception criminal-procedure custodial-interrogation fifth-amendment miranda-warnings public-safety-exception self-incrimination | Can a court |
| 20-7827 | Glen D. Plourde v. Stephen C. Bellavia | Maine | 2021-04-22 | Denied | IFP | civil-rights due-process eighth-amendment equal-protection fifth-amendment fourth-amendment judicial-bias police-misconduct torture | Whether the petitioner's Fifth Amendment rights to substantive and procedural due process were infringed upon due to the father-son relationship betwe… |
| 20-7806 | Zacharias Christopher Lee v. United States | Fourth Circuit | 2021-04-20 | Denied | Response WaivedIFP | compulsory-process constitutional-rights discovery-manipulation due-process fair-trial fifth-amendment impartial-jury sentencing sixth-amendment | Whether the Fourth Circuit's decision finding reasonableness in the sentence imposed by the district court is contrary to the Fifth Amendment due proc… |
| 20-1465 | Chang Wang, et al. v. Terilyn Carter-Garrett, et al. | California | 2021-04-20 | Denied | civil-procedure due-process fair-trial fifth-amendment fourteenth-amendment judicial-bias | Whether the Due Process Clauses of the Fifth and Fourteenth Amendments were violated to deny Petitioners a fair trial due to the bias of the presiding… | |
| 20-7786 | Obidiah McCaskill v. Mark S. Inch, Secretary, Florida Department of Corrections | Florida | 2021-04-16 | Denied | Response WaivedIFP | civil-rights constitutional-violation due-process fair-hearing fifth-amendment florida-statutes liberty sixth-amendment supervised-release unconstitutional | Whether Florida Statutes and case law have deprived the petitioner of his liberty and a fair hearing, in violation of the 14th Amendment |
| 20-1436 | Marty D. Foust v. Lawrence Brothers, Inc., et al. | Virginia | 2021-04-14 | Denied | amendment-rights bill-of-rights civil-rights constitutional-rights court-documentation due-process eleventh-amendment fifth-amendment fourteenth-amendment judicial-misconduct postal-delay | Should an official of the Virginia Supreme Court tell the truth about information that they read in document sent by the Petitioner? | |
| 20-7679 | Troy Allen Lucas, aka Troy Madron v. United States | Fourth Circuit | 2021-04-08 | Denied | Response WaivedIFP | federal-rule-of-evidence-807 fifth-amendment forensic-evidence inconsistencies sixth-amendment third-party-guilt | Whether the Fifth and Sixth Amendments prohibit a federal court from denying, under Federal Rule of Evidence 807, the admission of testimony provided … |
| 20-7694 | Eusebio Escobar de Jesus v. United States | First Circuit | 2021-04-08 | Denied | Response WaivedIFP | 18-usc-3582 circuit-split compassionate-release due-process fifth-amendment first-step-act sentencing statutory-interpretation | Whether the First Circuit erred in affirming the denial of Petitioner's Motion for Compassionate Release under the First Step Act |
| 20-7673 | Atticus Sliter-Matias v. United States | Third Circuit | 2021-04-07 | Denied | Response WaivedIFP | appeal appellate-review criminal-procedure due-process evidence-law fifth-amendment plain-error self-incrimination | Whether the Third Circuit Court of Appeals erred in affirming the District Court's judgment of conviction and sentence by failing to find that the dis… |
| 20-1401 | James Dennis v. Virginia | Virginia | 2021-04-06 | Denied | Response Waived | confrontation-clause constitutional-rights cruel-and-unusual-punishment due-process false-evidence fifth-amendment first-amendment fourteenth-amendment prosecutor prosecutorial-misconduct | Does any Court have the authority to extinguish a defendant's due process rights via the Fifth and Fourteenth Amendment by allowing the prosecutor to … |
| 20-7630 | Scott Paul Madlock v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-04-02 | Denied | IFP | constitutional-law criminal-procedure due-process fifth-amendment interrogation right-to-counsel self-incrimination sixth-amendment | Whether the United States Court of Appeals for the Sixth Circuit's decision sanctioned a departure from the accepted and usual course of judicial proc… |
| 20-7637 | Derrick Gregory James v. Florida Department of Corrections | Florida | 2021-04-02 | Denied | Response WaivedIFP | corrections-department cruel-and-unusual-punishment double-jeopardy due-process ex-post-facto fifth-amendment habeas-corpus judicial-discretion sentence-modification sentencing | Can a state corrections arbitrarily change a defendant's prison sentence, nearly two decades later, even after having initially structured said court-… |
| 20-7647 | Gerti Muho v. United States | Eleventh Circuit | 2021-04-01 | Denied | Response WaivedIFP | compulsory-process criminal-justice-system evidentiary-admissibility fair-trial fifth-amendment financial-disability pro-se-defendant sixth-amendment witness-subpoena | Whether the deprivation of essential, singular witness testimony supporting an indigent defendant's theory of defense violates the right to compulsory… |
| 20-1380 | Security People, Inc. v. Drew Hirshfeld, Acting Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office, et al. | Federal Circuit | 2021-04-01 | Denied | Response Waived | constitutional-challenge due-process federal-circuit fifth-amendment inter-partes-review jurisdiction patent patent-law retroactive-application vested-property | Whether the retroactive application of inter partes review deprived Petitioner of its vested property in violation of the Due Process Clause |
| 20-7624 | Jeremy Randolph Martin v. United States | Fourth Circuit | 2021-03-31 | Denied | Response WaivedIFP | ashcroft-v-free-speech-coalition constitutional-rights due-process electronic-devices fifth-amendment first-amendment free-speech internet-monitoring supervised-release united-states-v-holena | Do the conditions of petitioner's supervised release violate the First Amendment and Due Process? |
| 20-7584 | In Re Terril Lee Graham | 2021-03-26 | Denied | Response WaivedIFP | 1st-amendment 5th-amendment criminal-threats due-process exculpatory-evidence fifth-amendment first-amendment free-speech public-defender | Is California Penal Code 422, Criminal Threats, an invalid statute, prohibiting the exercise of 1st Amendment free speech rights? | |
| 20-1333 | Roy Sheridan v. DLJ Mortgage Capital, Inc. | Third Circuit | 2021-03-24 | Denied | civil-procedure due-process federal-rules-of-civil-procedure fifth-amendment fourteenth-amendment judgment-on-partial-findings procedural-fairness united-states-v-james-daniel-good-real-property | Does Federal Rule of Civil Procedure 52(c) violate the Due Process clauses of the Fifth and Fourteenth Amendments | |
| 20-7510 | In Re Leonard English | 2021-03-19 | Denied | Response WaivedIFP | civil-rights constitutional-rights due-process equal-protection fairness fifth-amendment first-amendment judicial-discretion ninth-amendment | Does any judge have the discretion to arbitrarily pick what relevant written & verified facts to consider and not apply them to governing laws for no … | |
| 20-7462 | Anthony Kirkland v. Ohio | Ohio | 2021-03-17 | Denied | IFP | capital-defendant death-penalty fair-trial fifth-amendment fourteenth-amendment impartial-jury ineffective-assistance sixth-amendment | Are a capital defendant's rights to a fair trial by an impartial jury denied when a juror believes the death penalty should be used in all cases of mu… |
| 20-7468 | Aaron Feazell v. United States | District of Columbia | 2021-03-16 | Denied | Response WaivedIFP | civil-protection-order constructive-amendment criminal-procedure due-process fifth-amendment fundamental-fairness notice variance variance-doctrine | Whether there is sufficient evidence to satisfy Due Process and to convict the defendant for disobeying the hundred (100) yard provision of the order,… |
| 20-7425 | Cornelius Kenyatta Craig v. Andre Matevousian, Warden | Sixth Circuit | 2021-03-11 | Denied | Response WaivedIFP | appellate-review constitutional-law criminal-conviction criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment reasonable-doubt sixth-circuit | Whether the 'same evidence' standard for double jeopardy under the Fifth Amendment is unconstitutional as applied to the Fourteenth Amendment's Due Pr… |
| 20-1259 | Protect Our Parks, Inc., et al. v. City of Chicago, Illinois, et al. | Seventh Circuit | 2021-03-11 | Denied | Response Waived | article-iii-standing civil-procedure due-process fifth-amendment fourteenth-amendment lujan-standard standing takings takings-clause | Whether the Plaintiffs possess Article III standing to bring their takings and due process claims |
| 20-7400 | Drashawn Bartlett v. Anna Valentine, Warden | Sixth Circuit | 2021-03-10 | Denied | Response WaivedIFP | 28-usc-2253 double-jeopardy felony-murder fifth-amendment harris-precedent harris-v-oklahoma robbery sixth-circuit | Can the offense of robbery be included as an element in a felony murder instruction and also presented separately in a jury instruction for robbery wi… |
| 20-7379 | Miguel Angel Corujo Mercado v. Florida | Florida | 2021-03-09 | Denied | IFP | conspiracy constitutional-protection continuous-act criminal-conspiracy criminal-law criminal-procedure defendant-rights double-jeopardy due-process fifth-amendment multiple-charges | Can a criminal defendant be charged and convicted with multiple conspiracies for a single continuous conspiracy act without violating right to be free… |
| 20-7391 | Marcus A. Turner v. David W. Gray, Warden | Sixth Circuit | 2021-03-09 | Denied | IFP | constitutional-rights double-jeopardy due-process felony-murder fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel strickland-standard | Whether the Double Jeopardy Clause bars a second prosecution and punishment for Felony-murder and Felonious-assault following an acquittal on Aggravat… |
| 20-7356 | Eron Michael Spivey v. Texas | Texas | 2021-03-08 | Denied | IFP | custodial-interrogation exclusionary-rule fifth-amendment fourth-amendment involuntary-detention law-enforcement-questioning probable-cause wong-sun wong-sun-doctrine | Do authorities violate the Fourth Amendment when they involuntarily detain, in back of a patrol car for three hours, then at the police station for tw… |
| 20-7325 | Eric Todd v. United States | Sixth Circuit | 2021-03-05 | Denied | Response WaivedIFP | criminal-procedure cross-examination disclosure due-process exculpatory-evidence fair-trial fifth-amendment government-misconduct witness-testimony | Did the timing and method of the Government's disclosure violate Todd's Fifth Amendment right to a fair trial |
| 20-7258 | Toi Horn v. Federal National Mortgage Association, et al. | Fourth Circuit | 2021-02-26 | Denied | IFP | administrative-limitations bankruptcy civil-procedure civil-rights constitutional-appeal due-process estate-claims fifth-amendment standing takings trust-property | Whether the infant/minor's denial of their constitutional appeal be final from the District Court District of Maryland, Greenbelt division and the Cou… |
| 20-7252 | John Raymond Travis v. California | California | 2021-02-25 | Denied | IFP | capital-punishment cruel-and-unusual-punishment due-process effective-assistance-of-counsel fifth-amendment jury-instructions mitigating-factors sixth-amendment | Whether a trial court may preclude all counsel from referencing the word 'mercy' during argument to the jury in the sentencing phase of a capital tria… |
| 20-7253 | Nancy Cole v. United States | Ninth Circuit | 2021-02-25 | Denied | IFP | constitutional-limits criminal-law criminal-procedure drug-statutes due-process fifth-amendment mandatory-minimum mens-rea sentencing statutory-interpretation strict-liability | Whether the knowingly mens rea in the federal drug statutes applies to the elements of drug type and quantity |
| 20-7257 | Tito Knox v. Elizabeth G. Magera, U.S. Probation Officer, Individually and in Her Official Capacity, et al. | Fourth Circuit | 2021-02-25 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process fifth-amendment jurisdiction standing | Whether the court erred in denying petitioner's motion to dismiss the indictment on the grounds that the government's prosecution violated the Double … |
| 20-1171 | Michael Madison v. Ohio | Ohio | 2021-02-25 | Denied | capital-punishment due-process fifth-amendment mental-health mitigation self-incrimination | When a capital defendant intends to present mitigation evidence from mental health experts who have interviewed him, but affirmatively represents to t… | |
| 20-1184 | Kee Food, Inc., et al. v. Louisiana | Louisiana | 2021-02-25 | Denied | civil-forfeiture due-process fifth-amendment fourteenth-amendment meaningful-hearing property-rights state-seizure | Whether the meaningful hearing aspect of due process is satisfied when a party faced with state seizure and retention of property under civil forfeitu… | |
| 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… |
| 20-7214 | Eric Kurt Patrick v. Florida | Florida | 2021-02-23 | Denied | IFP | fifth-amendment impartial-jury ineffective-assistance-of-counsel juror-bias sixth-amendment trial-strategy voir-dire | Where the purpose of voir dire is to empanel an impartial jury as guaranteed by the Sixth Amendment, but an actual biased juror is not removed for cau… |
| 20-7172 | Dakota Manucy Constantin v. Florida | Florida | 2021-02-17 | Denied | Response WaivedIFP | advisory-guidelines criminal-procedure due-process fifth-amendment judicial-discretion sentencing sentencing-guidelines sixth-amendment uncharged-conduct | Was Constantin denied due process when the sentencing court relied upon uncharged conduct in imposing a sentence in excess of that recommended by the … |
| 20-1127 | Joseph Louis Paduano v. Virginia | Virginia | 2021-02-17 | Denied | Response Waived | 14th-amendment constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment grand-jury incorporation state-courts state-criminal-proceedings | Should Hurtado v. California be overruled? |
| 20-7118 | Terry Allen Miles v. United States | Fifth Circuit | 2021-02-11 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process evidence fifth-amendment sentencing sentencing-procedure sixth-amendment | Did the trial court violate the 5th and 6th Amendments to the Constitution of the United States in overruling Petitioner's objection to the inclusion … |
| 20-1095 | Darius Wayne Haws v. Idaho | Idaho | 2021-02-10 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | appeal-waiver appellate-rights constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment guilty-plea plea-agreement | Whether a criminal defendant's purported waiver of the right to appeal is knowing, intelligent, and voluntary |
| 20-1099 | Gadsden Industrial Park, LLC v. United States | Federal Circuit | 2021-02-10 | Denied | 5th-amendment court-of-federal-claims due-process federal-circuit fifth-amendment inverse-condemnation just-compensation property-rights takings takings-clause tucker-act | Whether the Court should fill a statutory and jurisprudential void in Tucker Act inverse condemnation 'takings' law | |
| 20-7088 | Mohamad Jamal Khweis v. United States | Fourth Circuit | 2021-02-09 | Denied | Response WaivedIFP | constitutional-rights due-process fbi-procedure fifth-amendment fifth-amendment-violations interrogation interrogation-process miranda-rights missouri-v-seibert self-incrimination | Did the intentional utilization by the F.B.I. of a two step interrogation process, without taking remedial measures as required by Missouri v. Seibert… |
| 20-7084 | Mindy Hill v. Google LLC, et al. | District of Columbia | 2021-02-08 | Denied | Response WaivedRelisted (2)IFP | civil-procedure civil-rights closed-captioning digital-content due-process fifth-amendment first-amendment fourteenth-amendment free-speech standing terms-of-service youtube-terms-of-service | Whether the court should resolve the issues regarding Google's YouTube terms of service, safety concerns, and violation of Ms. Hill's first amendment … |
| 20-1079 | Richard E. Boggs v. United States | Fourth Circuit | 2021-02-08 | Denied | Response Waived | 4th-amendment 5th-amendment administrative-law civil-procedure civil-rights federal-procedure fifth-amendment fourth-amendment internal-revenue-enforcement irs-authority judicial-review | Does 26 U.S.C. §7608 establish the relevant requisite authority of IRS agents? |
| 20-7059 | Glen Thomas Dotson v. Dewayne Hendrix, Warden | Eighth Circuit | 2021-02-05 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fair-trial fifth-amendment grand-jury prosecutorial-misconduct right-against-self-incrimination witness-testimony | Was the petitioner deprived of a fair trial due to prosecutorial misconduct? |
| 20-7063 | Pablo Damiani-Melendez v. Robert May, Warden, et al. | Third Circuit | 2021-02-05 | Denied | Response WaivedIFP | certiorari conflict-of-interest constitutional-rights constitutional-violations due-process fifth-amendment ineffective-assistance-of-counsel legal-challenge self-representation sixth-amendment supreme-court-review | Whether the trial court violated Melendez's Sixth Amendment right under the United States and Delaware Constitution when it denied his verbal request … |
| 20-7041 | Bruce Kintrell Green v. United States | Fifth Circuit | 2021-02-04 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-7044 | Gregory Bartunek v. Hall County, Nebraska, et al. | Eighth Circuit | 2021-02-04 | Denied | Response WaivedIFP | fifth-amendment first-amendment fourteenth-amendment free-exercise free-exercise-clause pretrial-detainee pretrial-detainees religious-freedom | Whether failing to provide consistent and reliable opportunities for pretrial detainees to exercise their religious freedoms is a violation of the Fir… |
| 20-1039 | Elizabeth Aviles-Wynkoop v. Department of Defense | Federal Circuit | 2021-01-29 | Denied | Response Waived | 5th-amendment administrative-law double-jeopardy due-process federal-employment federal-regulations fifth-amendment whistleblower | Can the Federal Government violate a Federal Employee's 5th Amendment right by depriving a federal employee of his or her property right (job) without… |
| 20-1014 | Organic Cannabis Foundation, LLC, dba Organicann Health Center v. Commissioner of Internal Revenue | Ninth Circuit | 2021-01-28 | Denied | administrative-law due-process equitable-tolling fifth-amendment judicial-notice jurisdictional-deadline tax-law tax-procedure | Is 26 U.S.C. § 6213(a)'s deficiency petition (90-day) filing deadline jurisdictional under current Supreme Court case law? | |
| 20-6977 | Joshua Ryan Dorman v. United States | Fifth Circuit | 2021-01-28 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6914 | Ryan Clark Petersen v. Alabama | Alabama | 2021-01-26 | Denied | IFP | buchanan-v-kentucky capital-trial criminal-procedure due-process estelle-v-smith expert-testimony fifth-amendment mental-health-evaluation psychological-evaluation self-incrimination | Where a court-appointed mental health expert assures a criminal defendant that the evidence gathered in his psychological evaluation will not be used … |
| 20-6931 | Christopher Shawn Landreneau v. United States | Fifth Circuit | 2021-01-26 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof circuit-split criminal-procedure due-process evidence fifth-amendment presentence-report sentencing sentencing-guidelines | Whether a district court may require a defendant to present his own evidence refuting a presentence investigation report's factual claims leading to a… |
| 20-6940 | Ellery Dennis Thomas v. Raymond Madden, Warden, et al. | Ninth Circuit | 2021-01-26 | Denied | IFP | actual-innocence civil-rights constitutional-violation due-process fifth-amendment fourteenth-amendment habeas-corpus prisoner-rights remittitur sentencing standing | Whether the 5th Amendment of the U.S. Constitution provides an opportunity for a full and fair litigation of an unconstitutional state law that is nev… |
| 20-6942 | Juan Jose Camarena v. United States | Ninth Circuit | 2021-01-26 | Denied | Response WaivedIFP | 18-usc-3583 5th-amendment due-process fifth-amendment gang-affiliation liberty plain-error sentencing-conditions supervised-release vagueness | Is this condition of supervised release a violation of the Fifth Amendment due process right against vague conditions of release and/or a greater depr… |
| 20-6944 | Jose Manuel Zavala-Marti v. United States | First Circuit | 2021-01-26 | Denied | Response WaivedIFP | brady-material civil-procedure due-process fifth-amendment habeas-corpus magistrate-act | whether-zavla-made-a-substantial-showing-of-a-denial-of-his-right-to-due-process |
| 20-991 | Stevie L. England v. DeEdra Hart, Warden | Sixth Circuit | 2021-01-26 | Denied | Response Waived | criminal-procedure davis-v-united-states fifth-amendment interrogation interrogation-standard miranda-rights miranda-v-arizona objective-inquiry right-to-counsel subjective-factors | Whether the 'objective inquiry' required by Davis may be based on subjective factors |
| 20-6925 | Leonidas Iraheta and Eduardo Hernandez v. United States | Ninth Circuit | 2021-01-25 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fifth-amendment judge-found-facts judicial-discretion jury-trial sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit severe increases to the sentences of criminal defendants using judge-found facts rejected by the jury |
| 20-6928 | Timothy Ivey v. United States | Fifth Circuit | 2021-01-25 | Denied | Response WaivedIFP | credibility credibility-determination due-process fifth-amendment out-of-court-identification reliability revocation revocation-hearing supervised-release | Does a district court violate a defendant's due process rights by relying solely on an uncorroborated, recanted, out-of-court identification to revoke… |
| 20-6888 | Christina Elizabeth Pandey v. United States | Fifth Circuit | 2021-01-14 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-937 | Robert Andrews v. New Jersey | New Jersey | 2021-01-13 | Denied | Amici (4)Response RequestedResponse WaivedRelisted (2) | criminal-procedure criminal-prosecution evidence-discovery fifth-amendment foregone-conclusion passcode-disclosure password-disclosure self-incrimination state-supreme-court testimonial-compulsion | Does the Fifth Amendment protect against compelled disclosure of a memorized passcode? |
| 20-928 | National Coalition For Men, et al. v. Selective Service System, et al. | Fifth Circuit | 2021-01-12 | Denied | Amici (4)Relisted (3) | combat-roles constitutional-challenge equal-protection fifth-amendment gender-discrimination military-draft rostker-v-goldberg selective-service | Whether the federal requirement that men but not women register for the Selective Service, authorized under 50 U.S.C. § 3802(a), violates the right to… |
| 20-912 | Abigail Ladd, et al. v. Jack Marchbanks | Sixth Circuit | 2021-01-08 | Denied | Response Waived | 11th-amendment civil-procedure civil-rights due-process fifth-amendment inverse-condemnation just-compensation knick-v-township-of-scott mandamus property-rights takings takings-clause | Whether Ohio's mandamus scheme provides its citizens with a reasonable, certain, and/or adequate procedure or process sufficient to meet the guarantee… |
| 20-6776 | Charod Becton v. United States | Second Circuit | 2021-01-05 | Denied | Response WaivedIFP | alleyne-v-united-states apprendi-v-new-jersey conspiracy conspiracy-liability criminal-law due-process fifth-amendment jury-trial pinkerton-doctrine sixth-amendment | Should this Court abrogate the judicially established Pinkerton doctrine |
| 20-6770 | Lelis Ezequiel Treminio-Tobar v. United States | Fourth Circuit | 2021-01-04 | Denied | Response WaivedIFP | 5th-amendment affirmative-defense criminal-procedure due-process fifth-amendment jury-instruction jury-instructions trial-court | Whether the Fifth Amendment Due Process right to present a defense requires the trial court to instruct the jury that it has a duty to acquit any defe… |
| 20-885 | Next Energy, LLC v. Illinois Department of Natural Resources | Illinois | 2021-01-04 | Denied | Response RequestedResponse WaivedRelisted (2) | due-process fifth-amendment hydraulic-fracturing mineral-rights oil-and-gas permit-moratorium property-rights regulatory-taking regulatory-takings shale-oil shale-oil-leases takings | Whether an unauthorized moratorium on permits needed to drill wells, together with onerous regulations and procedures that exceeded the term of the le… |
| 20-6711 | Pat Dee Leatherman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2020-12-29 | Denied | IFP | 5th-amendment civil-rights due-process effective-assistance-of-counsel exculpatory-evidence fifth-amendment obstruction-of-justice prosecutorial-misconduct standing | Whether the defendant's statement was clearly used against him in violation of the 5th Amendment |
| 20-6713 | Danielle Devona Jones v. United States | Fourth Circuit | 2020-12-29 | Denied | Response WaivedIFP | circuit-split criminal-law drug-trafficking due-process fifth-amendment firearm-offense grand-jury-indictment indictment section-924c statutory-interpretation | Whether Section 924(c) criminalizes two separate offenses - 'carry or use' and 'possession in furtherance of' - and whether both elements must be expl… |
| 20-6715 | Michael Adair Mankin v. United States | Fifth Circuit | 2020-12-29 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6701 | Benjamin Pedraza, III v. Ohio | Ohio | 2020-12-23 | Denied | Response WaivedIFP | cell-phone-data constitutional-rights criminal-procedure eighth-amendment fifth-amendment fourteenth-amendment fourth-amendment law-enforcement-procedure privacy-expectation search-and-seizure warrantless-search | Whether a third party has expectation of privacy in cell-phone data obtained without a warrant |
| 20-6707 | Cary Lee Peterson v. United States | Third Circuit | 2020-12-23 | Denied | Response WaivedIFP | appeals appellate-procedure civil-procedure constitutional-violation due-process fifth-amendment first-amendment judgment procedural-irregularity standing transcripts | Whether the court erred in issuing an unpublished opinion without including the 'Bill of Costs' or 'Attorney's Fees' or 'Costs of Appellate Procedure'… |
| 20-6708 | Tony Decloues v. Darrel Vannoy, Warden | Fifth Circuit | 2020-12-23 | Denied | Response WaivedIFP | confession confession-voluntariness due-process fifth-amendment fourteenth-amendment sixth-amendment strickland-standard | Whether the court of appeal should have granted COA where the district court employed a constitutionally impermissible standard in evaluating the volu… |
| 20-6690 | Randolph Burleson v. United States | Ninth Circuit | 2020-12-22 | Denied | Relisted (2)IFP | constitutional-rights criminal-indictment criminal-law federal-jurisdiction fifth-amendment indictment jurisdiction mens-rea sixth-amendment | Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea element of the offense |
| 20-6691 | Cesar Armenta Lopez v. United States | Eleventh Circuit | 2020-12-22 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment procedural-fairness sixth-amendment supervised-release united-states-v-haymond | Did the district court's failure to afford petitioner an opportunity to be heard prior to adjudicating him guilty of supervised release violations as … |
| 20-838 | Kim Blandino v. Nevada, et al. | Nevada | 2020-12-22 | Denied | constitutional-rights criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment free-exercise impartial-judge judicial-impartiality structural-error | Whether a criminal defendant's right to an impartial judge under the Fifth and Fourteenth Amendments requires correction before trial or conviction | |
| 20-6669 | Brian Zellner v. Georgia | Georgia | 2020-12-21 | Denied | Response WaivedIFP | 5th-amendment constitutional-provision criminal-charges criminal-prosecution double-jeopardy fifth-amendment first-offender-statute state-prosecution substantive-criminal-charges | Double Jeopardy Clause |
| 20-6670 | Janice Sue Taylor v. United States | Federal Circuit | 2020-12-21 | Denied | Response WaivedIFP | 1st-amendment 5th-amendment appellate-jurisdiction constitutional-rights due-process federal-statutes fifth-amendment first-amendment jurisdiction title-26-usc | Has the petitioner's constitutional rights been violated by the appellate court's denial of due process? |
| 20-6679 | Larry Dortley v. Florida | Florida | 2020-12-21 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | civil-rights competency criminal-procedure drope-v-missouri due-process equal-protection fifth-amendment fourteenth-amendment mental-competency trial-rights | Whether the Equal Protection and Due Process of Law Clauses of the Fifth and Fourteenth Amendments to the United States Constitution, and the United S… |
| 20-6633 | Eduardo David Vargas v. California | California | 2020-12-15 | Denied | IFP | aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment jury-finding jury-trial reasonable-doubt sixth-amendment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior c… |
| 20-802 | Virginia Ann Kurschinske v. Pennsylvania | Pennsylvania | 2020-12-15 | Denied | civil-rights constitutional-interpretation double-jeopardy due-process equal-protection fifth-amendment final-order-of-acquittal fourteenth-amendment state-law | Are Pennsylvania state laws constitutional? | |
| 20-801 | Frank DeLucia v. Greenbuild, LLC, et al. | New York | 2020-12-14 | Denied | Response Waived | 14th-amendment 5th-amendment civil-procedure constitutional-rights contempt due-process fifth-amendment fourteenth-amendment subpoena witness-appearance | Is it a violation of the Due Process clauses of the United State Constitution, 5s Amendment and 14th Amendment to punish a party by dismissing his pro… |
| 20-6611 | John Paul Mullaney v. University of St. Thomas | Minnesota | 2020-12-11 | Denied | IFP | academic-sanctions censorship civil-rights discovery discovery-rule due-process ferpa fifth-amendment | Is the intent of FERPA to protect the privacy of student and faculty as a preliminary subsociety, not use 20 U.S.C. § 1232g(a)(4)(B)G&ii) in a punitiv… |
| 20-6613 | C. D. Pickle, Jr., aka Clanton D. Pickle, Jr. v. Mississippi | Mississippi | 2020-12-11 | Denied | Response WaivedIFP | constitutional-law due-process equal-protection fifth-amendment fourteenth-amendment judicial-review legal-procedure petition supreme-court takings-clause writ-of-certiorari | Whether the construction of the Takings Clause of the Fifth Amendment to the U.S. Constitution violates the Due Process and Equal Protection Clauses o… |
| 20-6583 | Edgar Espinoza v. United States | Ninth Circuit | 2020-12-09 | Denied | Relisted (2)IFP | constitutional-defect criminal-indictment criminal-procedure federal-jurisdiction fifth-amendment guilty-plea indictment jurisdiction mens-rea sixth-amendment | Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea element of the offense |
| 20-6585 | Bernard Moore v. United States | Eleventh Circuit | 2020-12-09 | Dismissed | IFP | appellate-review circuit-split criminal-law criminal-procedure due-process felon-in-possession fifth-amendment jury-instructions rehaif-standard rehaif-v-united-states substantial-rights | Whether courts of appeals may consider the entire record, including a presentence report, in determining if the defendant's substantial rights were af… |
| 20-6591 | Jose Delores Vanegas v. United States | Fourth Circuit | 2020-12-09 | Denied | Response WaivedIFP | constitutional-rights conviction due-process fifth-amendment fourth-amendment judicial-discretion prosecutorial-misconduct remand | whether-the-trial-court-abused-its-discretion |
| 20-6557 | Richard Cruz v. United States | Second Circuit | 2020-12-08 | Denied | Response WaivedIFP | criminal-law due-process felony-drug-offense fifth-amendment jury-verdict mandatory-minimum-sentence sentencing sixth-amendment vagueness vagueness-doctrine | Whether the definition of 'felony drug offense' for the purposes of 21 U.S.C. §851 is void for vagueness after Johnson, Dimaya, and Davis |
| 20-6566 | Anilou Beltran Del Rio v. United States | Fifth Circuit | 2020-12-08 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-775 | Clifford Williams v. Louisiana | Louisiana | 2020-12-07 | Denied | Response Waived | constitutional-rights criminal-procedure due-process evidence-admissibility fifth-amendment fourteenth-amendment right-to-present-defense self-defense sixth-amendment | Whether a state court's arbitrary decision to deny a defendant the ability to present his self-defense case amounts to a denial of the fundamental con… |
| 20-6511 | Jose Antonio Lugo-Guerrero, aka Antonio Moraima, aka Fernando Rivera-Rodriguez, aka Alex v. United States | First Circuit | 2020-12-03 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-review plea-bargaining sentencing sixth-amendment | Whether this Court should grant this petition because the First Circuit's judgment affirming the district court's judgment violates Mr. Lugo-Guerrero'… |
| 20-6513 | Calvin Teko Coston v. United States | Fourth Circuit | 2020-12-03 | Denied | Response WaivedIFP | constitutional-challenge due-process fifth-amendment jury-trial mandatory-imprisonment revocation sentencing-discretion sixth-amendment supervised-release united-states-v-haymond | Whether 18 U.S.C. § 3583(g) violates the Fifth and Sixth Amendments |
| 20-6507 | Darrell Berry, et ux. v. Wells Fargo Bank, N.A., et al. | Fifth Circuit | 2020-12-02 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment civil-rights constitutional-rights due-process federal-court federal-jurisdiction fifth-amendment foreclosure rooker-feldman-doctrine state-court | Whether the Berrys' Fifth Amendment Rights to Due Process were Violated |
| 20-742 | Steven Bruce v. Alex M. Azar, II, Secretary of Health and Human Services, et al. | Ninth Circuit | 2020-11-30 | Denied | Response Waived | administrative-law due-process false-and-misleading fifth-amendment medically-acceptable-indications medicare-part-d ninth-circuit rehabilitation-act rehabilitation-act-section-504 | Can the U.S. Court of Appeals for the Ninth Circuit sidestep issues under Medicare Part D by not looking behind a compendium's Medically Acceptable In… |
| 20-6434 | Julian Madero-Diaz, aka Hector Ramon Castillo v. United States | Ninth Circuit | 2020-11-25 | Denied | Response WaivedIFP | 18-usc-3583 constitutional-punishment fifth-amendment jury-trial punishment-scheme sentencing-procedure sixth-amendment supervised-release | Whether a judge's decision to revoke a person's supervised release and send him to prison subjects him to an unconstitutional punishment scheme under … |
| 20-710 | John Grove v. Stephen A. Groome, et al. | Tenth Circuit | 2020-11-23 | Denied | Response Waived | attorney-fees civil-rights due-process fifth-amendment fourteenth-amendment property-interest right-to-appeal small-claims-court takings | Does Grove have a protected property interest under the Fifth and Fourteenth Amendments such that he has a civil-rights-claim and takings-claim agains… |
| 20-6371 | Antoine Moseley v. Daniel Clarke | Seventh Circuit | 2020-11-19 | Denied | IFP | 14th-amendment 5th-amendment double-jeopardy double-jeopardy-clause due-process fact-finding fifth-amendment fourteenth-amendment insufficient-evidence prosecutorial-misconduct statutory-elements | Double Jeopardy |
| 20-691 | Lih Bin Shih v. Nathan Brooks Parnell | California | 2020-11-18 | Denied | civil-rights clean-hands-doctrine due-process fifth-amendment first-amendment fourteenth-amendment free-speech government-petition petition-clause police-reports retaliation | Whether the Court may deny Petitioner's First Amendment right to petition the Government for a redress of grievances | |
| 20-6339 | George B. Larsen v. United States | Ninth Circuit | 2020-11-17 | Denied | IFP | bad-faith-defense bank-fraud due-process fair-trial fifth-amendment jury-instructions sixth-amendment | Whether the district court's bank-fraud jury instructions that erroneously omitted a factually supported bad-faith defense violated the defendants' Fi… |
| 20-6346 | Demarcus D. Morris v. United States | Fifth Circuit | 2020-11-17 | Denied | Response WaivedIFP | controlled-substances criminal-procedure criminal-sentencing double-jeopardy drug-conspiracy due-process fifth-amendment indictment-vagueness rico rico-statute sentencing | Whether the RICO and drug conspiracy counts in the indictment are unconstitutionally vague, whether the evidence supports the crack cocaine distributi… |
| 20-6354 | Richard A. Poplawski v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. | Third Circuit | 2020-11-17 | Denied | Response WaivedIFP | appellate-procedure civil-procedure civil-rights due-process equal-protection fee-provisions fifth-amendment in-forma-pauperis prison-litigation-reform-act standing | Can courts strategically exempt litigants from the law to thwart test cases? |
| 20-6357 | Paul Cook v. Appellate Division of the Superior Court of California, Los Angeles | California | 2020-11-17 | Denied | Relisted (2)IFP | 14th-amendment 5th-amendment criminal-prosecution due-process fifth-amendment for-profit-law-firm fourteenth-amendment impartiality private-law-firm prosecutorial-impartiality | Can a for-profit law firm be contracted to criminally prosecute someone and still be impartial under the Due Process clauses? |
| 20-6335 | Duane Allen Sikes v. United States | Eleventh Circuit | 2020-11-16 | Denied | Response WaivedIFP | criminal-sentencing due-process fifth-amendment preponderance-of-evidence sentencing sentencing-guidelines sixth-amendment uncharged-conduct | Whether the Fifth and Sixth Amendments preclude a district court from increasing a defendant's sentence based on conduct, uncharged and unrelated to t… |
| 20-6342 | Pedro Gutierrez v. United States | Fourth Circuit | 2020-11-16 | Denied | Response WaivedIFP | civil-procedure criminal-procedure due-process evidence fifth-amendment general-verdict judgment-of-acquittal rico rico-case special-verdict | Whether a RICO 'Gang' Case Certified as Complex Should Require the Use of a Special Verdict Form Rather Than a General Verdict Form |
| 20-6317 | Robert Petty v. Indiana | Indiana | 2020-11-13 | Denied | Response WaivedIFP | appellate-review closing-arguments constitutional-rights due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel sentencing sixth-amendment trial-procedure | Whether the Indiana Courts erred in denying Appellant effective assistance of trial counsel during closing arguments and sentencing, violating the Fif… |
| 20-6285 | Brittany Shanice Williams v. United States | Fifth Circuit | 2020-11-12 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6292 | Alonte Deshavion Richey v. United States | Fifth Circuit | 2020-11-12 | Denied | Response WaivedIFP | constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release | Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-645 | Standing Akimbo, LLC, et al. v. United States | Tenth Circuit | 2020-11-12 | Denied | Relisted (13) | 16th-amendment 4th-amendment controlled-substances-act fifth-amendment fourth-amendment preemption self-incrimination state-rights supremacy-clause tax-law | Does Colorado's state-legal cannabis sales violate the Controlled Substances Act? |
| 20-6262 | Daniel Twian Brown v. Steven Johnson, Administrator, New Jersey State Prison, et al. | Third Circuit | 2020-11-10 | Denied | IFP | certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment ineffective-counsel warrantless-arrest | Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability |
| 20-6254 | Roberto Yoquigua Lopez v. United States | Ninth Circuit | 2020-11-09 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment confidentiality criminal-procedure defendant-rights due-process duress-defense fair-trial fifth-amendment pre-trial-disclosure sixth-amendment testimonial-confidentiality | Whether and to what extent the Fifth and Sixth Amendments permit a defendant to keep all of the details of his duress confidential before trial, or wh… |
| 20-6257 | Finnis Davis, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2020-11-09 | Denied | IFP | appeal constitutional-rights criminal-procedure due-process evidence fifth-amendment ineffective-assistance ineffective-assistance-of-counsel medical-records murder-evidence | Whether the state presented sufficient evidence to convict Mr. Davis of attempted capital murder |
| 20-6260 | Sherman Johnson, Jr. v. United States | Eighth Circuit | 2020-11-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | eighth-circuit equal-protection fifth-amendment flowers-v-mississippi foster-v-chatman juror-strikes jury-selection miller-el-v-dretke prosecutorial-discrimination voir-dire | Whether the District Court and United States Court of Appeals for the Eighth Circuit considered the full context of the other evidence of discriminati… |
| 20-6227 | Cameron Battiste v. United States | Seventh Circuit | 2020-11-05 | Denied | Relisted (2)IFP | criminal-procedure due-process fifth-amendment grand-jury plain-error-review sixth-amendment | Whether a defective indictment that omits an element of the charged offense deprives the defendant of Fifth and Sixth Amendment rights |
| 20-6215 | Abrahan Garcia-Morales, aka Abraham Garcia-Morales v. United States | Ninth Circuit | 2020-11-04 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure custodial-interrogation due-process evidence-law fifth-amendment right-to-silence self-incrimination | Whether the prosecutor's use of a defendant's 'partial silence' during a custodial interrogation violates the Fifth Amendment |
| 20-591 | Daniel Greer, Rabbi, et al. v. Eliyahu Mirlis | Second Circuit | 2020-11-03 | Denied | Response Waived | adverse-inference civil-procedure civil-rights due-process evidentiary-inference fifth-amendment privilege self-incrimination | What factors determine whether an adverse inference may be drawn against a party to a civil action following the party's invocation of the Fifth Amend… |
| 20-6188 | Joshua Chiazor Ezeka v. Minnesota | Minnesota | 2020-11-03 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights custodial-interrogation fifth-amendment miranda-v-arizona miranda-warning plain-error right-to-counsel sixth-amendment | Whether Petitioner's custodial statements should be suppressed due to lack of Miranda warning |
| 20-6189 | Francisco Javier Nunez v. United States | Fifth Circuit | 2020-11-02 | Denied | Response WaivedIFP | 5th-amendment base-offense-level constructive-possession due-process fifth-amendment firearm firearm-enhancement scienter sentencing-enhancement substantive-due-process | Whether the District Court denied the Petitioner's constitutional right to substantive due process under the Fifth Amendment in this constructive poss… |
| 20-6144 | David Allen Kuntz v. California | California | 2020-10-28 | Denied | Response WaivedIFP | appellate-procedure coercion confession constitutional-rights due-process fifth-amendment fourteenth-amendment miranda-rights personal-autonomy psychological-evaluation trial-counsel | Whether appellant's waiver of his rights under Miranda v. Arizona and the Fifth and Fourteenth Amendments was not knowing, intelligent, and voluntary |
| 20-546 | Michigan v. Laricca Seminta Mathews | Michigan | 2020-10-26 | Denied | constitutional-interpretation criminal-procedure custodial-interrogation due-process fifth-amendment miranda-rights right-to-counsel sixth-amendment | Whether Miranda v. Arizona is satisfied when a suspect in custody is advised of the right to an attorney but not explicitly advised of the right to th… | |
| 20-6123 | Dale C. Holcombe v. Florida | Florida | 2020-10-23 | Denied | Response WaivedIFP | appellate-review civil-rights constitutional-law criminal-conviction criminal-procedure due-process fifth-amendment racketeering stolen-property | Whether possession of an item that is one or more transactions removed from an alleged theft constitutes possession of stolen property |
| 20-529 | Richard E. Boggs v. United States | Fourth Circuit | 2020-10-21 | Denied | Response WaivedRelisted (2) | 4th-amendment 5th-amendment administrative-law administrative-procedure civil-rights enforcement-scope fifth-amendment fourth-amendment internal-revenue-enforcement irs-authority judicial-review standing | Does 26 U.S.C. §7608 establish the relevant requisite authority of IRS agents? |
| 20-6101 | Rachel Mae Skidmore v. United States | Fifth Circuit | 2020-10-21 | Denied | Response WaivedIFP | constitutional-interpretation constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-construction statutory-interpretation | Whether 18 U.S.C. 3§583(g)(1) comports with the Fifth and Sixth Amendments? |
| 20-6102 | Dontayous Tonard Cameron v. United States | Eleventh Circuit | 2020-10-21 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment due-process fifth-amendment parole revocation-sentence sentencing-scheme sixth-amendment statutory-maximum supervised-release | Is 18 U.S.C. § 3583(e) unconstitutional as applied? |
| 20-6066 | Rodolfo Segura-Virgen v. United States | Fourth Circuit | 2020-10-20 | Denied | Relisted (2)IFP | aggravated-felony civil-rights criminal-procedure deportation-order due-process fifth-amendment illegal-reentry immigration judicial-review pro-se-waiver removal-order | Whether courts evaluating a prior removal order in the context of a criminal prosecution for illegal reentry are required to apply the law as it is no… |
| 20-513 | Jan Rouven Fuechtener v. United States | Ninth Circuit | 2020-10-19 | Denied | Response Waived | appeal-as-of-right appeals civil-procedure due-process fifth-amendment judicial-procedure merits-panel motions-panel | Whether the Due Process Clause of the Fifth Amendment is violated when an appeal as of right is heard and disposed of by a motions panel, rather than … |
| 20-6049 | Isidoro Gonzalez-Ferretiz v. United States | Fourth Circuit | 2020-10-16 | Denied | Relisted (2)IFP | aggravated-felony criminal-procedure deportation-order due-process fifth-amendment immigration judicial-review mendoza-lopez pro-se-alien waiver waiver-of-appeal | Whether a pro se alien's waiver of the right to appeal is 'considered and intelligent' under Mendoza-Lopez in the absence of an opportunity to dispute… |
| 20-489 | Pedro M. Bess v. United States | Armed Forces | 2020-10-15 | Denied | convening-authority court-martial due-process equal-protection fifth-amendment military-justice racial-discrimination standing | Whether 10 U.S.C. § 825 violates the Fifth Amendment | |
| 20-491 | Sandy Perez Hernandez v. Texas | Texas | 2020-10-15 | Denied | capital-murder criminal-procedure double-jeopardy fifth-amendment ineffective-assistance-of-counsel manslaughter texas-law | Does the Fifth Amendment's double jeopardy clause bar conviction for intentional injury to a child following acquittal for capital murder, but convict… | |
| 20-6012 | Allen Young v. United States | Seventh Circuit | 2020-10-14 | Denied | Response WaivedIFP | constitutional-defect discovery-violations due-process fifth-amendment fourth-amendment indictment-defects insufficient-evidence perjury prosecutorial-misconduct search-and-seizure | Question not identified |
| 20-5999 | Sonya Porter v. Pennsylvania | Pennsylvania | 2020-10-13 | Denied | Response WaivedIFP | continuous-crime criminal-procedure double-jeopardy fifth-amendment plea-bargaining prosecution welfare-fraud | Where a state criminal rule allows for dismissal of a case on the merits rather than via conviction or acquittal, is this sufficient to trigger protec… |
| 20-460 | Richard E. Boggs v. United States | Fourth Circuit | 2020-10-09 | Denied | Response Waived | 5th-amendment administrative-determination due-process fifth-amendment irs property-seizure tax-liability withholding-certificate | Did the IRS deprive the petitioner of his Constitutional Fifth Amendment right to due process? |
| 20-455 | Daniel Carpenter v. United States | Second Circuit | 2020-10-08 | Denied | Response Waived | due-process fifth-amendment post-indictment-delay post-verdict-delay pre-indictment-delay sentencing-delay sixth-amendment speedy-trial | Whether the Government's prosecution of the Petitioner violated his Sixth Amendment right to a Speedy Trial and/or his Fifth Amendment right to Due Pr… |
| 20-5922 | Julia Hook v. United States, et al. | Tenth Circuit | 2020-10-07 | Denied | Response WaivedIFP | appellate-review court-access due-process fifth-amendment first-amendment judicial-abuse judicial-bias judicial-taking sanctions | Whether the United States Court of Appeals for the Tenth Circuit has so far departed from the accepted and usual course of judicial proceedings |
| 20-5939 | Kadeem Burden v. United States | Fifth Circuit | 2020-10-07 | Denied | Relisted (4)IFP | criminal-procedure due-process fifth-amendment firearm-possession jury-instructions plain-error-review rehaif-standard rehaif-v-united-states sixth-amendment | Whether a reviewing court may affirm a conviction under plain error review based on speculation about the defendant's knowledge of his prohibited stat… |
| 20-438 | Tatiana Reiter, et al. v. New Jersey | New Jersey | 2020-10-06 | Denied | affordable-housing constitutional-protections constitutional-rights due-process fifth-amendment fourteenth-amendment marital-property property-rights takings tenancy-by-entirety | Whether a temporary, notwithstanding extended, absence by one spouse from a marital residence justifies a court ordered termination of a tenancy by th… | |
| 20-431 | John L. Corrigan, Sr. v. Grant County, Washington, et al. | Washington | 2020-10-05 | Denied | Response Waived | appellate-procedure appellate-review civil-procedure civil-rights due-process fifth-amendment motion-to-dismiss standing sua-sponte summary-judgment | Was Corrigan's U.S. Constitutional Fifth Amendment right to due process violated? |
| 20-432 | S. O., et al. v. District of Columbia | District of Columbia | 2020-10-05 | Denied | Response WaivedRelisted (2) | civil-neglect civil-procedure civil-rights constitutional-protections due-process evidence fabricated-evidence fifth-amendment perjured-testimony perjury standing | Whether the Fifth Amendment prohibits the District of Columbia's use of fabricated evidence and perjured testimony in a civil child neglect proceeding… |
| 20-5908 | Mikel Clotaire v. United States | Eleventh Circuit | 2020-10-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure eleventh-circuit-precedent fair-trial fifth-amendment fourteenth-amendment mug-shot-admission presumption-of-innocence sixth-amendment sixth-circuit-precedent | Whether the Eleventh Circuit's decision to admit a mug shot in a criminal trial absent a need for the evidence splits with well-established Sixth Circ… |
| 20-5910 | Robert Coleman v. United States | Fifth Circuit | 2020-10-05 | Denied | Response WaivedIFP | civil-rights constitutional-law constitutional-rights criminal-procedure due-process fifth-amendment relevant-conduct sentencing sentencing-enhancement statutory-interpretation | What constitutes relevant conduct? |
| 20-5891 | Mauricio Alvarez v. United States | Eleventh Circuit | 2020-10-02 | Denied | Response WaivedIFP | 5th-amendment criminal-law due-process fifth-amendment mens-rea negligence seaman's-manslaughter-statute statutory-interpretation statutory-vagueness subjective-interpretation void-for-vagueness | Whether the Seaman's Manslaughter Statute, 18 U.S.C. Sec. 1115, is unconstitutionally vague |
| 20-5894 | Jorge Eduardo Nava v. United States | Fifth Circuit | 2020-10-02 | Denied | Response WaivedIFP | criminal-liability criminal-sentencing due-process fifth-amendment preponderance-of-evidence relevant-conduct sentencing-guidelines standard-of-proof unrelated-offense | Does the Fifth Amendment's Due Process Clause require a heightened standard of proof to dramatically increase a criminal defendant's prison sentence f… |
| 20-417 | Sanjay Bhardwaj v. State Bar of California | California | 2020-10-01 | Denied | Response Waived | appellate-review civil-procedure civil-rights due-process fifth-amendment forgery new-trial new-trial-motion standing state-bar trial-transcripts | Can California State Bar Court consider trial transcripts which are not certified, are false and product of antecedent forgery after trial, for purpos… |
| 20-413 | Jozlyn Thomas v. James Scott Blevins | California | 2020-09-30 | Denied | 14th-amendment 5th-amendment beneficiary-rights civil-procedure constitutional-due-process due-process fifth-amendment fourteenth-amendment notice notice-requirements trust trust-administration | Whether the Fifth and Fourteenth Amendments void a trial court order approving a trust account and distribution between trustee and beneficiary withou… | |
| 20-401 | Devan Pierson v. United States | Seventh Circuit | 2020-09-28 | Denied | circuit-split constructive-amendment criminal-procedure fifth-amendment grand-jury grand-jury-clause plain-error prejudice rule-52b substantial-rights | What test should be used to determine prejudice from a constructive amendment under Rule 52(b)? | |
| 20-403 | Jose Edward Valentin, et al. v. California | California | 2020-09-28 | Denied | 14th-amendment 5th-amendment constitutional-challenge criminal-law due-process fifth-amendment fourteenth-amendment municipal-code vagueness zoning zoning-ordinance | Whether Santa Monica Municipal Code Section 9.51.020 (A)(1)(e) is unconstitutional | |
| 20-404 | In Re John Masiz | 2020-09-28 | Denied | 5th-amendment article-ii article-iii civil-rights consent-decree due-process fifth-amendment securities-law sua-sponte | Whether the federal court exceeded its Article III authority by initiating a sua sponte investigation into a defendant's compliance with a consent dec… | ||
| 20-5795 | Donald Mitchell Tedford v. Pennsylvania | Pennsylvania | 2020-09-24 | Denied | IFP | discoverable-information due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel pennsylvania-law post-conviction-relief post-conviction-relief-act | Whether the Post-Conviction Relief Act procedures of Pennsylvania law were applied to Petitioner in violation of his Fifth and Fourteenth Amendment ri… |
| 20-368 | Eric Christopher Hall v. United States | Fourth Circuit | 2020-09-23 | Denied | Response Waived | 5th-amendment appellate-counsel constructive-possession contraband due-process fifth-amendment intent physical-evidence presentence-report residence | Does constructive possession violate due process? |
| 20-5770 | David A. Bridgewater v. United States | Seventh Circuit | 2020-09-23 | Denied | Response WaivedIFP | apprendi-rule dismissed-conduct due-process fifth-amendment judicial-fact-finding sentencing sentencing-guidelines sixth-amendment substantive-reasonableness | Whether the Fifth and Sixth Amendments prohibit a court from relying solely on dismissed conduct to impose an otherwise substantively unreasonable sen… |
| 20-5752 | Christopher Aundre Faulkner, aka Christopher A. Faulkner v. United States | Fifth Circuit | 2020-09-21 | Denied | Response WaivedIFP | criminal-procedure discovery discovery-obligations due-process fifth-amendment government-diligence government-misconduct pretrial-detention | Whether a prolonged length of pretrial detention violates the Due Process Clause of the Fifth Amendment because the government has failed to exercise … |
| 20-350 | Daniel Flores v. Christian Pfeiffer, Warden | Ninth Circuit | 2020-09-16 | Denied | Response RequestedResponse WaivedRelisted (2) | 14th-amendment 5th-amendment confession-coercion confidential-informant due-process false-confession fifth-amendment fourteenth-amendment mexican-mafia | Are a defendant's Fifth and Fourteenth Amendment due process rights violated by the placement of a paid confidential informant in an adjacent cell who… |
| 20-5723 | Demetrius Calhoun v. Florida Department of Corrections | Eleventh Circuit | 2020-09-16 | Denied | Relisted (2)IFP | fifth-amendment just-compensation physical-appropriation private-property public-use takings-clause | Whether the Takings Clause of the Fifth Amendment requires the government to pay just compensation when it physically appropriates private property fo… |
| 20-335 | Maryland Reclamation Associates, Inc. v. Harford County, Maryland | Maryland | 2020-09-14 | Denied | Response Waived | administrative-variance due-process fifth-amendment just-compensation penn-central penn-central-test property-rights takings-clause | Whether an administrative variance decision precludes a subsequent independent Takings Clause lawsuit |
| 20-5689 | Orlando Bell v. United States | District of Columbia | 2020-09-14 | Denied | IFP | acquitted-conduct constitutional-rights due-process fifth-amendment jury sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a defendant's sentence on conduct for which the jury acquitted the defenda… |
| 20-5693 | In Re Terron Garhard Dizzley | 2020-09-14 | Denied | Relisted (2)IFP | burden-of-proof constitutional-rights double-jeopardy fifth-amendment hung-jury jury mistrial trial-procedure unanimous-verdict | Whether the judges ruling that the jury's failure to reach a unanimous decision was not a failure on the jury's part was acquittal and the constitutio… | |
| 20-323 | John S. Barth v. City of Peabody, Massachusetts | First Circuit | 2020-09-11 | Denied | Response Waived | civil-procedure civil-rights compensation due-process equal-protection fifth-amendment municipal-ordinance property property-rights regulatory-taking takings | Did municipal denial of permission to rebuild a home effect a taking of private property, where an ex post facto ordinance prohibited all other econom… |
| 20-5669 | Christopher Paul George v. United States | Ninth Circuit | 2020-09-11 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey constitutional-procedure criminal-restitution equity-practice fifth-amendment jury-trial jury-verdict seventh-amendment sixth-amendment | Whether Apprendi applies to a mandatory criminal restitution order, and whether the Seventh Amendment requires a restitution order to comply with trad… |
| 20-303 | United States v. Jose Luis Vaello Madero | First Circuit | 2020-09-09 | Judgment Issued | Amici (31)Relisted (6) | civil-rights congressional-authority due-process equal-protection federal-benefits fifth-amendment puerto-rico statutory-interpretation supplemental-security-income territorial-rights | Whether Congress violated the equal-protection component of the Due Process Clause of the Fifth Amendment |
| 20-5622 | Larry E. Starks, Jr. v. United States District Court for the Central District of Illinois | Seventh Circuit | 2020-09-09 | Denied | Response WaivedIFP | career-offender constitutional-rights criminal-procedure fifth-amendment judicial-discretion sentencing sentencing-enhancement statutory-interpretation tenth-amendment | Whether the court of appeals erred in terminating the inquiry into whether the petitioner met the requirements for a writ of certiorari |
| 20-265 | Leon Oscar Ramirez, Jr., et al. v. ConocoPhillips Company, et al. | Texas | 2020-09-02 | Denied | Response Waived | common-law constitutional-amendment due-process fifth-amendment fourteenth-amendment mineral-rights property-rights takings takings-clause | Whether the Fifth and Fourteenth Amendments prohibit common law courts from eliminating property ownership by changing or disregarding their common la… |
| 20-5565 | Mary Jo Weidrick v. Donald J. Trump, President of the United States, et al. | Second Circuit | 2020-09-02 | Denied | Response WaivedRelisted (2)IFP | attorney-interference civil-procedure civil-rights constitutional-rights due-process executive-order fifth-amendment first-amendment investigation-misconduct national-security standing | Whether this case is frivolous |
| 20-259 | Minhnga Nguyen v. The Boeing Company | Ninth Circuit | 2020-09-01 | Denied | Response Waived | 5th-amendment discrimination disparate-treatment due-process employment-discrimination fifth-amendment fourteenth-amendment public-safety public-safety-reporting retaliation whistleblower wrongful-termination | Did Boeing violate the Fifth Amendment and public safety when it punished Plaintiff for Plaintiff's saving hundreds of human lives from potential airp… |
| 20-248 | Irving F. Rounds, Jr. v. Charles Koch, et al. | First Circuit | 2020-08-31 | Denied | Relisted (2) | 5th-amendment case-dismissal civil-procedure constitutional-rights due-process evidence fifth-amendment judicial-recusal procedural-fairness recusal standing | Whether the lower courts deprived the petitioner of due process rights by failing to provide an opportunity to be heard, properly weigh the evidence, … |
| 20-5540 | Ugunda Giovanni Sanders v. United States | Sixth Circuit | 2020-08-31 | Denied | Response WaivedIFP | conspiracy-charge constructive-amendment double-jeopardy due-process fifth-amendment grand-jury plea-agreement plea-bargaining prosecutorial-discretion relevant-conduct | Did the Government violate Sanders's rights under the Fifth Amendment to have a grand jury consider the charge and to have the Government honor its im… |
| 20-5512 | James L. Miller v. Scott S. Harris, Clerk, Supreme Court of the United States, et al. | Ninth Circuit | 2020-08-27 | Denied | Response WaivedIFP | fifth-amendment just-compensation physical-appropriation private-property public-use takings-clause | Whether the Takings Clause of the Fifth Amendment requires the government to pay just compensation when it physically appropriates private property fo… |
| 20-5531 | Cynthia Holmes v. James Y. Becker, et al. | Fourth Circuit | 2020-08-27 | Denied | Relisted (2)IFP | 14th-amendment 7th-amendment 8th-amendment civil-rights constitutional-challenge due-process eighth-amendment fifth-amendment first-amendment fourteenth-amendment free-speech seventh-amendment | Whether the revised South Carolina Frivolous Proceedings Act (FPA), S.C. Code § 15-36-10, is unconstitutional |
| 20-5532 | Larry Golden v. United States | Federal Circuit | 2020-08-27 | Denied | Response WaivedRelisted (3)IFP | administrative-review fifth-amendment government-taking government-use implied-in-fact-contract intellectual-property just-compensation takings | Has the Government taken private property under the Fifth Amendment Clause of the U.S. Constitution for the benefit of the public without paying just … |
| 20-5505 | Keith O. Johnson v. Florida | Florida | 2020-08-26 | Denied | Response WaivedIFP | competency competency-hearing constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment fundamental-error mental-health | Whether a defendant can be proceeded against in a criminal proceeding where a question of the defendant's competency has been raised and recognized by… |
| 20-5481 | Fredrick Brown v. United States | Third Circuit | 2020-08-25 | Denied | Response WaivedIFP | cross-examination federal-rules-of-evidence fifth-amendment mens-rea prior-acts sixth-amendment victim-witness-evidence | Were the Petitioner's rights under the Fifth and Sixth Amendments infringed? |
| 20-5484 | Haider Salah Abdulrazzak v. J. C. Smith, et al. | Eighth Circuit | 2020-08-25 | Denied | IFP | 5th-amendment civil-rights constitutional-rights discrimination due-process fifth-amendment parole parole-revocation retaliation supervisory-liability | Whether Petitioner's claims that his parole was revoked due to invoking his Fifth Amendment Right to refuse to incriminate himself could establish Sup… |
| 20-5488 | Franklin Rafael Lopez Toala v. United States | Eleventh Circuit | 2020-08-25 | Denied | Response WaivedIFP | 5th-Amendment appellate-record due-process evidentiary-hearing fifth-amendment Gardner-v-Florida judicial-procedure presentence-investigation sentencing sentencing-review | Whether the Eleventh Circuit may consider new materials not presented to the sentencing court |
| 20-203 | LaDonna Degan, et al. v. Board of Trustees of the Dallas Police and Fire Pension System | Fifth Circuit | 2020-08-21 | Denied | Response Waived | constitutional-rights dallas-pension-statute federal-circuit-split fifth-amendment legislative-amendment property-interest retirement-funds takings-clause | Whether a retiree's ownership interest in earned and accrued retirement funds is a cognizable property interest for purposes of a Fifth Amendment Taki… |
| 20-5415 | Gillman Roddy Long, aka Dave Gillman Long v. United States | Eighth Circuit | 2020-08-19 | Denied | Response WaivedIFP | 5th-amendment appeal-review civil-rights criminal-procedure due-process evidence fifth-amendment habeas-corpus self-incrimination sixth-amendment | Does an objection to the government's argument that a defendant 'had not denied the accusations against him' violate the Fifth Amendment? |
| 20-180 | Matthew William George v. Virginia | Virginia | 2020-08-18 | Denied | 5th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process fifth-amendment first-amendment free-speech post-commitment probation-restrictions | Does a Virginia Court have the authority to extinguish a defendant's post commitment First Amendment Rights? | |
| 20-181 | Daniel L. Miles v. Kristine Svinicki, et al. | Seventh Circuit | 2020-08-18 | Denied | Response Waived | civil-rights class-action class-certification discriminatory-hiring due-process employment-discrimination federal-rules-of-civil-procedure fifth-amendment involuntary-servitude thirteenth-amendment | Whether the Seventh Circuit panel majority's decision conflicts with the Thirteenth and Fifth Amendments |
| 20-5377 | Brandon Ray Buckles v. United States | Ninth Circuit | 2020-08-17 | Denied | Response WaivedIFP | §-2255-motion 28-usc-2255 due-process evidentiary-hearing federal-prisoner fifth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel | Is a district court's summary denial of a federal prisoner's § 2255 motion without an evidentiary hearing improper when the prisoner alleges ineffecti… |
| 20-5381 | Lawrence F. Curtin v. Kimberly Cortez | Eleventh Circuit | 2020-08-17 | Denied | Response WaivedIFP | eighth-amendment fifth-amendment first-amendment florida fourteenth-amendment fourth-amendment judicial-qualification-commission petition redress-of-grievances sixth-amendment state-court-judge | First Amendment right to petition Florida's Judicial Qualification Commission, the government, in writing, for a redress of grievances about state cou… |
| 20-5326 | Jose Alonso Garcia v. United States | Eighth Circuit | 2020-08-12 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment career-offender categorical-approach due-process fifth-amendment fourteenth-amendment plain-error sentencing sentencing-guidelines | Were Mr. Garcia's Due Process Rights violated under the Fifth and Fourteenth Amendment |
| 20-5335 | Dustin Johnson v. United States | Sixth Circuit | 2020-08-12 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing due-process equal-protection fifth-amendment fourteenth-amendment methamphetamine methamphetamine-sentencing sentencing-guidelines statutory-interpretation | Whether the District Court erred in sentencing the Defendant based on ice (\'actual\' methamphetamine) rather than a mixture and substance containing … |
| 20-5294 | Byron Becton v. Shawn Phillips, Warden | Sixth Circuit | 2020-08-07 | Denied | Response WaivedIFP | due-process fair-trial fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct self-incrimination | Did the prosecutor's misconduct deprive the petitioner of a fair trial that violated petitioner's Fifth and Fourteenth Amendment rights against self-i… |
| 20-5301 | David L. Shanks, Jr. v. United States | Seventh Circuit | 2020-08-07 | Denied | Response WaivedIFP | criminal-procedure due-process federal-court fifth-amendment judicial-procedure sixth-amendment trial-commencement trial-in-absentia | Whether Federal Rule of Criminal Procedure 43 and a criminal defendant's Fifth and Sixth Amendment rights are violated |
| 20-5281 | Steven Robinson, aka Michael Moore v. United States | District of Columbia | 2020-08-06 | Denied | Response WaivedIFP | civil-procedure civil-rights due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment free-speech self-incrimination sixth-amendment standing | Whether the lower court erred in dismissing petitioner's claims for violation of the First Amendment and the Equal Protection Clause |
| 20-5287 | In Re Eddie Allen Jackson | 2020-08-06 | Denied | IFP | constructive-amendment criminal-procedure due-process fifth-amendment grand-jury indictment indictment-modification judicial-error | Whether the district court constructively amended the indictment in petitioner's case and if so does it rise to a Fifth Amendment violation? | |
| 20-107 | Cedar Point Nursery, et al. v. Victoria Hassid, et al. | Ninth Circuit | 2020-08-03 | Judgment Issued | Amici (40)Relisted (2) | agricultural agricultural-access civil-rights due-process eminent-domain fifth-amendment labor-regulation labor-relations property property-rights takings takings-clause | Whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment |
| 20-5203 | Derrick Ivan Jim v. United States | Tenth Circuit | 2020-07-29 | Denied | Response WaivedIFP | civil-rights criminal-jurisdiction due-process equal-protection fifth-amendment indian-country major-crimes-act native-american-rights united-states-v-antelope | Whether United States v. Antelope, 430 U.S. 641 (1977), should be overruled |
| 20-80 | Diane S. Blodgett, et al. v. United States | Federal Circuit | 2020-07-28 | Denied | Response Waived | civil-procedure civil-rights contract-rights due-process federal-trade-commission fifth-amendment ftc-act pleading-stage rule-60(b) standing takings takings-clause | Did the court of appeals err in this FTC-Act-Section-13(b) case in failing to apply Rule-60(b) at the pleading-stage |
| 20-71 | Stephen P. Brown v. United States | Second Circuit | 2020-07-24 | Denied | Response Waived | appeal-waiver certificate-of-appealability criminal-procedure due-process fifth-amendment ineffective-assistance section-2255 sentencing sentencing-review sixth-amendment | Whether the Second Circuit erred in denying a certificate of appealability on petitioner's claims of ineffective assistance of counsel and due process… |
| 20-5175 | John David Wilson, Jr. v. Florida | Florida | 2020-07-24 | Denied | IFP | collateral-estoppel criminal-procedure double-jeopardy due-process fifth-amendment jurisdiction | Whether the Double Jeopardy Clause prohibits a second criminal prosecution for the same offense after the first prosecution was dismissed without prej… |
| 20-66 | G&M Realty L.P., et al. v. Maria Castillo, et al. | Second Circuit | 2020-07-24 | Denied | Response Waived | 5th-amendment due-process fifth-amendment graffiti-art recognized-stature statutory-damages vara visual-artists-rights-act | Did the Due Process Clause of the Fifth Amendment permit the district court to impose liability against a property owner under the 'recognized stature… |
| 20-61 | Joan Orie Melvin v. Stephen D. Zappala, et al. | Third Circuit | 2020-07-23 | Denied | Response Waived | constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment state-crimes workplace-rule workplace-rules | Whether a defendant's Fifth Amendment rights are violated when charged with state crimes based on alleged deviation from an internal workplace rule ra… |
| 20-5113 | Jeremias Robertson v. United States | Tenth Circuit | 2020-07-21 | Denied | Response WaivedIFP | constitutional-rights due-process fact-finding fifth-amendment guideline-sentencing self-incrimination sentencing sentencing-deliberations silence | Whether a sentencing court's focus on a defendant's silence during sentencing deliberations violates the constitutional right against self-incriminati… |
| 20-5121 | Brayan Gutierrez-Diaz v. United States | Ninth Circuit | 2020-07-21 | Denied | Response WaivedIFP | appointed-counsel criminal-procedure due-process fifth-amendment interrogation miranda-warning right-to-counsel self-incrimination | Whether and to what extent a mistranslated Miranda warning, which does not reasonably convey the right to appointed counsel during interrogation, fail… |
| 20-48 | Stacey Eugene Johnson v. Arkansas | Arkansas | 2020-07-20 | Denied | Relisted (5) | access-to-courts actual-innocence criminal-procedure dna-testing due-process fifth-amendment first-amendment post-conviction-relief post-conviction-remedies | Does the Arkansas DNA testing statute, as construed by the Arkansas Supreme Court, prevent Petitioner from meaningfully accessing the State's post-con… |
| 20-12 | Sheri Speer v. Seaport Capital Partners, LLC | Connecticut | 2020-07-13 | Denied | constitutional-rights counsel court-access due-process fifth-amendment fourteenth-amendment hearing injunctive-relief liberty-interest property-interest | Did the Trial Court improperly deny the Petitioner due process of law? | |
| 20-5039 | Antwoyn Terrell Spencer v. United States | Eighth Circuit | 2020-07-13 | Denied | Response WaivedIFP | 5th-amendment appellate-review certificate-of-appealability criminal-procedure due-process eighth-circuit fifth-amendment grand-jury-indictment habeas-corpus personal-liberty | Whether the Eighth Circuit Court of Appeals Erred Denying Petitioner a Certificate of Appealability? |
| 19-8928 | Oscar Campos-Lagunas, aka Jose Lopez-Lomali, aka Carlos Ortiz, aka Orbelin Lagunas Campos, aka Carlos Laguna Campos, aka Oscar Laguan Campos, aka Norbelio Campos-Lagunas, aka Carlo Garcia, aka Orbelin Campos v. United States | Fifth Circuit | 2020-07-08 | Denied | Response WaivedIFP | apprendi-rule constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment judicial-interpretation precedent-review sentencing sixth-amendment statutory-interpretation supreme-court-review | Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-8910 | Trinity Rolando Cabezas-Montano v. United States | Eleventh Circuit | 2020-07-07 | Denied | IFP | civil-rights constitutional-rights criminal-procedure due-process evidence fifth-amendment miranda-rights post-arrest-statement pre-miranda-statement self-incrimination | Whether the prosecution violates the Fifth Amendment to the United States Constitution when they use a Defendant's pre-Miranda, post-arrest statements… |
| 19-8874 | Robert Warren Scully v. United States | Fifth Circuit | 2020-07-01 | Denied | Response WaivedIFP | constitutional-rights criminal-sentencing fact-finding fifth-amendment jury-trial restitution restitution-order sixth-amendment | Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the jury… |
| 19-1446 | Bing Charles W. Kearney, Jr., et al. v. Travelers Casualty and Surety Company of America | Eleventh Circuit | 2020-07-01 | Denied | Response Waived | 5th-amendment appellate-courts appellate-procedure constitutional-interpretation constitutional-violations due-process federal-appellate-courts federal-courts fifth-amendment florida-supreme-court judicial-review legal-doctrine right-for-the-wrong-reason statutory-interpretation | Does the 'right for the wrong reason' doctrine allow federal appellate courts to violate due process? |
| 19-1438 | George Abernathy v. United States | Sixth Circuit | 2020-06-30 | Denied | Response Waived | 5th-amendment 6th-amendment 8th-amendment burden-of-proof civil-procedure civil-rights constitutional-rights due-process fifth-amendment free-speech property-forfeiture standing summary-judgment takings | Whether the Court has abandoned the principle that 'one constitutional right should not have to be surrendered in order to assert another' |
| 19-1430 | Richard Polidi v. Michelle K. Lee, et al. | Federal Circuit | 2020-06-26 | Denied | Response WaivedRelisted (2) | absolute-immunity brady-v-maryland civil-procedure civil-rights constitutional-rights due-process ethics-prosecution exculpatory-evidence federal-circuit-jurisdiction fifth-amendment immunity qualified-immunity standing subject-matter-jurisdiction | Whether the Fifth Amendment provides a remedy for ethics violations |
| 19-8779 | Nader Salem Elhuzayel v. United States | Ninth Circuit | 2020-06-22 | Denied | Response WaivedIFP | due-process electronic-surveillance ex-parte-proceedings ex-parte-review fifth-amendment fisa in-camera-review sixth-amendment | Whether the district court's in camera, ex parte review of the materials, application, and surveillance order without permitting disclosure or partici… |
| 19-8782 | Lisa Graham v. Alabama | Alabama | 2020-06-22 | Denied | IFP | due-process fifth-amendment functional-equivalent-interrogation marital-communications-privilege miranda-warnings pereira-v-united-states reasonable-expectation-of-privacy wolfle-v-united-states | Whether the marital communications privilege can be defeated by the 'reasonable expectation of privacy' doctrine |
| 19-8738 | Charles Clark v. Vance Laughlin, Warden | Georgia | 2020-06-18 | Denied | IFP | competent-jurisdiction constitutional-violation due-process fifth-amendment jury-trial sixth-amendment state-trial-court subject-matter-jurisdiction venue | Is the Fourteenth Amendment of the United States Due Process Clause violated where the State court was without subject-matter-jurisdiction to pronounc… |
| 19-1372 | Angel M. Ayala-Vazquez v. United States | First Circuit | 2020-06-12 | Denied | Response Waived | 5th-amendment 6th-amendment appellate-review certificate-of-appealability due-process evidentiary-hearing fair-trial fifth-amendment judicial-proceedings perjured-testimony sixth-amendment standard-of-review supreme-court-precedent writ-of-certiorari | Whether the lower courts circumvented the standard of review for issuing a certificate of appealability |
| 19-1362 | Jason Laut v. United States | Seventh Circuit | 2020-06-11 | Denied | circuit-split constructive-amendment criminal-procedure fifth-amendment grand-jury-clause plain-error prejudice rule-52b substantial-rights | What test should be used to determine whether a constructive amendment impacted a defendant's substantial rights? | |
| 19-8675 | Issac Oral Chandler v. United States | Fifth Circuit | 2020-06-11 | Denied | Response WaivedIFP | constitutional-challenge criminal-sentencing due-process fifth-amendment jury-trial reasonable-doubt revocation sixth-amendment statutory-interpretation supervised-release | Should this Court grant review to determine whether the mandatory provision for revocation of supervised release set forth in 18 U.S.C. § 3583(g) viol… |
| 19-8656 | Michael Jacoby v. United States | Tenth Circuit | 2020-06-10 | Denied | Response WaivedIFP | actual-innocence certificate-of-appealability circuit-split due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice successive-2255 | Whether the Petitioner's Fifth Amendment right was violated |
| 19-8644 | Michael L. King v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2020-06-09 | Denied | IFP | capital-case capital-cases due-process fifth-amendment fourteenth-amendment impartial-tribunal judicial-bias | When a court shows partiality and bias by adopting nearly verbatim the prevailing party's brief as its order or opinion, particularly in capital cases… |
| 19-8637 | Robert Reeves v. Cathleen Stoddard, Warden | Sixth Circuit | 2020-06-08 | Denied | IFP | constitutional-interpretation constitutional-law criminal-law criminal-procedure double-jeopardy due-process fifth-amendment legislative-override punishment-limitation statutory-interpretation | Whether the Court should overrule the 'legislative override' exception to the Double Jeopardy Clause |
| 19-8602 | Eugene Washington v. Santa Rita Jail | Ninth Circuit | 2020-06-04 | Denied | IFP | case-law civil-procedure constitutional-rights district-court-order due-process fifth-amendment motion-to-dismiss standing supreme-court-procedure supreme-court-procedures | Was the District Court following proper Supreme Court procedures and case law when they issued their final order on August 7th, 2019 in violation of P… |
| 19-8579 | Jonathan Frank Davis v. United States | Ninth Circuit | 2020-06-01 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea plea-bargaining voluntary-plea | Does an appeal waiver clause bar a criminal defendant from later appealing their conviction on the ground that the guilty plea was not knowing and vol… |
| 19-8540 | Antwoyn Spencer and Derrick Jerome Spencer v. United States | Eighth Circuit | 2020-05-26 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure criminal-sentencing due-process fifth-amendment first-step-act resentencing statutory-interpretation | Whether Petitioners are being deprived of their right to due process of law |
| 19-8525 | Julio Gabriel Diaz v. United States | Ninth Circuit | 2020-05-22 | Denied | Response WaivedIFP | controlled-substances conversion criminal-defendant drug-conversion due-process fifth-amendment lsd self-incrimination sentencing-guidelines | Whether a criminal defendant's Fifth Amendment rights are implicated by the conversion required by U.S.S.G. § 2D1.1 |
| 19-8527 | Rodney Douglas Eaves v. Colorado Department of Corrections, et al. | Tenth Circuit | 2020-05-22 | Denied | Response WaivedIFP | 5th-amendment affidavit constitutional-rights court-procedure criminal-procedure due-process evidence fifth-amendment probable-cause waiver | Whether the Fifth Amendment is violated when an unverified Complaint and Information is used in lieu of a probable cause hearing |
| 19-8515 | Michael Munday v. United States | Eleventh Circuit | 2020-05-21 | Denied | Response WaivedIFP | disparate-sentencing double-jeopardy due-process fairness fifth-amendment judicial-review reasonableness sentencing sentencing-disparity sixth-amendment | Whether the Eleventh Circuit Court of Appeals erred in affirming a 12-year upward departure sentence that violates due-process, double-jeopardy, reaso… |
| 19-1293 | Michael Ludwikowski v. United States | Third Circuit | 2020-05-15 | Denied | Response RequestedResponse WaivedRelisted (2) | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-acquittal sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from increasing a criminal defendant's sentence for conduct underlying a count on whic… |
| 19-8442 | Erica J. Walker v. Florida | Florida | 2020-05-12 | Denied | Response WaivedIFP | competency criminal-procedure due-process effective-assistance-of-counsel fair-proceeding fifth-amendment fourteenth-amendment ineffective-assistance insanity mental-health mental-health-evaluation | Was the petitioner's right to a fair proceeding, effective assistance of counsel and due process violated? |
| 19-8429 | Tariq Maqbool v. Marcus O. Hicks, Commissioner, New Jersey Department of Corrections, et al. | Third Circuit | 2020-05-11 | Denied | IFP | constitutional-rights criminal-procedure dna-testing due-process fifth-amendment fourteenth-amendment ineffective-assistance miranda-rights sixth-amendment | Whether the denial of Petitioner's ineffective assistance claim violated constitutional rights |
| 19-8432 | Donald Randolph LaFlamme v. California | California | 2020-05-11 | Denied | IFP | 14th-amendment 4th-amendment 8th-amendment civil-rights disparate-impact due-process employment-discrimination equal-protection fifth-amendment prison-conditions title-vii workplace-practices | Whether the 4th and 8th Amendment protections, as incorporated by the 14th Amendment, were violated by the conditions of confinement in California sta… |
| 19-8433 | Anthony Paul John v. Florida | Florida | 2020-05-11 | Denied | Response WaivedIFP | constitutional-rights due-process evidentiary-hearing fifth-amendment fourteenth-amendment habeas-corpus post-conviction-relief postconviction-relief right-to-counsel sixth-amendment | Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court |
| 19-8411 | Charles Burton v. United States | Sixth Circuit | 2020-05-06 | Denied | Response WaivedIFP | criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment harmless-error sixth-amendment structural-error | Whether mailing a verdict to a criminal defendant through his counsel in violation of the Fifth Amendment, Sixth Amendment and Federal Criminal Rule o… |
| 19-8400 | Roy Allen Nichols v. United States | Sixth Circuit | 2020-05-05 | Denied | Response WaivedIFP | appellate-review constitutional-law court-of-appeals criminal-defendant criminal-procedure due-process factfinding fifth-amendment sentencing sentencing-enhancement | Whether a Court of Appeals violates a criminal defendant's right to Due Process |
| 19-1265 | Friends of Danny DeVito, et al. v. Tom Wolf, Governor of Pennsylvania, et al. | Pennsylvania | 2020-05-05 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | assembly constitutional-rights due-process equal-protection fifth-amendment fourteenth-amendment free-speech police-powers takings | Whether the Order exceeded the Governor's permissible scope of his police powers and as such violated Petitioners' rights guaranteed by the U.S. Const… |
| 19-1254 | Pennsylvania v. Joseph J. Davis | Pennsylvania | 2020-04-29 | Denied | Amici (1) | 5th-amendment civil-rights electronic-devices encryption fifth-amendment foregone-conclusion search-warrant self-incrimination | Does the foregone conclusion exception to the Fifth Amendment privilege against self-incrimination apply to the compelled production of passwords to e… |
| 19-8367 | Brandon Blake Coleman v. Texas | Texas | 2020-04-27 | Denied | IFP | adjudication constitutional-rights due-process federal-claims fifth-amendment fourteenth-amendment merits-review standing | Whether the State of Texas has violated Petitioner's right to Due Process protections under the Fifth & Fourteenth amendments, U.S. Constitution |
| 19-8342 | Dearieus Duheart v. United States | Fifth Circuit | 2020-04-23 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit the use of acquitted conduct to enhance a defendant's sentence? |
| 19-1244 | Anthony J. Johnson v. Storix, Inc. | Ninth Circuit | 2020-04-23 | Denied | attorney-fees civil-procedure copyright copyright-fees due-process fifth-amendment first-amendment free-speech ninth-circuit petition standing | Whether the Ninth Circuit denied Petitioner's Fifth Amendment right to due process | |
| 19-8334 | James Butler v. United States | Sixth Circuit | 2020-04-22 | Denied | Response WaivedIFP | criminal-procedure custody due-process fifth-amendment miranda-rights miranda-warning police-interrogation totality-of-circumstances | If a statement by the presiding officer that the defendant is not 'under arrest' precludes a finding of custody despite the totality of the circumstan… |
| 19-8338 | Charles P. Mayeux, Jr. v. Louisiana | Louisiana | 2020-04-22 | GVR | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-amendments criminal-conviction criminal-procedure due-process evidence-sufficiency fifth-amendment fourteenth-amendment jackson-v-virginia jury-trial non-unanimous-verdict sixth-amendment | Whether a conviction based upon a non-unanimous verdict violates the Fifth, Sixth and Fourteenth Amendments to the United States Constitution? |
| 19-8321 | Charlie Ray Carney v. Virginia | Virginia | 2020-04-21 | Denied | IFP | 14th-amendment 5th-amendment constitutional-rights court-records due-process fifth-amendment fourteenth-amendment sentencing state-courts | Whether a state prisoner's right to due process requires the state trial court to ensure correct and accurate information is relied upon when sentenci… |
| 19-1228 | Kaneka Corporation v. Xiamen Kingdomway Group Company, et al. | Federal Circuit | 2020-04-20 | Denied | Response WaivedRelisted (2) | 5th-amendment 7th-amendment appellate-jurisdiction civil-procedure claim-construction due-process federal-circuit fifth-amendment patent patent-infringement patent-infringement-non-infringement rule-36 seventh-amendment standing summary-judgment | Whether the Federal Circuit may affirm a judgment of non-infringement without opinion and on alternative grounds first raised by the respondents at or… |
| 19-1235 | Brian Hampton Clark v. Virginia | Virginia | 2020-04-20 | Denied | constitutional-rights contempt-of-court due-process federal-courts fifth-amendment fourteenth-amendment judicial-bias judicial-recusal recusal state-courts writ-of-prohibition | Whether the fact that the contempt charge was brought in response to Brian Clark's petition for a writ of prohibition required Judge Williams to recus… | |
| 19-8286 | Edward Tiger v. Florida | Florida | 2020-04-17 | Denied | Response WaivedIFP | competency criminal-competency criminal-procedure due-process fifth-amendment fourteenth-amendment jurisdiction jurisdictional-prerequisite | Whether a finding that a criminal defendant is presently competent to proceed is a jurisdictional prerequisite to a court's authority to deprive an ac… |
| 19-8289 | Jose Yeyille v. Cecilia M. Altonaga, et al. | Eleventh Circuit | 2020-04-17 | Denied | IFP | appellate-procedure civil-procedure dismissal district-court-review due-process equal-protection fifth-amendment in-forma-pauperis jury-trial seventh-amendment standing | Whether the district court appropriately resolved genuine issues of disputed facts; correctly applied legal conclusions; and provided any statement ex… |
| 19-8278 | In Re Levar Lee Anthony Spence | 2020-04-16 | Denied | IFP | brady-violation due-process exculpatory-evidence fifth-amendment fourteenth-amendment fourth-amendment sixth-amendment spoliation spoliation-of-evidence writ-of-mandamus | Whether the United States Court of Appeals for the Third Circuit properly refused review and hearing of Fourth, Fifth, Sixth and Fourteenth Amendment,… | |
| 19-8267 | Jon Cascella v. United States | First Circuit | 2020-04-15 | Denied | Response WaivedIFP | brady-violation confidential-informant constitutional-error due-process fifth-amendment independent-inquiry testimony uniform-practice witness-testimony | Whether permitting a blanket claim of Fifth Amendment privilege and total exclusion of a confidential informant's testimony without independent inquir… |
| 19-8237 | Fernando Romero-Salgado v. United States | Ninth Circuit | 2020-04-10 | Denied | Response WaivedIFP | circuit-split criminal-procedure fifth-amendment jury-instruction jury-instructions mens-rea plain-error plain-error-review sixth-amendment substantial-rights | Does Rehaif error per se affect a defendant's substantial rights under the third prong of plain-error review? |
| 19-8229 | Donnie L. Harris, Jr. v. Oklahoma | Oklahoma | 2020-04-09 | Denied | IFP | capital-punishment due-process fifth-amendment fourteenth-amendment newly-discovered-evidence statute-of-limitations statutory-interpretation | Does Oklahoma's strict application of its statutory requirement that all newly discovered evidence in capital cases must be presented within one year … |
| 19-1204 | Arthrex, Inc. v. Smith & Nephew, Inc., et al. | Federal Circuit | 2020-04-09 | Denied | administrative-law appointments-clause constitutional-challenge due-process fifth-amendment inter-partes-review patent-law patent-law-retroactivity patent-office retroactive-application retroactivity takings | Whether the retroactive application of inter partes review to patents that were applied for before the America Invents Act violates the Fifth Amendmen… | |
| 19-8226 | Randy Phipps v. Rick Raemisch, Executive Director, Colorado Department of Corrections, et al. | Tenth Circuit | 2020-04-08 | Denied | IFP | constitutional-claims due-process fair-presentation fifth-amendment fourteenth-amendment fourth-amendment habeas-corpus ineffective-assistance-of-counsel pro-se-petition | Whether federal constitutional claims were fairly presented under federal law |
| 19-8206 | Zaryl G. Bush v. Ohio | Ohio | 2020-04-07 | Denied | IFP | actual-innocence constitutional-rights fifth-amendment fourteenth-amendment procedural-bar sixth-amendment | Should state courts be allowed to hide behind procedural bars when the record indicates the accused was denied constitutional rights? |
| 19-8180 | M. H. v. Indiana Department of Child Services | Indiana | 2020-04-03 | Denied | Response WaivedIFP | 5th-amendment civil-rights compulsion constitutional-rights due-process fifth-amendment fundamental-rights parental-rights self-incrimination waiver | What are the present-day parameters to any assertion of privilege pursuant to the 5th Amendment to the United States Constitution (re: compulsion and … |
| 19-1195 | Adalberto Frickson Palacios-Solis v. United States | Eleventh Circuit | 2020-04-03 | Denied | case-in-chief criminal-defendant criminal-procedure due-process evidence evidence-of-guilt fifth-amendment miranda miranda-rights pre-miranda-silence self-incrimination | Whether the prosecution violates the Fifth Amendment's Self-Incrimination Clause when it uses a criminal defendant's post-arrest, pre-Miranda silence … | |
| 19-1193 | Kristin D. Wilkinson v. Commission for Lawyer Discipline of the State Bar of Texas | Texas | 2020-04-02 | Denied | Response Waived | 14th-amendment 5th-amendment attorney-discipline confidentiality confidentiality-statutes disciplinary-proceedings due-process fifth-amendment fourteenth-amendment in-re-ruffalo professional-rights property-rights | Does the standard for assessing the protection of Due Process Clause rights of lawyers in disciplinary proceedings announced in Jn re Ruffalo, fail to… |
| 19-8160 | Eddie Vincent Rutledge v. Florida | Florida | 2020-04-02 | Denied | Response WaivedIFP | conspiracy constitutional-rights criminal-conspiracy criminal-procedure double-jeopardy fifth-amendment issue-preclusion solicitation | Did the Florida trial court violate the Fifth Amendment's guarantee against double jeopardy? |
| 19-8167 | Charles Talbert v. Blanche Carney, et al. | Third Circuit | 2020-04-02 | Denied | Response WaivedIFP | due-process federal-circuit fifth-amendment just-compensation patent takings-clause | Whether the United States Court of Appeals for the Federal Circuit erred in holding that the Takings Clause of the Fifth Amendment does not require th… |
| 19-8111 | Todd James Broxmeyer v. L. Ray Ormond, Warden | Fourth Circuit | 2020-03-27 | Denied | Response WaivedIFP | acquitted-conduct constitutional-protection due-process fifth-amendment preponderance-of-evidence presumption-of-innocence sentencing sentencing-enhancement sixth-amendment | Is the use of the preponderance of evidence standard to enhance at sentencing deemed unconstitutional when the presumption of innocence is restored, i… |
| 19-8120 | Jarvis Rodrick Thomas v. United States | Eleventh Circuit | 2020-03-27 | Denied | Response WaivedIFP | due-process equal-protection false-statements fifth-amendment fourteenth-amendment fourth-amendment liberty-interest | Was it unreasonable to be seized in violation of the Fourth Amendment and re-arrested for the same offense to deprive the Petitioner of his Fourteenth… |
| 19-8125 | Wendell Ray Thomas v. California | California | 2020-03-27 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel post-conviction-relief right-to-a-fair-trial sixth-amendment trial-fairness | Whether Defense Counsel Craig Wormley's Mental Health Issues Had An Adverse Effect & Influence on the Outcome of the Trial |
| 19-8126 | Garry Wayne Wilson v. Oklahoma | Oklahoma | 2020-03-27 | GVR | Response RequestedRelisted (2)IFP | criminal-jurisdiction due-process equal-protection fifth-amendment indian-law state-prosecution treaty-rights tribal-sovereignty | Whether the State of Oklahoma has jurisdiction to prosecute a Cherokee Indian whose alleged crime of murder occurred within the historic and treaty-se… |
| 19-1175 | John Fritz, et ux. v. Washoe County, Nevada | Nevada | 2020-03-26 | Denied | Amici (1)Response Waived | economic-impact economic-impairment fifth-amendment fourteenth-amendment government-regulation loretto-v-teleprompter physical-invasion physical-taking property-rights regulatory-takings takings | To constitute a taking under the Fifth and Fourteenth Amendments, must a physical invasion also destroy or substantially impair an owner's economicall… |
| 19-8099 | Brandon Perry Smith v. Utah | Utah | 2020-03-25 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment heightened-clarity miranda-rights sixth-amendment state-courts suspect-comprehension waiver-standard | Have the Utah courts adopted a rule of law which, in applying the 'heightened clarity' standard as expanded by Berghuis v. Thompkins, dispensed with a… |
| 19-8062 | Troy Anthony LeBouef v. Darrel Vannoy, Warden | Fifth Circuit | 2020-03-23 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-amendments criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Was LeBouef entitled to a unanimous jury verdict under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution? |
| 19-8072 | Saul Cervantes v. M. D. Biter, Warden | Ninth Circuit | 2020-03-23 | Denied | Response WaivedIFP | actual-innocence certificate-of-appealability due-process fifth-amendment habeas-corpus meaningful-review schlup-standard | Whether petitioner established actual innocence to overcome the untimeliness of his habeas corpus petition |
| 19-8078 | Brandon L. Banks v. Illinois | Illinois | 2020-03-23 | Denied | IFP | civil-rights constitutional-safeguards counsel due-process equal-protection fair-trial fifth-amendment impartial-jury sixth-amendment | Whether petitioner was denied due process of law, a fair trial by an impartial jury, and equal protection of the laws |
| 19-8082 | Altius Willix v. United States | Eleventh Circuit | 2020-03-23 | Denied | Response WaivedIFP | concurrent-sentence concurrent-sentence-doctrine criminal-procedure double-jeopardy duplicitous-indictment fifth-amendment multiplicious-charges sixth-amendment structural-error | Is an indictment considered duplicitous or multiplicious when it charges 2 counts occurring out of the same sequence or events that led to one episode… |
| 19-8049 | Kenneth Marquise Ruff v. United States | Fourth Circuit | 2020-03-20 | Denied | Response WaivedIFP | 18-usc-1962d 5th-amendment criminal-procedure due-process fifth-amendment rico rico-conspiracy sentencing-enhancement statutory-interpretation | Whether the Fifth Amendment's guarantee of procedural due process is violated where the Petitioner receives a sentencing enhancement in a Racketeer In… |
| 19-8051 | Jack Benjamin Hessiani v. United States | Ninth Circuit | 2020-03-20 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment grand-jury indictment indictment-defect jurisdictional-challenge mens-rea sixth-amendment | Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential element of the offense |
| 19-1150 | Gary Kirchhoff v. United States, et al. | Fourth Circuit | 2020-03-20 | Denied | Response Waived | 42-usc-1983 civil-rights constitutional-violations due-process federal-suit fifth-amendment first-amendment fourteenth-amendment free-speech military-medical-privileges statute-of-limitations whistleblower whistleblower-rights | Whether the court erred in affirming the lower court's decision that the statute of limitations was past for Gary Kirchhoff, M.D. to file a federal su… |
| 19-8035 | Manuel de Jesus Valencia v. California | California | 2020-03-18 | Denied | Response WaivedIFP | confession-extraction constitutional-rights custodial-interrogation edwards edwards-rule fifth-amendment fourteenth-amendment law-enforcement-deception miranda miranda-rights self-incrimination undercover-operations | Whether the Fifth and Fourteenth Amendments permit a deceptive ploy in which uniformed and undercover officers work together to extract a confession f… |
| 19-1134 | Lonny E. Baley, et al. v. United States, et al. | Federal Circuit | 2020-03-17 | Denied | Amici (6) | endangered-species-act federal-agency federal-reserved-water-rights fifth-amendment mccarran-amendment reclamation-act state-law state-water-law tribal-rights water-rights | Whether federal agency regulatory action under the Endangered Species Act can constitute the adjudication and administration of water rights for triba… |
| 19-1123 | Leo Lech, et al. v. Chief John A. Jackson, et al. | Tenth Circuit | 2020-03-16 | Denied | Amici (3) | 5th-amendment civil-rights due-process eminent-domain fifth-amendment government-taking just-compensation police-power property-rights takings | Whether there is a categorical exception to the Just Compensation Clause when the government takes property while acting pursuant to its police power? |
| 19-7968 | Akube Wuromoni Ndoromo v. William P. Barr, Attorney General, et al. | District of Columbia | 2020-03-12 | Denied | Response WaivedRelisted (2)IFP | 4th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process equal-protection fifth-amendment fourteenth-amendment fourth-amendment jury-trial seventh-amendment standing takings | Does the Fourth Amendment protect the right of the people to be secure therein? |
| 19-7944 | In Re Steven Beebe | 2020-03-11 | Denied | Relisted (2)IFP | court-order double-jeopardy double-jeopardy,fifth-amendment,united-states-v-di fifth-amendment habeas-corpus legal-developments legal-precedent probation probation-condition publish-opinion united-states-v-dixon | Whether this Court should issue a Writ of Habeas Corpus | |
| 19-7960 | Reginald Edward Green v. United States | Fifth Circuit | 2020-03-11 | Denied | Response WaivedIFP | 5th-amendment constitutional-rights criminal-procedure due-process fair-trial fifth-amendment prejudicial-evidence prison-garb shackles | Is displaying a defendant shackled, handcuffed, in prison garb prejudicial? |
| 19-7920 | Iverylee Arashella Johnson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2020-03-10 | Denied | IFP | confrontation-clause constitutional-violation due-process fifth-amendment sixth-amendment strickland-standard strickland-v-washington unreasonable-application unsworn-testimony | Was Johnson's due process and Sixth Amendment confrontation clause protections violated by allowing Powell's unsworn testimony to be presented to the … |
| 19-7931 | Nancy Arlene Lopez v. United States | Fifth Circuit | 2020-03-10 | Denied | Response WaivedIFP | criminal-appeal criminal-procedure-sentencing due-process fifth-amendment fifth-circuit government-misconduct methamphetamine-conspiracy miranda-rights sentencing-guidelines substantial-assistance supreme-court unconstitutional-motive | Whether the Fifth Circuit erred in affirming the defendant's sentence by concluding there was no unconstitutional motive for the government's failure … |
| 19-7904 | Jason Bonds v. United States | Second Circuit | 2020-03-09 | Denied | IFP | criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph Polygraph-Examination Right-to-Remain-Silent right-to-silence self-incrimination supervised-release | Whether a condition of supervised release requiring a defendant to participate in sex offender treatment that may include polygraph examinations viola… |
| 19-7862 | Wesley Paul Coonce, Jr. v. United States | Eighth Circuit | 2020-03-03 | Denied | Relisted (4)IFP | atkins-v-virginia capital-punishment confrontation-clause eighth-amendment equal-protection fifth-amendment intellectual-disability moral-culpability sentencing-hearing | Whether the execution of a defendant with intellectual disability that arose after age 18 violates the Eighth and Fifth Amendments |
| 19-7834 | Travis Soto v. Ohio | Ohio | 2020-03-02 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure federal-courts fifth-amendment finality plea-bargaining constitutional-rights criminal-procedure double-jeopardy federal-courts fifth-amendment finality jury-trial plea-agreement plea-bargaining | Whether the Double Jeopardy Clause attaches to charges dismissed during a negotiated plea agreement |
| 19-1074 | Celgene Corporation v. Laura A. Peter, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director, Patent and Trademark Office | Federal Circuit | 2020-03-02 | Denied | Amici (1)Relisted (3) | administrative-review america-invents-act fifth-amendment inter-partes-review lucas-test patent-rights patent-rights-takings patent-trial-and-appeal-board patents penn-central-test property-rights takings takings-clause | Whether retroactive application of inter partes review to patents issued before passage of the America Invents Act violates the Takings Clause of the … |
| 19-1075 | Bryan Adrian Copeland v. United States | Eleventh Circuit | 2020-03-02 | Denied | Response Waived | certificate-of-appealability constitutional-rights district-court due-process eleventh-circuit fifth-amendment habeas habeas-corpus habeas-review ineffective-assistance-of-counsel martinez-v-ryan miller-el-v-cockrell strickland-v-washington | Whether the Eleventh Circuit erred in affirming the District Court and denying Copeland a Certificate of Appealability for § 2255 habeas review |
| 19-7769 | Demetrius Antwon Wilson v. David Shinn, Director, Arizona Department of Corrections, et al. | Ninth Circuit | 2020-02-25 | Denied | IFP | 6th-amendment competency competency-to-stand-trial constitutional-rights criminal-investigation criminal-procedure due-process evidence fair-trial fifth-amendment ineffective-assistance-of-counsel interrogation law-enforcement plea-bargaining prosecutorial-misconduct self-representation | Whether the petitioner's 6th Amendment right to a fair trial was violated due to ineffective assistance of counsel, prosecutorial misconduct, and lack… |
| 19-7752 | Daniel Ochoa v. United States | Eleventh Circuit | 2020-02-24 | Denied | Response WaivedIFP | criminal-procedure custodial-interrogation custody due-process eleventh-circuit fifth-amendment miranda-rights miranda-v-arizona pre-miranda-questioning public-safety-exception self-incrimination | Whether Mr. Ochoa's Fifth Amendment rights were violated |
| 19-7759 | Lyarron T. Emers v. Illinois | Illinois | 2020-02-24 | Denied | Response WaivedIFP | 5th-amendment aggravating-factor constitutional-rights due-process fifth-amendment pre-sentence-investigation right-to-remain-silent right-to-silence sentencing sentencing-discretion | Question not identified |
| 19-7733 | Gustavo Diaz v. United States | Fifth Circuit | 2020-02-21 | Denied | Response WaivedIFP | appeal appeal-dismissal civil-procedure constitutional-rights dismissal district-court-procedure due-process fifth-amendment pre-sentencing-waiver sentencing substantive-due-process waiver | Whether the District Court denied the Petitioner's constitutional right to a substantive due process under the Fifth Amendment by the United States Co… |
| 19-7734 | Andre Dennis v. Steven Johnson, Administrator, New Jersey State Prison, et al. | Third Circuit | 2020-02-21 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel interrogation miranda-rights sixth-amendment suppression-of-evidence | Did counsel render ineffective assistance by failing to seek suppression of Mr. Dennis' statements to police because he was not re-Mirandized followin… |
| 19-7662 | Juan Orellana v. Raymond Madden, Warden | Ninth Circuit | 2020-02-20 | Denied | Response WaivedIFP | 5th-amendment 5th-amendment-violation admissibility-of-statement criminal-procedure criminal-trial custodial-interrogation due-process evidence-admission fifth-amendment obstruction right-to-counsel unambiguous-request | Whether Orellana's Fifth Amendment right to counsel was violated |
| 19-7684 | Jeremy Glenn Powell v. United States | Fifth Circuit | 2020-02-18 | GVR | Relisted (2)IFP | armed-career-criminal-act due-process fifth-amendment fifth-circuit physical-force reckless reckless-offenses statutory-interpretation texas-penal-code texas-robbery violent-felony | Whether the Texas offense of simple robbery qualifies as a 'violent felony' under the Armed Career Criminal Act |
| 19-7689 | Nicholas Todd Sutton v. Tennessee | Tennessee | 2020-02-18 | Denied | IFP | capital-punishment fifth-amendment fourteenth-amendment retroactivity vagueness 5th-amendment capital-punishment due-process fair-notice fifth-amendment fourteenth-amendment johnson-v-united-states retroactivity vagueness vagueness-doctrine | Whether Tennessee's facially-vague prior violent felony aggravating circumstance provided fair notice as required under Johnson v. United States and t… |
| 19-7696 | In Re Nicholas Todd Sutton | 2020-02-18 | Denied | IFP | 14th-amendment 5th-amendment capital-sentencing constitutional-rights criminal-procedure criminal-trial death-penalty due-process fifth-amendment fourteenth-amendment habeas-corpus physical-restraints visible-jury | Whether the Court should exercise its authority to issue an original writ of habeas corpus and hold that Mr. Sutton's conviction and death sentence sh… | |
| 19-7649 | Socorro Susan Caro v. California | California | 2020-02-12 | Denied | IFP | aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sixth-amendment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior c… |
| 19-7650 | D. W. v. Washington State Department of Children, Youth & Families | Washington | 2020-02-12 | Denied | Response WaivedIFP | appellate-review court-appointed-counsel due-process ex-parte-investigation fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-conduct parental-rights record-on-appeal recusal termination-of-parental-rights | Whether the State violated the Due Process Clause by failing to provide a court-ordered domestic violence/anger management evaluation and treatment to… |
| 19-7638 | Rodrigo Cruz Perez v. United States | Fourth Circuit | 2020-02-11 | Denied | Response WaivedIFP | acceptance-of-responsibility circuit-split constitutional-rights criminal-procedure criminal-sentencing fifth-amendment sentencing-guidelines sixth-amendment split-among-circuits | Can a court count a defendant's constitutionally-protected-conduct against the defendant when determining whether the defendant qualifies for a 2-poin… |
| 19-991 | Samson Primm v. United States | Sixth Circuit | 2020-02-07 | Denied | Response Waived | 4th-amendment civil-rights criminal-procedure due-process fifth-amendment forfeiture forfeiture-case fourth-amendment search-and-seizure standing suppression-hearing | Whether one who has the requisite standing to move to suppress based on contentions, which if validated show his Fourth Amendment rights were violated… |
| 19-7547 | Phillip Boyd Cashion v. Texas | Texas | 2020-02-04 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure criminal-trial due-process fair-trial fifth-amendment jury-bias jury-instructions prosecutorial-misconduct self-incrimination trial-procedure | Should the Petitioner's trial structure have been free from the fundamental unfairness of having the prosecutor tell the jury on two occasions that 'y… |
| 19-970 | Retail Ready Career Center, Inc. v. United States | Fifth Circuit | 2020-02-03 | Denied | Amici (1) | 5th-amendment civil-forfeiture constitutional-counterclaims due-process fifth-amendment in-rem in-rem-proceeding seizure-of-funds sovereign-immunity | Does the United States have complete immunity from constitutional counterclaims asserted in an in rem civil forfeiture case initiated by the United St… |
| 19-948 | Gene Rechtzigel v. Minnesota | Minnesota | 2020-01-29 | Denied | civil-rights due-process eighth-amendment fifth-amendment first-amendment fourth-amendment government-action petition-clause sixth-amendment standing | Did the Government deprive Petitioner the First Amendment Right to petition the Government for a redress of grievances? | |
| 19-7450 | George Maurice Steele v. United States | Fifth Circuit | 2020-01-29 | Denied | Response WaivedIFP | confrontation confrontation-clause confrontation-right criminal-procedure due-process fifth-amendment revocation-hearing sentencing supervised-release witness-testimony | Whether the district court erred by allowing testimony at the revocation hearing that violated Mr. Steele's Fifth Amendment due process right to confr… |
| 19-7473 | Milon Jarr Brown v. Michigan | Michigan | 2020-01-29 | Denied | IFP | civil-rights confrontation-clause constitutional-rights discretion due-process expert-testimony fifth-amendment hearsay judicial-bias photographic-evidence prosecutorial-misconduct self-incrimination sixth-amendment | Was the petitioner denied a meaningful opportunity to present a complete defense? |
| 19-7429 | Louis Mitchell, Jr. v. California | California | 2020-01-28 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment aggravating-circumstances aggravating-mitigating-circumstances constitutional-rights death-penalty fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-determination jury-trial mitigating-circumstances reasonable-doubt sixth-amendment | Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that se… |
| 19-7433 | Anthony Russell Wilson v. United States | Eighth Circuit | 2020-01-27 | Denied | Response WaivedIFP | 18-usc-3583 criminal-prosecution double-jeopardy federal-sentencing fifth-amendment statutory-interpretation supervised-release united-states-v-haymond | Whether the Fifth Amendment's protection against double jeopardy is violated when a defendant is prosecuted and punished for a firearm possession offe… |
| 19-7435 | In Re Robert N. Brooks | 2020-01-27 | Denied | Response WaivedIFP | due-process due-process-clause fdic-insured fifth-amendment grand-jury grand-jury-clause indictment indictment-clause notice-clause sixth-amendment subject-matter-jurisdiction | whether-a-manifest-miscarriage-of-justice-occurred | |
| 19-7396 | Julio Mario Haro-Verdugo v. United States | Ninth Circuit | 2020-01-24 | Denied | Response WaivedIFP | cronic due-process fifth-amendment sixth-amendment strickland conflict-of-interest criminal-procedure due-process federal-law fifth-amendment habeas habeas-corpus ineffective-assistance sixth-amendment strickland-standard | Whether the District Court and the U.S. Court of Appeals for the Ninth Circuit's rejection of Petitioner's ineffective-assistance-of-counsel claim(s) … |
| 19-7408 | Daniel Jay Bowman v. United States | Sixth Circuit | 2020-01-24 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process fifth-amendment fourth-amendment government-prosecution parallel-construction standing | Whether the Government's use of 'Parallel Construction' violates 4th-and-5th-amendment-rights |
| 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 |
| 19-7390 | Marshall Henry Ellis v. Oklahoma | Oklahoma | 2020-01-23 | Denied | IFP | constitutional-rights criminal-procedure due-process evidence exculpatory-material fifth-amendment lesser-included-offense newly-discovered-evidence procedural-bar sentencing sixth-amendment | Is a defendant serving Life for Murder I entitled to newly discovered exculpatory material when that material would make it more likely that the defen… |
| 19-7379 | Lee Samuel Capers v. California | California | 2020-01-22 | Denied | IFP | constitutional-requirement criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum | Whether California's death penalty scheme violates the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior… |
| 19-7323 | Leo Stoller v. United States | Seventh Circuit | 2020-01-21 | Denied | Response WaivedIFP | bankruptcy chapter-13 civil-procedure criminal-law due-process false-statement fifth-amendment perjury seventh-circuit | Whether the Seventh Circuit's holding that knowingly making a false statement under penalty of perjury in a Chapter 13 bankruptcy proceeding violates … |
| 19-7336 | Francisco Pena, Jr. v. United States | Fifth Circuit | 2020-01-17 | Denied | Response WaivedIFP | criminal-procedure due-process federal-courts federal-judge fifth-amendment judicial-discretion preponderance-of-evidence preponderance-of-the-evidence sentencing sixth-amendment uncharged-conduct | Do the Fifth and Sixth Amendments prohibit a federal judge from imposing a sentence, based on a defendant's uncharged conduct found by the judge by a … |
| 19-7278 | Terrance Cobb v. Florida | Florida | 2020-01-16 | Denied | Response WaivedIFP | confession criminal-conviction criminal-procedure due-process fifth-amendment fourteenth-amendment newly-discovered-evidence post-conviction-relief | Whether Mr. Cobb's right to due-process was violated by the Florida courts in denying him post-conviction-relief based on newly-discovered-evidence |
| 19-7290 | Tamarkqua Garland v. New York | New York | 2020-01-15 | Denied | Response WaivedIFP | civil-rights coerced-confession constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct sixth-amendment speedy-trial | Defendant's speedy trial rights violated |
| 19-7309 | James Milton Dailey v. Florida | Florida | 2020-01-15 | Denied | Amici (5)Relisted (5)IFP | capital-punishment chambers-exception chambers-v-mississippi codefendant-confession due-process fifth-amendment hearsay hearsay-evidence innocence parole third-party-confession | Was the Florida Supreme Court's analysis of Chambers v. Mississippi, 410 U.S. 284 (1973), employing a factor-based approach that has been embraced by … |
| 19-874 | William Alan Pesnell, et al. v. Jill Sessions, et al. | Louisiana | 2020-01-15 | Denied | Response RequestedResponse WaivedRelisted (2) | constitutional-access criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment fundamental-rights public-access public-records sixth-amendment trial-recording | Whether La. R.S. 44:4(47) and the local rule of the 26 Judicial District Court in and for Bossier Parish can bar public access to the digital recordin… |
| 19-877 | Asmerom Gebreselassie v. Scott Frauenheim, Warden | Ninth Circuit | 2020-01-15 | Denied | Response Waived | 5th-amendment 6th-amendment certificate-of-appealability counsel-of-choice due-process fifth-amendment right-to-counsel right-to-present-evidence self-representation sixth-amendment | Did the Ninth Circuit Court of Appeals err in failing to grant a certificate of appealability on fundamental Fifth and Sixth Amendment violations? |
| 19-7283 | Fairly W. Earls v. Susan Novak, Warden | Seventh Circuit | 2020-01-14 | Denied | Response WaivedIFP | certificate-of-appealability circuit-split civil-procedure double-jeopardy due-process federal-rules-of-civil-procedure fifth-amendment newly-discovered-evidence rule-60(b) rule-60b-motion | Whether the United States Court of Appeals for the Seventh Circuit imposed an improper and unduly burdensome Certificate of Appealability standard |
| 19-7254 | John Garrett Smith v. Washington | Washington | 2020-01-13 | Dismissed | IFP | criminal-procedure due-process fifth-amendment grand-jury indictment jury-trial martial-law military-justice sixth-amendment | Whether the absence of a grand jury indictment violates due process and the right to a jury trial under the Fifth and Sixth Amendments |
| 19-7242 | Bryan Whitehead v. United States | Eleventh Circuit | 2020-01-10 | Denied | Response WaivedIFP | 18-usc-924c 5th-amendment conviction conviction-and-sentence crime-of-violence due-process fifth-amendment jury-determination residual-clause sentence sixth-amendment statutory-interpretation united-states-v-davis | Whether the Petitioner was denied his Fifth Amendment right to due process of law by virtue of his conviction and sentence under the residual clause o… |
| 19-7218 | Oscar Amezcua Cabrera v. California | California | 2020-01-08 | Denied | Response WaivedIFP | constitutional-principles crawford-precedent crawford-v-washington due-process dying-declaration-exception fifth-amendment fourteenth-amendment hearsay hearsay-exception hearsay-rule prosecutorial-misconduct sixth-amendment testimonial-hearsay | whether-dying-declaration-exception-overrides-crawford-v-washington |
| 19-7169 | Daniel Eric Cobble v. United States | Eleventh Circuit | 2020-01-06 | Denied | Response WaivedRelisted (2)IFP | civil-procedure civil-rights commercial-value due-process fifth-amendment just-compensation patent physical-appropriation public-use standing takings takings-clause | Whether the Takings Clause of the Fifth Amendment requires the government to pay just compensation when it physically appropriates private property fo… |
| 19-7186 | James R. Young v. United States, et al. | Eleventh Circuit | 2020-01-06 | Dismissed | Response WaivedIFP | bivens bivens-claim civil-rights due-process federal-courts federal-review fifth-amendment in-forma-pauperis inmate-rights property property-theft standing | Did the Eleventh Circuit Court of Appeals abuse Petitioner's 5th Amendment due-process right to be heard on his Bivens claim on appeal by summarily di… |
| 19-7151 | Erick David Lopez v. United States | Ninth Circuit | 2020-01-03 | Denied | Response WaivedIFP | criminal-procedure criminal-trial due-process evidence evidence-admission fifth-amendment free-speech ninth-circuit prejudice rap-poem sixth-amendment | Whether the Ninth Circuit's sanctioning of the admission of a vile and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not w… |
| 19-7139 | Daryl Glenn Pawlak v. United States | Fifth Circuit | 2020-01-02 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment circuit-split due-process fifth-amendment fourth-amendment good-faith outrageous-government-conduct rule-41 search-warrant warrant-violation | Whether the Fifth Circuit's standard for determining outrageous government conduct violates the Fifth Amendment Due Process clause |
| 19-7128 | Mojisola Popoola v. United States | Fourth Circuit | 2019-12-31 | Denied | Response WaivedIFP | 5th-amendment digital-evidence encrypted-devices encryption fifth-amendment miranda-warnings police-custody search-and-seizure self-incrimination standing suppression testimonial-conduct testimonial-evidence | Whether the physical act of a person in police custody responding to a request to enter her passcode to unlock an encrypted cellphone is testimonial c… |
| 19-7086 | Walter Daniel Prezioso v. United States | Ninth Circuit | 2019-12-30 | Denied | IFP | acquitted-conduct constitutional-rights criminal-procedure due-process fifth-amendment sentencing sixth-amendment | Whether reliance on acquitted conduct in imposing sentence violates the Fifth and Sixth Amendments? |
| 19-7089 | Jonathan Cruz-Ramirez v. United States | Ninth Circuit | 2019-12-30 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process evidence evidence-admission fifth-amendment first-amendment juvenile-evidence prejudice prejudicial-error sixth-amendment | Whether the Ninth Circuit's sanctioning of the admission of a vile and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not w… |
| 19-7070 | Gary R. Tomey, II v. United States | Eleventh Circuit | 2019-12-27 | Denied | Response WaivedIFP | constructive-amendment criminal-procedure due-process fifth-amendment indictment jury-instructions material-variance self-incrimination sentencing sentencing-hearing | Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its del… |
| 19-812 | Charles T. Marshall v. Federal Trade Commission | Ninth Circuit | 2019-12-27 | Denied | Response Waived | 5th-amendment civil-procedure civil-rights constitutional-rights contempt due-process fifth-amendment right-to-counsel self-incrimination summary-judgment | Whether a civil defendant invoking the privilege against self-incrimination in his pleadings and discovery responses is unconstitutionally penalized |
| 19-813 | Loring Edwin Justice v. Board of Professional Responsibility of the Supreme Court of Tennessee | Tennessee | 2019-12-27 | Denied | Response Waived | 5th-amendment administrative-law attorney-discipline civil-rights due-process fifth-amendment professional-conduct quasi-criminal self-incrimination | Whether Tennessee violated the self-incrimination clause when it forced Justice to testify or suffer adverse inferences costing him his Tennessee law … |
| 19-7057 | Johnny L. Shelton v. United States | Sixth Circuit | 2019-12-26 | Denied | Response WaivedIFP | 21-usc-841 21-usc-846 conspiracy controlled-substance criminal-penalty drug-conspiracy drug-trafficking fifth-amendment inchoate-crime sentencing-enhancement statutory-interpretation | Whether the 'death results' enhanced penalty provisions of 21 U.S.C. §841(b)(1)(C) apply to a prosecution for the inchoate crime of conspiracy to comm… |
| 19-6971 | Comfort Delando Roberts v. Texas | Texas | 2019-12-19 | Denied | Relisted (2)IFP | confrontation-clause due-process fair-trial fifth-amendment impartial-jury ineffective-assistance presumption-of-innocence sixth-amendment | Ineffective-assistance-of-counsel |
| 19-7001 | Haji Bagcho, aka Haji Bagh Chagul, aka Haji Bagchagul v. United States | District of Columbia | 2019-12-18 | Denied | IFP | acquittal criminal-procedure due-process fifth-amendment jury-selection jury-selection-and-service-act racial-bias racial-discrimination sixth-amendment | Whether a criminal defendant can be denied time to inspect jury records where the jury office's policy prohibited earlier observation of the venire or… |
| 19-6973 | Taiwan Wiggins, et al. v. United States | Sixth Circuit | 2019-12-17 | Denied | Response WaivedIFP | burden-of-proof civil-forfeiture civil-procedure civil-rights constitutional-rights due-process fifth-amendment standing warrantless-seizure | Where a DEA agent stops two air travelers, who had been cleared, to board their flights, and takes from them (in a warrantless seizure) a sum of money… |
| 19-6975 | Jason Lee Bennett v. United States | Fifth Circuit | 2019-12-17 | Denied | Response WaivedIFP | 18-usc-2251 constitutional-rights criminal-law criminal-procedure due-process fifth-amendment sexually-explicit-conduct statutory-interpretation substantive-due-process | Whether the District Court denied the Petitioner's constitutional right to a substantive due process under the Fifth Amendment by the lower court's co… |
| 19-6957 | Venise Metayer v. Florida | Florida | 2019-12-16 | Denied | IFP | constitutional-rights double-jeopardy due-process fair-trial fifth-amendment fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-hearing | Did the trial/lower court create a manifest injustice when it allowed the petitioner to plea to charges that violated double-jeopardy laws, when the t… |
| 19-6960 | Ulriste Tulin v. United States | Fourth Circuit | 2019-12-16 | Denied | Response WaivedIFP | actual-innocence constitutional-rights due-process equal-protection fifth-amendment fourteenth-amendment grand-jury indictment jury-instruction | Does an inaccurate Jury Instruction on the content of the indictment violate due process of law? |
| 19-764 | Mark I. Sokolow, et al. v. Palestine Liberation Organization, et al. | Second Circuit | 2019-12-16 | GVR | Amici (3) | anti-terrorism-act anti-terrorism-act-1992 anti-terrorism-clarification-act-2018 congress due-process fifth-amendment international-terrorism national-security palestinian-authority personal-jurisdiction terrorism united-states-citizen | Whether the PLO and PA consented to personal jurisdiction when they chose to maintain facilities within the United States after the date specified in … |
| 19-6909 | Efrain J. Rosa v. R. L. Rhodes, Warden | Ninth Circuit | 2019-12-11 | Denied | Response WaivedRelisted (2)IFP | brady-v-maryland brady-violation conviction-reversal criminal-justice criminal-procedure due-process evidence evidence-suppression exculpatory-evidence fifth-amendment government-misconduct prosecutorial-misconduct | Has the government's suppression of exculpatory evidence violated due process under the Fifth Amendment? |
| 19-6914 | Levi Rockefeller v. California | California | 2019-12-11 | Denied | IFP | 6th-amendment civil-rights collusion conflict-of-interest constitutional-rights counsel court-procedure due-process fifth-amendment ineffective-assistance-of-counsel judicial-misconduct legal-ethics sixth-amendment trial-procedure | Did the court err by failing to inquire, explore, and/or avoid potential conflicts of interest by creating a scenario equivalent to collusion or couns… |
| 19-6916 | Sherri Jefferson v. Supreme Court of Georgia | Georgia | 2019-12-11 | Denied | Response WaivedRelisted (3)IFP | attorney-discipline disbarment due-process fifth-amendment fourteenth-amendment legal-precedent professional-responsibility self-incrimination | Does this Court's opinion in Spevack v. Klein, 385 U.S. 511 (1967), In re Ruffalo, 390 U.S. 544 (1968), and North Carolina Board of Dental Examiners v… |
| 19-6917 | In Re Sherri Jefferson | 2019-12-11 | Denied | Response WaivedIFP | attorney-discipline civil-rights constitutional-rights disbarment due-process due-process-clause equal-protection equal-protection-clause fifth-amendment professional-conduct self-incrimination | Whether the order of disbarment should be reversed, remanded, or vacated and set aside for violation of the Due Process and Self-Incrimination Clause … | |
| 19-741 | Estate of Esther Klieman, By and Through Its Administrator, Aaron Kesner, et al. v. Palestinian Authority, aka Palestinian Interim Self-Government Authority, et al. | District of Columbia | 2019-12-11 | GVR | anti-terrorism-act civil-liability civil-litigation congress-power congressional-intent criminal-prosecution due-process fifth-amendment foreign-sovereign | Whether the PA-PLO has the right to raise a Due Process defense under the Fifth Amendment | |
| 19-6894 | Vamsidhar Vurimindi v. Pennsylvania | Pennsylvania | 2019-12-10 | Denied | Response WaivedIFP | ashe-v-swenson blockburger-v-united-states brown-v-ohio compounding-charges constitutional-rights double-jeopardy due-process equal-protection fifth-amendment pro-se-appellant successive-prosecution | Whether State prosecuting an accused under pretense of successive prosecution based upon temporally distinct conduct from prior prosecution, and compo… |
| 19-6876 | Mauricio Aguirre, aka Mauricio Aguirre-Orcutt, aka Peter Holston-Aguirre, aka Peter Holston, aka Miller Aguirre v. United States | Fifth Circuit | 2019-12-09 | Denied | Response WaivedIFP | apprendi-v-new-jersey criminal-procedure due-process fifth-amendment indictment jury-trial sentencing sentencing-modification sixth-amendment supervised-release | Whether a federal defendant may suffer additional imprisonment on the basis of facts that have never been placed in an indictment, nor proven to a jur… |
| 19-723 | Oliver Lee White v. United States | Fourth Circuit | 2019-12-09 | Denied | Relisted (2) | civil-commitment criminal-procedure due-process fifth-amendment incompetence incompetency liberty-interest sexually-dangerous sexually-violent-conduct | Whether the Fifth Amendment's Due Process Clause forbids the civil-commitment trial of an incompetent person whose prior conduct is disputed |
| 19-6868 | Leigh Laz LePon v. Iowa | Iowa | 2019-12-05 | Denied | Response WaivedIFP | claims-processing due-process fair-and-impartial-tribunal fifth-amendment fourteenth-amendment judicial-impartiality partisan-advocacy privileges-and-immunities subject-matter-jurisdiction | Whether the state district-court judge violated the Fourteenth Amendment's privileges and immunities clause as well as the Fifth and Fourteenth Amendm… |
| 19-6801 | Marcos Palomar v. Raymond Madden, Warden | Ninth Circuit | 2019-12-03 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure custodial-interrogation due-process fifth-amendment miranda-rights police-advisement police-interrogation right-to-counsel sixth-amendment | Whether a Miranda v. Arizona 384 U.S. 436 (1966) rights advisal is invalid if police indicate the right to appointed counsel prior to questioning is d… |
| 19-6821 | Tim Sundy v. Friendship Pavilion Acquisition Co., et al. | Georgia | 2019-12-03 | Denied | IFP | 14th-amendment 1st-amendment 4th-amendment 5th-amendment civil-procedure civil-rights due-process fifth-amendment first-amendment fourteenth-amendment fourth-amendment takings | Whether Petitioner Tim Sundy, without a meaningful remedy, has immunity, as provided by the due process clause of the Fifth and Fourteenth Amendments … |
| 19-692 | Sunil Deo v. California | California | 2019-12-02 | Denied | Amici (2) | 14th-amendment 5th-amendment civil-procedure constitutional-law due-process federal-law fifth-amendment penal-code property-rights state-law takings takings-clause | Does California's application of Penal Code section 115 to deprive lienholders of their property constitute an uncompensated taking in violation of th… |
| 19-6778 | Michael Daemon Blackburn v. United States | Tenth Circuit | 2019-11-27 | Denied | Response WaivedIFP | constitutional-law constitutional-waiver criminal-procedure custodial-interrogation due-process fifth-amendment interrogation-rights miranda-rights self-incrimination waiver | Is a written-only advisement of Miranda rights -without time or silence to read it - a sufficient advisal allowing a knowing, intelligent and voluntar… |
| 19-6760 | Ijaz Khan v. United States | Fourth Circuit | 2019-11-26 | Denied | Response WaivedIFP | administrative-procedure-act constructive-amendment criminal-procedure double-jeopardy federal-rules-of-civil-procedure fifth-amendment indictment indictment-modification polygamy polygamy-charge | Whether a constructive amendment occurred at trial when the court found defendant guilty of multiple marriages, a charge not on the indictment, and wh… |
| 19-6691 | Robert H. Smith v. Indiana | Indiana | 2019-11-20 | Denied | Response WaivedIFP | 14th-amendment 4th-amendment 5th-amendment 6th-amendment exclusionary-rule fifth-amendment fourth-amendment ineffective-assistance judicial-review sixth-amendment state-court-conflict strickland-standard | Whether the Indiana Supreme Court/Court of Appeals has entered a decision in conflict with other decisions previously made in the United States Suprem… |
| 19-6692 | Kenneth Robert Simpson v. United States | Eighth Circuit | 2019-11-20 | Denied | Response WaivedIFP | constitutional-interpretation constitutional-rights double-jeopardy due-process fifth-amendment habeas-corpus judicial-discretion parole revocation sentencing-guidelines statutory-construction supervised-release | Whether the revocation of supervised release and imposition of additional imprisonment for a violation of the conditions of supervised release violate… |
| 19-6699 | Andrew McWhorter v. Indiana | Indiana | 2019-11-20 | Denied | Response WaivedIFP | acquittal amended-charges charging-information criminal-procedure deadly-weapon double-jeopardy due-process fifth-amendment jury | Whether the Double Jeopardy Clause of the Fifth Amendment barred the State of Indiana from 'retrying' Petitioner |
| 19-6655 | Terrence Leonard Mathis v. United States | Eleventh Circuit | 2019-11-18 | Denied | IFP | certiorari criminal-procedure criminal-procedure-rights detention due-process fifth-amendment habeas-corpus interrogation rehaif-standard rehaif-v-united-states remand right-to-counsel | Whether the Court should grant certiorari, vacate the judgment below, and remand for reconsideration in light of Rehaif v. United States, 189 S. Ct. 2… |
| 19-624 | Mark Graf, et al. v. Hyung Seok Koh, et ux. | Seventh Circuit | 2019-11-15 | Denied | Response Waived | 5th-amendment civil-procedure civil-rights coercive-interrogation due-process fifth-amendment interlocutory-appeal johnson-v-jones qualified-immunity seventh-circuit | Whether the Seventh Circuit's renouncement of jurisdiction over Petitioners' interlocutory appeal misapplied Johnson v. Jones |
| 19-6644 | Darrell Freeze v. United States | Fifth Circuit | 2019-11-15 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment criminal-procedure due-process federal-courts federal-sentencing fifth-amendment judicial-fact-finding sentencing sixth-amendment substantive-reasonableness | Whether the Fifth and Sixth Amendments permit judges to find the facts necessary to support an otherwise substantively unreasonable federal sentence |
| 19-6635 | Matthew Paul Borowski v. Kimberly Bechelli, et al. | Seventh Circuit | 2019-11-14 | Denied | Response WaivedIFP | article-iii civil-procedure civil-rights constitutional-review due-process due-process-clause fifth-amendment judicial-remedial-structure judicial-remedies section-1983 section-2 standing ziglar-v-abbasi | Is the judicial remedial structure created in Ziglar v. Abbasi constitutional under Article III, Section 2? |
| 19-6641 | Michael Anthony Clayton v. United States | Sixth Circuit | 2019-11-14 | Denied | Response WaivedIFP | circuit-split constitutional-rights criminal-procedure custodial-interrogation fifth-amendment miranda-rights miranda-warning right-to-counsel self-incrimination sixth-amendment | Must an Officer Tell a Criminal Suspect in Custody That He Has the Right to Have an Attorney Present During the Interview, in Order to Use the Suspect… |
| 19-6629 | Jacqueline M. King v. District of Columbia, et al. | District of Columbia | 2019-11-13 | Dismissed | Response WaivedIFP | civil-procedure civil-rights criminal-charges driver's-license drivers-license due-process fifth-amendment fourteenth-amendment notice notice-requirement parking-tickets suspension | Whether the District of Columbia violated Petitioner's due process rights under the Fifth and Fourteenth Amendments |
| 19-607 | Woodcrest Homes, Inc. v. Carousel Farms Metropolitan District | Colorado | 2019-11-12 | Denied | Amici (1) | 5th-amendment constitutional-interpretation due-process eminent-domain fifth-amendment government-taking private-benefit property-rights public-use takings | Is the Fifth Amendment's restriction of eminent domain to 'public use[s]' satisfied even if a condemnation is undertaken 'for the purpose of conferrin… |
| 19-6574 | Marco Gonzalez v. Panda Restaurant Group, Inc. | California | 2019-11-12 | Denied | Response WaivedIFP | civil-procedure civil-rights conflicting-rulings constitutional-rights due-process fifth-amendment fourteenth-amendment legal-procedure res-judicata standing vexatious-litigant | Why doesn't there exist Vexatious Litigant laws or procedure that addresses Multiplicity of California's §391 Motion with Conflicting Rulings based on… |
| 19-6560 | Matthew Joseph Lucio v. United States | Fifth Circuit | 2019-11-08 | Denied | Response WaivedIFP | consideration contract-law criminal-procedure due-process fifth-amendment guilty-plea habeas-corpus plea-agreement united-states-court-of-appeals | Whether Mr. Lucio's plea agreement which extracted his guilty plea lacks consideration, and if so, whether his guilty plea violates the Fifth Amendmen… |
| 19-6561 | Maurice D. Joseph v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-11-08 | Denied | IFP | 14th-amendment 4th-amendment 5th-amendment 6th-amendment constitutional-rights due-process fifth-amendment fourth-amendment illegal-interrogation right-to-privacy secret-recording self-incrimination unlawful-interrogation warrantless-recording | Whether a detective's interrogation of a suspect at the suspect's home and secret recording of the suspect without consent, court authorization, or a … |
| 19-6503 | Pedro Jorge Moreno-Garcia v. United States | Fifth Circuit | 2019-11-06 | Denied | Response WaivedIFP | confrontation-clause deportation fifth-amendment fifth-circuit immigration supreme-court testimonial-hearsay warrant-of-removal | Is an immigration officer's signature on a warrant of removal attesting that he witnessed the alien depart the United States testimonial hearsay subje… |
| 19-573 | Jamil Abdullah Al-Amin v. Timothy C. Ward, Commissioner, Georgia Department of Corrections, et al. | Eleventh Circuit | 2019-11-01 | Denied | Response RequestedResponse WaivedRelisted (2) | brecht-standard brecht-v-abrahamson closing-arguments constitutional-error fifth-amendment habeas-corpus harmless-error prosecutorial-misconduct substantial-defense | Did the Eleventh Circuit improperly determine that the Prosecution's pattern of deliberate and egregious improper comments in closing arguments did no… |
| 19-6463 | Michael A. Albert v. New York | New York | 2019-11-01 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment due-process fair-trial fifth-amendment fourteenth-amendment outrageous-conduct police-agent right-to-present-defense sexual-inducement voluntariness | Whether the promise and delivery of sex by a police agent is sufficient inducement to trigger 5th and/or 14th Amendment protections |
| 19-6444 | Jermaine D. Harris v. Stephen T. Moyer, Secretary, Maryland Department of Public Safety and Correctional Services, et al. | Fourth Circuit | 2019-10-30 | Denied | Response WaivedRelisted (2)IFP | aiding-and-abetting appeal cell-phone-technology cell-tower-testimony criminal-procedure cumulative-effect due-process fifth-amendment fifth-amendment-privilege habeas-corpus ineffective-assistance legally-inconsistent-verdicts sixth-amendment strickland-v-washington | Did the Court of Appeals err in denying a certificate of appealability on Petitioner's claim that his trial counsel was constitutionally ineffective f… |
| 19-6445 | Lewellyn Charles Cox, IV, aka Sho, aka Showtime, aka Showtyme v. United States | Ninth Circuit | 2019-10-30 | Denied | Response WaivedIFP | 6th-amendment due-process fifth-amendment guilty-plea harmless-error harmless-error-analysis ineffective-assistance right-to-self-representation self-representation self-representation-at-sentencing sentencing structural-error | Whether denial of a right to self-representation during sentencing is subject to harmless error analysis or structural error |
| 19-554 | 50 Murray Street Acquisition LLC v. John Kuzmich, et al. | New York | 2019-10-30 | Denied | Amici (2) | due-process fifth-amendment fourteenth-amendment judicial-takings lower-manhattan-revitalization-plan property-rights rent-stabilization section-421-g takings-clause | Whether courts can eliminate established property rights without just compensation |
| 19-6418 | Wayne Neville Morris v. United States | Ninth Circuit | 2019-10-29 | Denied | Response WaivedIFP | certificate-of-appealability constructive-amendment criminal-procedure criminal-procedure-error due-process fatal-variance fifth-amendment modified-categorical-approach rule-of-lenity sixth-amendment | Whether a conviction based on an erroneous legal theory can be sustained when the petitioner presents clear and convincing evidence that the accused, … |
| 19-6390 | Edward L. Collins v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-10-24 | Denied | Response WaivedIFP | constitutional-violation due-process eighth-amendment equal-protection fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel jury-trial miranda-rights self-incrimination sixth-amendment | Was the Petitioner's right to due process and freedom from self-incrimination violated? |
| 19-6349 | Jarvas Jovon Brinkley v. Randee Rewerts, Warden | Michigan | 2019-10-23 | Denied | IFP | appellate-review constitutional-rights due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel lafler-v-cooper michigan-law sixth-amendment strickland-standard strickland-v-washington | Does the decisions below conflict with the decisions of other U.S. circuit courts of appeals and state appellate courts, and misapply this court's dec… |
| 19-6315 | John David Stahlman v. United States | Eleventh Circuit | 2019-10-22 | Denied | Response WaivedIFP | 5th-amendment circuit-split constitutional-law criminal-procedure due-process federal-criminal-law fifth-amendment sentencing statutory-interpretation title-18-usc-2422(b) | Did the United States District Court for the Middle District of Florida and the Court of Appeals for the Eleventh Circuit violate the petitioner's Fif… |
| 19-6317 | In Re D'Angelo Hildan Shipman | 2019-10-22 | Denied | IFP | 5th-amendment civil-procedure constitutional-rights due-process federal-court federal-jurisdiction fifth-amendment habeas-corpus illegal-sentence legal-sentence mandate | Why am I still in prison? I filed a federal habeas corpus petition in the United States District Court, Middle District of Florida, Jacksonville Divis… | |
| 19-6341 | Charles Raymond Stagner v. United States | Eleventh Circuit | 2019-10-22 | Denied | Response WaivedIFP | criminal-intent criminal-procedure drug-crimes due-process evidence-admissibility fifth-amendment intent methamphetamine-possession sentencing sentencing-reduction sufficiency-of-evidence | Whether the Fifth Amendment Guarantees the Petitioner the Right to a Judgment of Acquittal If the Government Fails to Prove the Petitioner Intended to… |
| 19-6303 | Jeffrey Jason Cooper v. United States | Eleventh Circuit | 2019-10-18 | Denied | Response WaivedIFP | confrontation-clause due-process evidence fifth-amendment hearsay sixth-amendment witness-testimony | Whether the lower Courts erred in allowing multiple hearsay statements of five alleged witnesses and other non-testifying witnesses whom did not testi… |
| 19-498 | Raymond L. Rogers v. United States | Tenth Circuit | 2019-10-18 | Denied | Response Waived | 28-usc-2253 28-usc-2255 certificate-of-appealability criminal-procedure criminal-prosecution fifth-amendment habeas-corpus immediate-release sixth-amendment subject-matter-jurisdiction | Whether the Tenth Circuit Court of Appeals erred in denying a certificate of appealability |
| 19-6278 | Kenneth Lyle Spangle v. United States | Ninth Circuit | 2019-10-17 | Denied | Response WaivedIFP | 18-usc-2113 18-usc-924 arbitrary-and-capricious bank-robbery categorical-approach certificate-of-appealability crime-of-violence due-process federal-bank-robbery fifth-amendment meaningful-review | Whether the Circuit's decision to deny a certificate of appealability without any analysis or explanation for its decision at all was so arbitrary and… |
| 19-6265 | Alex Knight v. United States | Eleventh Circuit | 2019-10-16 | Denied | IFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and/or Sixth Amendments are violated when a district court increases a criminal defendant's sentence based upon conduct for which a … |
| 19-6275 | Dennis Jones v. Massachusetts | Massachusetts | 2019-10-16 | Denied | Amici (1)Response WaivedIFP | act-of-production compelled-decryption due-process exception fifth-amendment foregone-conclusion self-incrimination testimonial-evidence | Does the Fifth Amendment's act of production doctrine apply to compelled decryption? If so, what does the foregone conclusion exception to the act of … |
| 19-6202 | Manuel Rodriguez-Santana v. United States | First Circuit | 2019-10-10 | Denied | Response WaivedRelisted (2)IFP | affidavit constitutional-procedure criminal-complaint criminal-procedure federal-rules-of-criminal-procedure fifth-amendment fourth-amendment magistrate magistrate-review probable-cause | Whether the District Court Violated the Fourth and Fifth Amendment; Federal Rule Criminal Procedure |
| 19-6175 | K. S. v. Contra Costa County Children & Family Services Bureau | California | 2019-10-07 | Denied | Relisted (2)IFP | california-welfare-and-institution-code civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection federalism fifth-amendment fourteenth-amendment santosky-v-kramer sixth-amendment standing supreme-court-precedent welfare-code | Whether the application of California Welfare and Institution Code violated petitioner's constitutional rights under the Fifth, Sixth and Fourteenth A… |
| 19-6188 | John Gregory Alexander Herrin v. United States | Ninth Circuit | 2019-10-07 | Denied | Response WaivedRelisted (2)IFP | appellate-jurisdiction collateral-order-doctrine due-process fifth-amendment grand-jury-indictment grand-jury-indictment-clause interlocutory-appeal jurisdiction statute-of-limitations | Whether the Ninth Circuit Court of Appeals erred in failing to assume interlocutory appellate jurisdiction over petitioner's Fifth Amendment grand-jur… |
| 19-6191 | K. N., et ux. v. Montana Department of Public Health and Human Services | Montana | 2019-10-07 | Denied | Response WaivedRelisted (3)IFP | 1st-amendment 5th-amendment civil-rights civil-rights-act-of-1964 constitutional-rights cruel-and-unusual-punishment cruel-punishment due-process fifth-amendment freedom-of-religion parental-rights religious-discrimination self-incrimination state-action state-overreach | Did the state's demands that the parents admit guilt violate their Constitutional rights under the 5th Amendment? |
| 19-6154 | Joanthony Deaundre Johnson v. Missouri | Missouri | 2019-10-04 | Denied | Response WaivedIFP | cell-phone criminal-procedure digital-evidence fifth-amendment fourth-amendment particularity-requirement search-and-seizure self-incrimination warrant-particularity | Whether a warrant authorizing the search of a cell phone and describing the things to be seized as 'all data/software' pertaining to the crimes is off… |
| 19-6123 | Castor Quintaires Gonzales v. United States | Eleventh Circuit | 2019-10-03 | Denied | Response WaivedIFP | actual-innocence appellate-review court-of-appeals due-process fifth-amendment mandate-recall presumption-of-innocence structural-error | Does the Fifth Amendment compel a court of appeals to remedy its inadvertent affirmance of unrecognized structural error that was apparent from the re… |
| 19-6146 | Hector Rosario-Rivera v. United States | First Circuit | 2019-10-03 | Denied | Response WaivedIFP | constitutional-rights due-process due-process,sixth-amendment,fifth-amendment,ineffe fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sentencing-error sixth-amendment | Whether the Petitioner's Fifth and Six Amendment Rigths were violated by plain error made in calculating petitioner's sentence, and the numerous ways … |
| 19-447 | Keith Puntenney, et al. v. Iowa Utilities Board, et al. | Iowa | 2019-10-03 | Denied | Response Waived | common-carrier eminent-domain fifth-amendment incidental-benefits kelo-precedent kelo-v-city-of-new-london public-purpose public-use takings takings-clause | Does a state's exercise of eminent domain satisfy the 'public use' requirement of the Fifth Amendment's Takings Clause if the only benefits experience… |
| 19-427 | Durant Brockett, et al. v. Matthew E. Orso, as Receiver for REX Venture Group, LLC, dba ZeekRewards.com | Fourth Circuit | 2019-10-02 | Denied | Response Waived | absent-defendants adequate-representation circuit-court civil-procedure class-action defendant-class due-process error-correction fifth-amendment hansberry-v-lee | Is the Due Process Clause of the Fifth Amendment violated by the entry of a final judgment against a class of absent defendants, if the absent defenda… |
| 19-6107 | Robert B. Ledbetter v. United States | Sixth Circuit | 2019-10-01 | Denied | Response WaivedIFP | conspiracy conspiracy-charges criminal-law criminal-sentencing double-jeopardy due-process fifth-amendment insufficient-evidence murder murder-conviction sufficiency-of-evidence | Where the evidence is insufficient to convict on conspiracy and murder charges, can the defendant be convicted on those charges? |
| 19-6118 | Aaron Brent v. Ashley Workman | Michigan | 2019-10-01 | Denied | IFP | civil-procedure civil-rights collateral-consequences due-process fifth-amendment judicial-review law-enforcement-database mootness personal-protection-order takings | Whether Michigan's personal protection order statute unconstitutionally deprives the accused of meaningful due process |
| 19-6072 | Thomas Joseph Eppelsheimer v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-09-27 | Denied | IFP | age-of-consent criminal-law due-process fifth-amendment ineffective-assistance-of-counsel mens-rea sexual-assault statutory-rape strickland-v-washington | Is Texas Penal Code §§ 21.11(a)(1) and 22.011(a)(2) unconstitutional under the Fifth Amendment right to Due Process? |
| 19-411 | Rodney Reed v. Texas | Texas | 2019-09-26 | Denied | Amici (2)Relisted (8) | brady-materiality brady-v-maryland confrontation-clause due-process exculpatory-evidence fifth-amendment materiality self-incrimination suppressed-evidence witness-testimony | When assessing under the Brady materiality standard whether 'disclosure of the suppressed evidence to competent counsel would have made a different re… |
| 19-388 | Mimi Korman v. Julio Iglesias | Eleventh Circuit | 2019-09-24 | Denied | where a district court dismisses the action on th civil-procedure civil-rights due-process fifth-amendment intent judicial-estoppel pleading-stage pleadings property-rights standing takings | Is a civil plaintiff deprived of property without due process of law guaranteed by the Fifth Amendment where a district court dismisses the action on … | |
| 19-6039 | Camilo Andres Landazuri Vargas v. United States | Eleventh Circuit | 2019-09-24 | Denied | IFP | congress-powers-limits congressional-power criminal-law due-process fifth-amendment foreign-national international-law international-waters jurisdiction jurisdictional-element maritime-drug-law maritime-drug-law-enforcement-act maritime-law sixth-amendment statutory-interpretation united-states-constitution | Whether the prosecution of Mr. Vargas - an Ecuadorian national with no ties to the United States - for trafficking controlled substances in internatio… |
| 19-6027 | Jordan Combs v. United States | Sixth Circuit | 2019-09-23 | Denied | Response WaivedIFP | 5th-amendment child-pornography constitutional-law constitutional-rights criminal-procedure due-process fifth-amendment possession sentencing | Whether Jordan Combs' due process rights under the Fifth Amendment were violated when the district court sentenced him to 120 months on possession of … |
| 19-5973 | Wilfred Warren Sheppard v. Texas | Texas | 2019-09-19 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus jury-trial sixth-amendment supreme-court-precedent united-states-constitution | Whether the Texas Criminal Court of Appeals has ruled in a manner which conflicts with the Fifth and Sixth Amendment of the U.S. Constitution |
| 19-364 | Dwayne Lamar Williams, Sr. v. Virginia | Virginia | 2019-09-19 | Denied | Response Waived | 14th-amendment 5th-amendment constitutional-law criminal-procedure due-process fifth-amendment fourteenth-amendment grand-jury incorporation jurisdiction state-criminal-procedure state-indictment | Does the Fifth Amendment grand jury right apply to state indictments via the Fourteenth Amendment? |
| 19-366 | Walter C. Lange v. Commissioner of Internal Revenue | Fifth Circuit | 2019-09-19 | Denied | Response Waived | due-process eighth-amendment excise fifth-amendment first-amendment income-tax indirect-tax tax-code title-26 vagueness | Whether the income tax under Title 26 of the U.S. Code is an indirect tax and therefore exclusively an excise, duty or impost arising from the exercis… |
| 19-5967 | Cameron Thomas v. Nevada | Nevada | 2019-09-17 | Denied | Relisted (2)IFP | constitutional-amendments due-process fair-trial fifth-amendment fourteenth-amendment fundamental-fairness sixth-amendment trial-court-narrative | Whether the Nevada Supreme Court committed error when it failed to address Thomas' contention that his right to fundamental fairness was violated when… |
| 19-5977 | Kerry Lyn Dalton v. California | California | 2019-09-17 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment constitutional-requirement criminal-sentencing death-penalty fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment statutory-maximum | Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con… |
| 19-5927 | Cuitlahuac Tahua Rivera v. California | California | 2019-09-13 | Denied | IFP | constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to… |
| 19-5933 | Julian Alejandro Mendez v. California | California | 2019-09-13 | Denied | IFP | aggravating-factors constitutional-amendments criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment reasonable-doubt sixth-amendment trier-of-fact | Whether the California death penalty scheme violates the Fifth, Sixth and Fourteenth Amendments by permitting the trier of fact to impose a sentence o… |
| 19-5921 | Lisa M. Montgomery v. United States | Eighth Circuit | 2019-09-12 | Denied | Amici (2)IFP | attorney-client-relationship capital-case capital-trial due-process fifth-amendment in-chambers learned-counsel notice-requirement right-to-counsel sixth-amendment termination-of-counsel | In a federal capital trial case, may a federal district court judge, consistent with the Fifth and Sixth Amendments, terminate the appointment of lear… |
| 19-5917 | Matthew A. Castro v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-09-11 | Denied | Response WaivedIFP | 11th-circuit 5th-amendment 6th-amendment constitutional-rights due-process effective-assistance-of-counsel fact-finding federal-courts fifth-amendment habeas-corpus prosecutorial-misconduct sixth-amendment standard-of-review | Whether the United States Court of Appeal for the Eleventh Circuit erred by unreasonably determining the facts based on a misreading of the state reco… |
| 19-5892 | Charles Titus, et ux. v. Mohammed Alaeddin, et al. | Illinois | 2019-09-10 | Denied | IFP | appellate-review civil-procedure due-process equal-protection fifth-amendment fourteenth-amendment judicial-bias pro-se pro-se-parties procedural-due-process standing trial-proceedings | Whether the trial court's actions amounted to a violation of the Due Process Clause |
| 19-5900 | David Earl Ison v. Richard Brown, Superintendent, Wabash Valley Correctional Facility | Seventh Circuit | 2019-09-10 | Denied | Response WaivedIFP | boykin-v-alabama civil-rights criminal-procedure due-process fifth-amendment plea-bargaining self-incrimination sentencing | Whether the introduction of a defendant's involuntary plea or statements in violation of the Fifth Amendment's privilege against self-incrimination is… |
| 19-300 | Beth Lewis Maze, Circuit Judge v. Kentucky Judicial Conduct Commission | Kentucky | 2019-09-05 | Denied | administrative-hearing civil-proceeding civil-rights criminal-indictment criminal-procedure due-process fifth-amendment judicial-conduct self-incrimination stay | Did the denial of the stay in the civil proceedings deprive Petitioner of her fundamental Fifth Amendment right to remain silent in the state criminal… | |
| 19-288 | Javier Sanchez, Gregory Casorso, and Michael Marr v. United States | Ninth Circuit | 2019-09-04 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (2) | antitrust antitrust-law criminal-law criminal-procedure due-process fifth-amendment jury-instructions per-se-rule presumption sherman-act sixth-amendment | Whether the operation of the per se rule in criminal antitrust cases violates the constitutional prohibition against instructing juries that certain f… |
| 19-5818 | Joshua Wayne Riley v. United States | Fourth Circuit | 2019-09-04 | Denied | Response WaivedIFP | civil-rights confession-reliability corroboration-requirement criminal-procedure due-process exclusionary-rule fifth-amendment miranda-rights parole-revocation supervised-release | Whether the Fifth Amendment requires the district court to apply the exclusionary rule in a supervised release revocation hearing |
| 19-5825 | Mario Garcia-Zavala v. United States | First Circuit | 2019-09-04 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment booking-exception booking-information-exception constitutional-law criminal-procedure evidence-of-identity fifth-amendment fourth-amendment immigration-crimes miranda-v-arizona miranda-warnings stop-and-identify | Does the booking information exception to the warnings required by Miranda v. Arizona, 384 U.S. 436 (1966), apply to evidence of identity in prosecuti… |
| 19-5792 | Randall Turner v. Tennessee | Tennessee | 2019-09-03 | Denied | IFP | bias-adjudicator capital-adversary-procedures conflict-of-interest due-process equal-protection fifth-amendment fourteenth-amendment sixth-amendment statute-of-limitations structural-defect term-1 term-2 term-3 term-4 term-5 term-6 | Whether the appellate court appeal process was fundamentally unfair and a denial of due process of law under the Fifth, Sixth and Fourteenth Amendment |
| 19-5794 | Dazzle Young v. Francisco J. Quintana, Warden | Sixth Circuit | 2019-09-03 | Denied | Response WaivedIFP | criminal-procedure due-process evidence evidence-tampering fifth-amendment fourteenth-amendment sentencing | Whether Mr. Young's conviction violated due process and his Fifth and Fourteenth Amendment rights due to the use of tampered evidence |
| 19-5770 | Danny Lee Banks v. United States | Sixth Circuit | 2019-08-30 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment fourteenth-amendment johnson-precedent residual-clause sentencing sixth-amendment unconstitutional unconstitutional-sentencing | Did the appeals court and district court violate bank's fifth, sixth and fourteenth amendment rights by upholding a sentence that was based on the unc… |
| 19-258 | Richard Lewis Katzin, et al. v. United States | Federal Circuit | 2019-08-28 | Denied | Response Waived | 5th-amendment deed-dispute due-process fifth-amendment government-action government-taking just-compensation land-ownership property-rights remand takings takings-clause title-claim unsalable-property | Whether the Government can claim title to privately owned land and actively work to make that property unsaleable, without triggering the Fifth Amendm… |
| 19-253 | Straight Path IP Group, LLC v. Apple Inc., et al. | Federal Circuit | 2019-08-27 | Denied | Response RequestedResponse WaivedRelisted (2) | appellate-review civil-procedure due-process federal-circuit fifth-amendment patent patent-infringement patent-law procedural-due-process summary-judgment | Whether Rule 36(e) of the Federal Circuit's Rules of Procedure violates the Fifth Amendment by authorizing panels of the Federal Circuit to affirm, wi… |
| 19-5693 | Harlow Hutchinson v. Louisiana | Louisiana | 2019-08-23 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 19-5669 | Matthew Davis v. United States | Eighth Circuit | 2019-08-22 | Denied | Response WaivedIFP | conspiracy conspiracy-to-distribute constructive-amendment criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions | Whether Petitioner is entitled to further consideration on his initial motion under 28 U.S.C. 2255 that his trial counsel was ineffective for failing … |
| 19-5644 | Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-08-21 | Denied | IFP | criminal-procedure does-judicial-confession double-jeopardy due-process due-process-clause fifth-amendment fourteenth-amendment habeas-corpus indigent-defendant judicial-confession legal-assistance legal-assistance-clause sixth-amendment without-prior-appointment-of-counsel without-waiver | Does judicial confession in this case, without a waiver and without prior appointment of counsel for an indigent defendant, violate the Legal Assistan… |
| 19-5660 | Alfonso Sanchez v. Pennsylvania | Pennsylvania | 2019-08-21 | Denied | IFP | circuit-split criminal-procedure double-jeopardy due-process fifth-amendment jury-verdict mistrial oregon-v-kennedy prosecutorial-misconduct reversal-of-conviction | Does the Double Jeopardy Clause bar retrial when a prosecutor's misconduct, committed for the purposes of diminishing a defendant's chance of acquitta… |
| 19-5614 | Robert Ricks v. United States | Fifth Circuit | 2019-08-16 | Denied | Response WaivedIFP | compulsory-process criminal-procedure defense-witness due-process fifth-amendment immunity perjury perjury-threat prosecutorial-misconduct sixth-amendment witness-immunity witness-intimidation | Whether the grant of use and derivative use immunity to a defense witness cured the government's misconduct when the case agent threatened the defense… |
| 19-5554 | Andres Soto v. United States | Ninth Circuit | 2019-08-13 | Denied | Response WaivedIFP | 5th-amendment circuit-split civil-rights constitutional-rights custody due-process fifth-amendment miranda-custody miranda-v-arizona police-encounter reasonable-person-test sixth-amendment | Whether courts must give significant weight to whether an accused person reasonably feels free to leave a police encounter when determining if they ar… |
| 19-5497 | John McGill v. United States | Eleventh Circuit | 2019-08-08 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | burden-of-proof constitutional-rights criminal-procedure due-process fifth-amendment jury-instructions pattern-jury-instructions reasonable-doubt sixth-amendment | When a district court issues erroneous jury instructions that include (a) to consider conviction with less than guilt beyond all reasonable doubt and … |
| 19-5471 | J. A. M. v. New Jersey | New Jersey | 2019-08-06 | Denied | IFP | 5th-amendment ambiguous-request appellate-division appellate-review criminal-procedure due-process fifth-amendment interrogation right-to-counsel | Did the Appellate Division err by ignoring the fact that petitioner-defendant was denied his Fifth Amendment right to have counsel present during inte… |
| 19-5479 | Gregory Waddell Hayes v. United States | Fourth Circuit | 2019-08-06 | Denied | Response WaivedIFP | civil-rights constitutional-law criminal-procedure double-jeopardy due-process federalism fifth-amendment precedent separate-sovereigns sovereign-immunity | Whether this Court should overrule the separate sovereigns exception to Double Jeopardy |
| 19-5481 | Jomo Williams v. United States | Second Circuit | 2019-08-06 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence federal-rule-of-evidence fifth-amendment jury sixth-amendment | Were Petitioner's Fifth and Sixth Amendment due process rights obliterated |
| 19-150 | Lynn Lumbard, et al. v. City of Ann Arbor, Michigan | Sixth Circuit | 2019-08-01 | Denied | Response Waived | 42-usc-1983 5th-amendment federal-court-review fifth-amendment just-compensation loretto-v-teleprompter permanent-physical-occupation physical-occupation san-remo-hotel state-court-exhaustion takings takings-claim takings-clause | Whether Petitioners' Takings Clause claim should be reinstated |
| 19-5431 | DeAndre Cherry v. United States | Seventh Circuit | 2019-08-01 | Denied | Response WaivedIFP | 4th-amendment civil-rights due-process effective-assistance-of-counsel eighth-amendment exclusionary-rule fifth-amendment fourth-amendment fourth-amendment-violation probable-cause search search-and-seizure vehicle-search | Was the petitioner's Fourth Amendment right infringed upon when the officers conducted an illegal search of his vehicle absent probable cause? |
| 19-5409 | Brady Daniel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-07-31 | Denied | Relisted (2)IFP | civil-rights due-process fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment texas-code-of-criminal-procedure texas-constitution warrantless-search | Whether the actions of Nawis County Sheriff's Department violate the constitutional and statutory rights of petitioner Brady A. Daniel under the Fourt… |
| 19-5418 | Walter Lee Brown v. James Deal, Warden | Eleventh Circuit | 2019-07-31 | Denied | Response WaivedIFP | civil-procedure civil-rights due-process fifth-amendment free-speech jurisdiction land-use-regulation property-rights regulatory-takings standing takings-clause | Whether the Sixth Circuit Court of Appeals erred in holding that the Takings Clause of the Fifth Amendment does not prohibit the government from requi… |
| 19-142 | Timothy C. Harry, et al. v. American Brokers Conduit, et al. | First Circuit | 2019-07-30 | Denied | Response Waived | civil-procedure civil-rights document-fabrication due-process fifth-amendment foreclosure fourteenth-amendment lending-transaction property-rights standing takings | Whether the First Circuit Court of Appeals was correct in denying Petitioners' Fifth and Fourteenth Amendments rights to Substantive and Procedural Du… |
| 19-5379 | Michael Boyd Crowley v. Texas | Texas | 2019-07-30 | Denied | IFP | constitutional-rights criminal-procedure due-process fifth-amendment miranda-warnings right-to-counsel self-incrimination self-incrimination,right-to-counsel,due-process,fi trial-procedure | Was the information given by Dr. Dunham sufficient to warn the defendant of the danger of self incrimination? |
| 19-5390 | In Re Francisco Narvaez | 2019-07-30 | Denied | Response WaivedIFP | adequate-representation civil-rights constitutional-rights due-process effective-assistance-of-counsel fifth-amendment ineffective-assistance-counsel legal-representation procedural-error professional-conduct sixth-amendment speedy-trial | Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated due to his attorneys' failure to file a motion to suppr… | |
| 19-5375 | Sean Daniels v. Shane Jackson, Warden | Sixth Circuit | 2019-07-29 | Denied | Response WaivedIFP | actual-innocence due-process fifth-amendment ineffective-assistance judicial-misconduct prosecutorial-misconduct sixth-amendment | Was Mr. Daniels denied effective-assistance-of-counsel |
| 19-5351 | Johnny Lee Johnson v. William Sperfslage | Eighth Circuit | 2019-07-26 | Denied | Response RequestedRelisted (2)IFP | due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error-review shackling sixth-amendment | Whether the due process provisions of the Fifth and Sixth Amendments require a plain error review when a defendant is shackled in view of a jury or if… |
| 19-5355 | Benny Ray Regalado v. United States | Fifth Circuit | 2019-07-26 | Denied | Response WaivedIFP | 5th-amendment due-process fifth-amendment hearing-neutrality judicial-procedure neutral-hearing-body parole plea-bargaining probation probation-revocation revocation-hearing waiver-of-rights | Whether a defendant waives his right, under the Due Process Clause of the Fifth Amendment, to a neutral and detached hearing body at his probation-rev… |
| 19-5358 | Victor Manuel Collazo-Gonzalez v. United States | Fifth Circuit | 2019-07-26 | Denied | Response WaivedIFP | alleyne almendarez-torres appellate-procedure apprendi constitutional-interpretation criminal-law criminal-procedure due-process fifth-amendment judicial-review precedent-analysis sentencing supreme-court-review | Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-5341 | Roshard Whitehead v. Florida Department of Corrections | Eleventh Circuit | 2019-07-25 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment civil-rights constitutional-law criminal-procedure criminal-trial due-process federal-rule-3 fifth-amendment fourth-amendment illegal-search-and-seizure search-and-seizure standing victim-rights | Whether the courts overlooked federal law and the U.S. Constitution when they overlooked the 4th Amendment exclusionary rule, the 5th Amendment right … |
| 19-5310 | Rodolfo Cantu, Jr., aka Lil Rudy v. United States | Fifth Circuit | 2019-07-24 | Denied | Response WaivedIFP | confrontation-right crawford-v-washington due-process fifth-amendment hearsay sentencing sentencing-enhancement sentencing-proceedings sixth-amendment | Was the enhancement for a credible threat improper considering the district court's partial reliance on hearsay facts outside the record, which violat… |
| 19-5281 | Ronald Wesley Jiles v. Michigan | Michigan | 2019-07-23 | Denied | IFP | criminal-procedure due-process evidence-admissibility fair-trial fifth-amendment fifth-amendment-right jury-bias jury-instructions prejudice prosecutorial-misconduct self-incrimination | Whether a defendant's right to exercise his Fifth Amendment right was prejudiced by the prosecution's comments on it during closing arguments |
| 19-107 | Vincent Asaro v. United States | Second Circuit | 2019-07-22 | Denied | Amici (3)Response RequestedResponse WaivedRelisted (3) | 5th-amendment 6th-amendment acquitted-conduct criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial-right sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct underlying a charge for which t… |
| 19-5253 | Jonathan Thomas Wright v. Adam Holley, Acting Commissioner of the West Virginia Department of Motor Vehicles | West Virginia | 2019-07-19 | Denied | Response WaivedRelisted (2)IFP | appeal-process appellate-procedure due-process due-process-rights fifth-amendment mootness state-agency state-statute stay-order | Whether it is a violation of a substantial due process rights for a State agency to proceed with punishments in violation of state statute and a Stay … |
| 19-5239 | Kenneth Traylor v. Mississippi | Mississippi | 2019-07-18 | Denied | Response WaivedIFP | actual-innocence due-process evidentiary-hearing fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction post-conviction-relief | Whether the petitioner's substantive claim should be heard on the merits as it could not have been raised in earlier proceedings |
| 19-95 | Linda Bolton, et vir v. United States | Fifth Circuit | 2019-07-18 | Denied | Response Waived | civil-rights constitutional-rights criminal-procedure due-process fifth-amendment government-misconduct grand-jury judicial-precedent perjured-testimony tax tax-prosecution | Whether tax prosecutions can be authorized by the IRS Commissioner instead of the Department of Justice |
| 19-80 | Shreveport Chapter #237 of the United Daughters of the Confederacy v. Caddo Parish Commission | Fifth Circuit | 2019-07-16 | Denied | Response Waived | 42-usc-1983 civil-rights fifth-amendment first-amendment fourteenth-amendment monument-preservation standing treaty-rights | Does the Court's ruling in The American Legion v. American Humanist Association afford the owner of a monument to have standing under 42 U.S.C. § 1983… |
| 19-5193 | Jonathan R. Burrs v. United Technologies Corporation, et al. | Fourth Circuit | 2019-07-16 | Denied | Response WaivedIFP | civil-procedure civil-rights due-process fifth-amendment fraud fraud-upon-court fraud-upon-the-court judicial-bias judicial-misconduct motion-to-dismiss procedural-obstruction seventh-amendment standing summary-judgment | Does a District Court Judge engage in a Fraud Upon The Court |
| 19-5168 | Stephenson Lamar Smith v. Ted Jackson, et al. | Eleventh Circuit | 2019-07-15 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment jurisdiction prosecutorial-misconduct standing | Whether the Double Jeopardy Clause of the Fifth Amendment protects an individual from being tried on different charges related to the same offense |
| 19-5177 | James Alvin Chaney v. United States | Sixth Circuit | 2019-07-15 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment impartial-jury inter-circuit-split juror-allegation juror-misconduct jury sixth-amendment trial-court trial-procedure | Is a criminal defendant's Fifth Amendment right of due process and Sixth Amendment right to a trial by an impartial jury violated when the trial court… |
| 19-5167 | Christian Don'tae Hood v. United States | Fourth Circuit | 2019-07-12 | Denied | Response WaivedIFP | cellular-phone co-defendant compelled-testimony compulsory-process evidence-admissibility fifth-amendment fifth-amendment-rights jury-instruction post-arrest-interview search-and-seizure self-incrimination sixth-amendment | Whether the trial court erred in admitting the appellant's post-arrest interview when the government violated his Fifth Amendment rights by forcibly u… |
| 19-5131 | Steven L. Rackley v. Brigham Sloan, Warden | Sixth Circuit | 2019-07-10 | Denied | Response WaivedIFP | actual-innocence constitutional-rights dismissal due-process fifth-amendment fourth-amendment guilty-plea habeas-corpus ineffective-assistance-of-counsel ineffective-counsel involuntary-manslaughter notice post-indictment-delay probable-cause sixth-amendment statute-of-limitations | statute-of-limitations |
| 19-5137 | Albert Duval Gray v. United States | Fourth Circuit | 2019-07-10 | Denied | Response WaivedIFP | appeals appellate-review constitutional-law constitutional-rights criminal-procedure due-process federal-law fifth-amendment revocation-sentence sentencing sixth-amendment | Whether the writ should issue so that this Court may decide whether Petitioner's revocation sentence violated the Fifth and Sixth Amendments |
| 19-5110 | Barry Bays v. United States | Fifth Circuit | 2019-07-09 | Denied | Response WaivedIFP | controlled-substance-analog controlled-substance-analogue controlled-substances criminal-procedure due-process ex-post-facto fifth-amendment fraud scienter scienter-requirement sentencing sentencing-enhancement sixth-amendment | Whether a defendant's sentence for fraud offenses that applied 21 U.S.C. § 802(32), USSG § 2B1.1(b)(1), and USSG §2D1.1 and treated Bays as a 'control… |
| 19-5114 | Jovanny Rodriguez v. United States | Second Circuit | 2019-07-09 | Denied | Response WaivedIFP | alibi due-process evidence fifth-amendment indictment indictment-variance interstate-commerce jury-finding jury-instructions sixth-amendment supreme-court-precedent trial variance | Petitioner was convicted and sentenced without having an opportunity to establish an alibi due to a variance between the indictment and evidence at tr… |
| 19-39 | Quintin Antonio Bell v. United States | Fourth Circuit | 2019-07-05 | Denied | Response Waived | 5th-amendment categorical-match criminal-procedure custody due-process fifth-amendment interrogation miranda-interrogation miranda-v-arizona officer-subjective-test police-conduct sentencing-enhancement state-court-prosecution | Whether the court of appeals correctly applied a subjective, officer-focused test to determine whether a suspect was interrogated for purposes of Mira… |
| 19-5061 | Akeem Young v. United States | Eleventh Circuit | 2019-07-03 | Denied | Response WaivedIFP | 18-usc-1951 18-usc-924 categorical-approach constitutional-law crime-of-violence criminal-conspiracy criminal-law criminal-law-procedure fifth-amendment hobbs-act statutory-interpretation | Whether the least culpable means of committing a violation under 18 U.S.C. 1951 qualify as a 'crime of violence' under 18 U.S.C. 924(c)(3)(B) |
| 19-5023 | Jason Keith Walker v. United States | Ninth Circuit | 2019-07-01 | Denied | Response WaivedIFP | brady-v-united-states brady-violation due-process fifth-amendment giglio-v-united-states ineffective-assistance ineffective-assistance-of-counsel napue-v-illinois plea-bargaining plea-negotiations prosecutorial-misconduct sentencing sixth-amendment | Whether the petitioner is entitled to a certificate of appealability |
| 19-5028 | Osvaldo Vasquez v. United States | First Circuit | 2019-07-01 | Denied | Response WaivedIFP | due-process fifth-amendment fourth-amendment fundamental-fairness gps-tracking gps-warrant sixth-amendment warrant-challenge wiretap-warrant | Whether the Petitioner was denied his fundamental constitutional rights to Due Process and Fundamental Fairness |
| 19-1 | Karen Khan v. United States | Federal Circuit | 2019-06-28 | Denied | Response Waived | 5th-amendment civil-procedure civil-rights due-process equal-protection fifth-amendment judicial-procedure plausibility-standard standing | Federal Circuit's Application of the Plausibility Standard to Weigh Evidence Against Plaintiff Conflicts With This Court's Precedent In Twombly and Iq… |
| 18-9792 | Charles Mensah v. United States | Fourth Circuit | 2019-06-27 | Denied | Response WaivedIFP | character-evidence conspiracy due-process fifth-amendment severance witness-bolstering | Does the trial court's refusal to grant a conspiracy defendant severance violate the Due Process Clause of the Fifth Amendment when the Government's c… |
| 18-9823 | Freddie Lee Morris v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-06-27 | Denied | IFP | coerced-confession criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus informant involuntary-plea manifest-injustice paid-informant procedural-grounds right-to-counsel sixth-amendment | Whether the state of Florida violated petitioner's sixth amendment right to the assistance of counsel |
| 18-9825 | Shepell Orr v. Ron Neal, Superintendent, Indiana State Prison | Seventh Circuit | 2019-06-27 | Denied | Response WaivedIFP | 14th-amendment 14th-amendment-equal-protection 4th-amendment 4th-amendment-seizure 5th-amendment 5th-amendment-due-process 6th-amendment 6th-amendment-fair-trial 8th-amendment-cruel-punishment circuit-court-conflict fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment sudden-heat | Whether the 7th Circuit Court of Appeals' decision conflicts with another circuit court decision and a state court decision, and whether the petitione… |
| 18-9828 | Dylan Magluilo v. Louisiana | Louisiana | 2019-06-27 | Denied | Response WaivedIFP | appellate-review conflicting-decisions constitutional-law due-process fair-trial fifth-amendment fourteenth-amendment judicial-proceedings judicial-review public-interest reasonable-doubt | Did Louisiana Courts err in denying Dylan Magluilo right to a fair trial and subsequent review when rejecting claims involving, Conflicting Decisions … |
| 18-9829 | Herve Wilmore, Jr. v. United States | Eleventh Circuit | 2019-06-27 | Denied | Response WaivedRelisted (2)IFP | appeal appellate-review constructive-amendment criminal-procedure due-process fifth-amendment grand-jury-clause judicial-review | Did the Court of Appeals affirm a Constructive Amendment, which requires reversal per se? |
| 18-9838 | Cedric Floyd v. Alabama | Alabama | 2019-06-27 | Denied | IFP | capital-case capital-punishment death-penalty eighth-amendment fifth-amendment remorse right-to-remain-silent | Whether the Fifth and Eighth Amendments are violated when the State argues for a death sentence based on the defendant's failure to express remorse in… |
| 18-9816 | Kabil Anton Djenasevic, aka Anton Genase, aka Kabil Genase, aka Kabil Kraja v. United States | Eleventh Circuit | 2019-06-26 | Denied | Response WaivedIFP | civil-rights conspiracy-law criminal-procedure due-process evidence false-testimony fifth-amendment fourteenth-amendment fourth-amendment judicial-notice sixth-amendment standing | Whether petitioner was denied his Fourth, Fifth, Sixth, and Fourteenth Amendment rights |
| 18-9787 | Jace Crehan v. Louisiana | Louisiana | 2019-06-25 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-jury unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9800 | Barton Joseph Adams v. United States | Fourth Circuit | 2019-06-25 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment civil-contempt civil-rights civil-rights-violations constitutional-violation due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel pre-trial-incarceration section-2255 supervisory-powers | Whether the district court and the appeal court departed from the accepted and usual course of judicial proceedings |
| 18-9773 | Arie Robert Redeker v. Dwight Neven, Warden, et al. | Ninth Circuit | 2019-06-24 | Denied | Response WaivedIFP | 5th-amendment coercion coercive-detention coercive-tactics constitutional-rights custodial-interrogation fifth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree involuntary-confession law-enforcement-tactics self-incrimination | Whether fruit of the poisonous tree doctrine applies to a custodial interrogation that has been tainted |
| 18-1562 | Lisa Fisher v. Bessie Huckabee | South Carolina | 2019-06-21 | Denied | Response Waived | civil-rights conservatorship constitutional-rights due-process elder-abuse equal-protection fifth-amendment property-rights standing standing-civil-procedure-due-process-elder-abuse-f takings will-reformation | Whether petitioner had standing to assert the due process rights of the decedent |
| 18-9737 | Laquan L. Kellam v. United States | Third Circuit | 2019-06-20 | Denied | Response WaivedIFP | constitutional-interpretation criminal-procedure eighth-amendment eighth-amendment-rights expert-witness-testimony fifth-amendment fifth-amendment-rights fourteenth-amendment fourteenth-amendment-rights fourth-amendment fourth-amendment-rights procedural-error search-and-seizure sixth-amendment sixth-amendment-rights statutory-interpretation warrantless-arrest | Did the United States Court of Appeals for the Third Circuit abuse its discretionary, broadly-based authority of interpretation, thus, violating petit… |
| 18-9717 | Kenton G. Findlay v. HSBC Bank USA, N.A., et al. | Florida | 2019-06-19 | Denied | IFP | 14th-amendment 5th-amendment civil-procedure constitutional-violation disqualification due-process fifth-amendment foreclosure fraud fraud-on-court impartiality judicial-impartiality | Whether the Florida Supreme Court and the Third District Court of Appeal of Florida violated the due process protection of the 5th and 14th Amendment … |
| 18-9698 | Ruben Perez Gomez v. California | California | 2019-06-18 | Denied | IFP | constitutional-requirement death-penalty fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-finding reasonable-doubt sentencing-standard sixth-amendment statutory-maximum statutory-maximum-punishment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact other than a prior co… |
| 18-9707 | Blair Cook v. United States | Seventh Circuit | 2019-06-18 | GVR | IFP | 2nd-amendment constitutional-rights due-process facial-challenge facial-vagueness fifth-amendment rehaif-v-united-states second-amendment standing statutory-interpretation threshold-question vagueness vagueness-doctrine | Whether § 922(g)(3) is unconstitutionally vague under the Fifth Amendment's Due Process Clause |
| 18A1328 | Richard Lewis Katzin, et al. v. United States | Federal Circuit | 2019-06-18 | Presumed Complete | fifth-amendment government-action just-compensation land-ownership property-rights taking | Whether the Government's unfounded assertions of title to private land that render it unsaleable and valueless constitute a taking of property without… | |
| 18-9686 | Bobby Bordelon v. Texas | Texas | 2019-06-17 | Denied | Response WaivedIFP | appellate-conflict constitutional-issue criminal-procedure double-jeopardy fifth-amendment habeas-corpus manifest-necessity mistrial mistrial-standard texas-courts | Whether the Fifth Amendment's double jeopardy clause bars a retrial on one pending count since manifest necessity was not shown for the grant of a mis… |
| 18-9688 | Emanuel Rivera-Martinez v. Illinois | Illinois | 2019-06-17 | Denied | IFP | civil-procedure civil-rights criminal-procedure due-process equal-protection fifth-amendment first-amendment habeas-corpus standing | Whether the petitioner's constitutional rights were violated by the state's actions |
| 18-9693 | Kevin Sheppard v. Louisiana | Louisiana | 2019-06-17 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9694 | Oliver Douce v. New York | New York | 2019-06-17 | Denied | Response WaivedIFP | 1st-amendment 4th-amendment 5th-amendment civil-rights constitutional-rights false-arrest fifth-amendment fifth-amendment-self-incrimination first-amendment-free-speech fourth-amendment fourth-amendment-search-and-seizure illegal-arrest illegal-search jurisdiction probable-cause search-and-seizure standing | Whether fingerprints obtained from John Doe appellant should have been excluded from evidence as the product of false arrest and illegal search under … |
| 18-9678 | Binika L. Hankton v. Frederick Boutte, Warden | Fifth Circuit | 2019-06-14 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process due-process,criminal-procedure,evidence,jackson-v- evidence evidence-sufficiency fifth-amendment fourth-amendment jackson-v-virginia sixth-amendment standard-of-review sufficiency-of-evidence | Is a conviction constitutionally suspect when the evidence used to convict does not meet the standards of Jackson? |
| 18-9681 | Tracey Godfrey v. United States District Court for the District of Montana | Ninth Circuit | 2019-06-14 | Denied | IFP | criminal-procedure double-jeopardy due-process fifth-amendment montana-supreme-court sentencing statutory-interpretation | Whether the Montana Supreme Court's imposition of a 10-year sentence pursuant to MCA § 46-18-502 violates the Double Jeopardy Clause |
| 18-9682 | Andre Forbes v. United States | Seventh Circuit | 2019-06-14 | Denied | Response WaivedIFP | appeals appeals-court civil-procedure constitutional-rights due-process fifth-amendment judicial-review motion-denial standing unconstitutional | Whether 'rubber stamping' defendant's motion with a order of 'Denied' by an Court of Appeals are unconstitutional when Appeals Courts have not reviewe… |
| 18-1543 | Michael A. Katz, Individually and on Behalf of All Others Similarly Situated v. Cellco Partnership, dba Verizon Wireless | Second Circuit | 2019-06-14 | Denied | Response RequestedResponse WaivedRelisted (2) | arbitration-act arbitration-stay article-iii civil-procedure consent constitutional-rights due-process federal-arbitration-act federal-courts fifth-amendment judicial-review standing voluntary-consent waiver wellness-international-network-v-sharif | Whether Federal Arbitration Act (FAA) § 3 requires the district court to stay the action after it compels arbitration of all claims and a stay is requ… |
| 18-1535 | Letica Land Company, LLC v. Anaconda-Deer Lodge County, Montana | Montana | 2019-06-12 | Denied | 5th-amendment claim-of-right due-process fifth-amendment government-liability inverse-condemnation mistaken-claim-of-right physical-invasion property-rights takings takings-clause takings-clause-5th-amendment | Whether the Montana Supreme Court erred in holding that the government can avoid Fifth Amendment liability when it continually physically invaded and … | |
| 18-9636 | Donald Furtys v. Florida | Florida | 2019-06-12 | Denied | Response WaivedIFP | 5th-amendment artificial-intelligence automated-technology criminal-conviction double-jeopardy due-process fifth-amendment video-voyeurism | Whether the Fifth Amendment Double Jeopardy Clause bars multiple convictions of video voyeurism stemming from a camera that has new automated technolo… |
| 18-9598 | James W. Guy v. Ohio | Ohio | 2019-06-11 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment free-speech jury-bias jury-selection prejudice religion religious-discrimination religious-freedom sixth-amendment | Did the trial court violate a Muslim defendant's Constitutional Rights under the First, Fifth and Fourteenth Amendments to the United States Constitut… |
| 18-9602 | Colby L. Simmons v. United States | Fourth Circuit | 2019-06-11 | Denied | Response WaivedIFP | admissibility-of-evidence criminal-procedure custodial-interrogation due-process evidence evidence-admission fifth-amendment miranda-rights miranda-v-arizona self-incrimination | Did the district court violate petitioner's Fifth Amendment right as set forth in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct 1602, 16 L. Ed. 2d 694 (19… |
| 18-9606 | Curtis Wayne Givens v. Virginia | Virginia | 2019-06-11 | Denied | IFP | 4th-amendment Arrest criminal-procedure due-process evidence-seizure Fifth-Amendment Jury-Selection motion-to-suppress probable-cause search-and-seizure standing Voir-Dire witness-examination | Whether the trial court properly overruled the Petitioner's motion to suppress evidence seized without probable cause |
| 18-9601 | Lawrence J. Strickland v. United States | Eighth Circuit | 2019-06-10 | Denied | Response WaivedIFP | armed-career-criminal criminal-procedure due-process fifth-amendment predicate-offenses prior-convictions sentencing sixth-amendment | Does it violate the Fifth Amendment Due Process Clause and the Sixth Amendment for the district court to make a finding that two 'armed career crimina… |
| 18-1522 | Doe v. United States | Ninth Circuit | 2019-06-10 | Denied | Relisted (2) | adverse-spousal-testimony adverse-testimony compelled-testimony criminal-investigation document-authentication document-compulsion document-production fifth-amendment grand-jury spousal-privilege witness-testimony | Whether a grand jury witness may invoke the privilege against adverse spousal testimony where the target of the grand jury investigation is the witnes… |
| 18-9584 | William Earl Miller v. Arizona | Arizona | 2019-06-07 | Denied | Response WaivedIFP | civil-procedure due-process fifth-amendment forfeiture fourteenth-amendment statutory-interpretation subject-matter-jurisdiction | Whether Arizona Revised Statutes, section 13-2313, violates the due process clause under the Fifth and Fourteenth Amendments |
| 18-9587 | Ilya Liviz v. Supreme Judicial Court of Massachusetts | Massachusetts | 2019-06-07 | Denied | IFP | 5th-amendment administrative-suspension attorney-discipline civil-rights constitutional-rights due-process fifth-amendment jury-trial legal-ethics professional-conduct property-rights we-the-people | Can license to practice law be suspended only on the basis of remaining silent without considering the merits of alleged violation? |
| 18A1276 | Karen Khan v. United States | Federal Circuit | 2019-06-06 | Presumed Complete | circuit-split civil-rights equal-protection fifth-amendment money-mandating sovereign-immunity | Whether a civil rights statute that broadly defines 'person' to include government agencies creates a money-mandating cause of action that waives sove… | |
| 18-9559 | Aracelis N. Ayala v. United States | Third Circuit | 2019-06-05 | Denied | Response WaivedIFP | article-iii-judges civil-rights criminal-defendants criminal-procedure district-court due-process fifth-amendment individualized-determination judicial-tenure presumption revised-organic-act shackling shackling-policy virgin-islands-court | whether a blanket policy of shackling criminal defendants without an individualized determination of need violates due process? |
| 18-9529 | Anibal Del Valle-Hiraldo v. United States | First Circuit | 2019-06-04 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment aiding-and-abetting criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining rosemond-v-united-states sixth-amendment | Whether an attorney's advice to a defendant to plead guilty to aiding and abetting the carry, use and possession of a firearm in furtherance of a crim… |
| 18-9537 | Stephen S. Henry v. United States | Fifth Circuit | 2019-06-04 | Denied | Response WaivedIFP | assistant-united-states-attorney due-process federal-district-court fifth-amendment fraud fraud-upon-court fraud-upon-the-court habeas habeas-corpus habeas-corpus-review rule-60 section-2254 section-2255 standard-of-review state-court-review | whether-fraud-on-the-court-can-be-reviewed-in-a-§-2255-habeas-proceeding |
| 18-9519 | Michael Wesley v. New York | New York | 2019-06-03 | Denied | IFP | alvarez-v-united-states constitutional-rights criminal-procedure due-process due-process-clause equal-protection fair-trial fifth-amendment fourteenth-amendment government-witness-perjury griffin-v-united-states petitioner's right to have newly-discovered-eviden sixth-amendment united-states-v-biberfeld washington-v-texas witness witness-perjury | Does a petitioner have a right to have a witness in their favor protected by the Due Process Clause and the Fifth, Sixth, and Fourteenth Amendments? |
| 18-9484 | Paris Taylor v. Illinois | Illinois | 2019-05-30 | Denied | IFP | constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment state-constitution trial-court | Whether Petitioner was denied his constitutional rights to due process of law guaranteed by the Fifth and Fourteenth Amendments of the United States C… |
| 18-9460 | Quentin Perry v. United States | Eighth Circuit | 2019-05-29 | Denied | IFP | 5th-amendment 6th-amendment armed-career-criminal-act due-process fifth-amendment jury-trial sixth-amendment statutory-interpretation vagueness | Does the judicial determination of crimes 'committed on occasions different from one another' under the Armed Career Criminal Act violate the Sixth Am… |
| 18-9463 | Michael Joseph Brooks, Jr. v. Louisiana | Louisiana | 2019-05-29 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-amendments criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict | Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-1488 | John S. Cammalleri v. Florida | Florida | 2019-05-29 | Denied | Response Waived | confession confession-involuntariness criminal-procedure due-process fifth-amendment fourteenth-amendment involuntary involuntary-confession law-enforcement leniency | Whether a 'specific' and 'direct' promise of leniency by a law enforcement official renders a defendant's confession involuntary pursuant to the Fifth… |
| 18-1491 | Kaitlyn Nguyen v. United States | Ninth Circuit | 2019-05-29 | Denied | Response Waived | 5th-amendment constitutional-rights criminal-procedure due-process evidence evidence-admissibility evidence-admission fifth-amendment inflammatory-evidence medical-clinic patient-deaths prejudicial-evidence prosecutorial-misconduct | Whether petitioner's right to due process of law under the 5th Amendment, U.S. Constitution was violated by the prosecution's introduction of highly i… |
| 18-9419 | Mario Laron Waiters v. United States | Fourth Circuit | 2019-05-24 | Denied | Response WaivedIFP | 1st-amendment 4th-amendment 5th-amendment 6th-amendment constitutional-rights due-process equal-protection fifth-amendment first-amendment fourth-amendment | Whether the Virginia Statute 19.2-72 violates due-process, equal-protection, 1st-amendment, 4th-amendment, 5th-amendment, 6th-amendment |
| 18-9389 | Antonia Shields v. Juda Klein | Second Circuit | 2019-05-23 | Denied | Relisted (2)IFP | civil-action civil-rights constitutional-review court-fees due-process fees-and-costs fifth-amendment in-forma-pauperis judicial-access standing unconstitutional | Is 28 U.S.C. § 1915 unconstitutional, discriminatory, based on a person's ability to pay fees and costs and/or to give security for fees and costs for… |
| 18-9384 | In Re Freya Pearson | 2019-05-22 | Denied | Response WaivedIFP | administrative-law appellate-procedure civil-procedure civil-rights due-process equal-protection fifth-amendment fourteenth-amendment habeas-corpus ineffective-counsel legal-standards mandamus pro-se standing takings writ-of-relief | Whether the petitioner was denied due process and equal protection under the Fifth and Fourteenth Amendments when the district court dismissed her hab… | |
| 18-9358 | Robert Joe Long v. Florida | Florida | 2019-05-20 | Denied | IFP | civil-rights due-process execution-witness fifth-amendment fifth-amendment-due-process first-amendment first-amendment-free-speech fourteenth-amendment fourteenth-amendment-equal-protection religious-freedom sixth-amendment sixth-amendment-right-to-counsel | Whether the Florida Department of Correction's restrictions on Mr. Long's execution witness and refusing to allow him to have a non-clergyman as his s… |
| 18A1199 | Gregory Waddell Hayes v. United States | Fourth Circuit | 2019-05-20 | Presumed Complete | constitutional-protection criminal-conviction double-jeopardy federal-statute fifth-amendment supervised-release | Whether the Double Jeopardy Clause prohibits revoking supervised release based on conduct for which a defendant has already been criminally convicted … | |
| 18-9308 | Clarence Scranage, Jr. v. United States | Fourth Circuit | 2019-05-17 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment 6th-amendment constitutional-rights counsel-waiver criminal-procedure due-process fifth-amendment pro-se pro-se-representation right-to-counsel self-representation sixth-amendment | Whether Petitioner waived his Fifth and Sixth Amendment Rights |
| 18-9287 | Carole L. Scheib v. James Rozberil | Pennsylvania | 2019-05-16 | Dismissed | IFP | appellate-review civil-rights constitutional-rights due-process ex-parte federal-question fifth-amendment foreclosure property-law real-property statute-of-limitations | Whether an appellate court must apply established state rules and laws pertaining to real-property, statute-of-limitations, due-process, but continue … |
| 18-9258 | Bernard Roosevelt Shaw v. United States | Sixth Circuit | 2019-05-14 | Denied | Response WaivedRelisted (2)IFP | carjacking crime-of-violence criminal-law double-jeopardy due-process fifth-amendment sentencing statutory-interpretation vagueness vagueness-challenge | Whether the lower court(s) erred in its interpretation as to the 'vagueness challenge' of Section §924(c)(3)(B), and the meaning as to what is conside… |
| 18-1429 | Stahl York Ave. Co., LLC v. City of New York, New York, et al. | New York | 2019-05-14 | Denied | Amici (2)Response Waived | administrative-agency administrative-law due-process fact-findings fifth-amendment independent-judicial-fact-finding independent-judicial-factfinding judicial-review just-compensation property-rights takings-clause | Whether a property owner suing an administrative agency for violating the Takings Clause of the Fifth Amendment is entitled to develop the facts suppo… |
| 18-1417 | Yankton County, South Dakota v. United States | Federal Circuit | 2019-05-13 | Denied | Response Waived | accrual-suspension accrual-suspension-rule fifth-amendment fifth-amendment-taking government-action gradual-physical-process inverse-condemnation property-rights stabilization-doctrine takings takings-clause united-states-v-dickinson | When a taking arises from a gradual physical process, may the claimant postpone filing suit until the situation stabilizes? |
| 18-9220 | Earl C. Handfield, II v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. | Third Circuit | 2019-05-10 | Denied | IFP | 5th-amendment civil-rights constitutional-provisions due-process fifth-amendment grand-jury immunity legitimate-source self-incrimination use-immunity witness witness-rights | Who or what is a 'legitimate source' under use immunity? |
| 18-9169 | Andre McDaniels v. United States | Fifth Circuit | 2019-05-09 | Denied | Response WaivedIFP | 2255 6th-amendment appeal appeals certificate-of-appealability civil-rights court-reporter due-process fifth-amendment judicial-review jurisdiction pro-se-litigant sixth-amendment standing transcripts | Does a pro-se petitioner forfeit his constitutional rights when denied opportunity to have merits heard? |
| 18-1410 | James A. Jackson v. Thomas Lawson | Sixth Circuit | 2019-05-09 | Denied | constitutional-rights due-process fifth-amendment fourteenth-amendment fourth-amendment miranda-rights miranda-v-arizona self-incrimination sixth-circuit united-states-v-hale unlawful-detention | Whether the United States Court of Appeals for the Sixth Circuit may condition enforcement of a citizen's right against unlawful detention guaranteed … | |
| 18-1404 | Dorsey Eugene Wallace v. Gary Edward Wallace, et al. | Georgia | 2019-05-08 | Denied | 5th-amendment corporate-stock court-of-appeals due-process fifth-amendment georgia-court-of-appeals judicial-review judicial-taking property-rights standard-for-judicial-taking stock-ownership stop-the-beach takings takings-clause well-established-property-right | Judicial taking of petitioner's stock ownership in Wallace Electric Company | |
| 18-9200 | Andrew Cox v. United States | Third Circuit | 2019-05-08 | Denied | Response WaivedIFP | change-of-venue civil-procedure civil-rights docket-manipulation due-process fifth-amendment fraud judicial-misconduct malicious-prosecution obstruction-of-justice standing | Does the Fifth Amendment demand immediate correction of a fraudulently manipulated district court docket (arrest post-dated 35 days) used to per se ma… |
| 18-9177 | Robert Murphy v. Ron Neal, Superintendent, Indiana State Prison | Seventh Circuit | 2019-05-07 | Denied | Response WaivedIFP | brady-violation cell-phones criminal-procedure digital-evidence due-process fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel miranda-rights privacy search-and-seizure sixth-amendment | Whether the government's warrantless search of a person's cell phone violates the Fourth Amendment's protection against unreasonable searches and seiz… |
| 18-9183 | Zachary Wayne Jones v. United States | Ninth Circuit | 2019-05-07 | Denied | Response WaivedIFP | categorical-approach civil-procedure due-process federal-law federal-prosecution fifth-amendment generic-federal-standard predicate-offense state-statute | Is it a violation of Due Process under the Fifth Amendment for the federal government to utilize a state statute in the prosecution of a federal law a… |
| 18-9147 | Donald G. Flint v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-05-06 | Denied | Relisted (2)IFP | 5th-amendment 6th-amendment boykin-admonishments constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-precedent sixth-amendment supreme-court-precedent | Was the federal district court's finding and the Fifth Circuit Court's finding contrary to the precedent of the Supreme Court, as well as a violation … |
| 18-1396 | Dereck Pelletier v. Wendy Kelley, Director, Arkansas Department of Correction, et al. | Arkansas | 2019-05-06 | Denied | Response Waived | criminal-law double-jeopardy double-jeopardy-clause due-process fifth-amendment fourteenth-amendment multiplicity retroactivity statutory-construction statutory-interpretation unit-of-prosecution | Whether a state supreme court can overcome a defendant's multiplicity challenge under the Double Jeopardy Clause of the Fifth Amendment by classifying… |
| 18-9067 | Sharma Ross v. Christopher Miller, Superintendent, Great Meadow Correctional Facility | Second Circuit | 2019-05-03 | Denied | IFP | civil-rights criminal-procedure due-process fifth-amendment fourteenth-amendment sixth-amendment standing | Was petitioner denied his due process rights as enumerated under the Fifth, Sixth and Fourteenth Amendments? |
| 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… |
| 18-9097 | Freddie L. Morris v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-05-03 | Denied | Response WaivedIFP | coerced-confession criminal-investigation fifth-amendment fourteenth-amendment habeas-corpus informant involuntary-plea jail-cell right-to-counsel sixth-amendment | Whether the state of Florida violated petitioner's sixth amendment right to the assistance of counsel |
| 18-9114 | Nolan George v. Noah Nagy, Warden | Sixth Circuit | 2019-05-03 | Denied | Response WaivedIFP | constitutional-commitment contract-law due-process equal-protection fifth-amendment fourteenth-amendment legal-promise plea-bargaining prosecutorial-discretion statute-of-limitations | Is it a violation of the Fifth and Fourteenth Amendments to ignore, alter or reinterpret commitments not to charge or prosecute individuals over time? |
| 18-9088 | Charles W. Gray v. Indiana | Indiana | 2019-05-02 | Denied | IFP | appellate-counsel constitutional-rights due-process fifth-amendment fourteenth-amendment indiana-constitution ineffective-assistance ineffective-assistance-of-counsel sixth-amendment | Whether the State of Indiana has erred whether Petitioner received ineffective assistance of counsel |
| 18-9094 | Marty J. Hebert v. Louisiana | Fifth Circuit | 2019-05-02 | Denied | Response WaivedIFP | autopsy-findings autopsy-testimony constitutional-error criminal-procedure discovery due-process exculpatory-evidence expert-witness fifth-amendment grand-jury grand-jury-testimony prosecutorial-misconduct second-degree-murder sixth-amendment | Has the State of Louisiana committed Constitutional Error in its refusal to Order production of Dr. Laga's grand jury testimony to petitioner? |
| 18-1377 | Kwame Gyamfi v. R. Alexander Acosta, Secretary of Labor, et al. | Eleventh Circuit | 2019-05-02 | Denied | Response Waived | 5th-amendment administrative-remedies civil-procedure civil-rights constitutional-rights due-process federal-courts fifth-amendment judicial-procedure standing trojan-servers | Whether the use of 'Trojan Servers' by federal courts to manage cases violates the petitioner's due process rights under the Fifth Amendment |
| 18-1378 | Michael Ledet v. Louisiana Department of Public Safety and Corrections | Louisiana | 2019-05-02 | Denied | Response Waived | age-element categorical-approach circumstance-specific-approach constitutional-comparison due-process federal-state-comparison fifth-amendment fourteenth-amendment modified-categorical-approach sex-offender-registration sorna | Whether the constitutional due process requirements that apply to a federal agency or federal court comparing the elements of state and federal offens… |
| 18-1368 | San Diego Gas & Electric Company v. California Public Utilities Commission | California | 2019-05-01 | Denied | Amici (6)Response RequestedResponse WaivedRelisted (2) | 14th-amendment 5th-amendment due-process fifth-amendment fourteenth-amendment inverse-condemnation just-compensation public-utility ratepayers strict-liability takings takings-clause | Whether it is an uncompensated taking for public use in violation of the Fifth and Fourteenth Amendments for a State to impose strict liability for in… |
| 18-9055 | Ronald Ray Horner v. United States | Ninth Circuit | 2019-05-01 | Denied | Response WaivedIFP | civil-rights constitutional-protections constitutional-rights criminal-procedure due-process extra-territorial-jurisdiction extraterritorial-jurisdiction fifth-amendment international-law sovereign-territory supreme-court-precedent | Does the fact that the Appellant was arrested and questioned in Canada immunize the United States Attorney from following the Constitution of the Unit… |
| 18-9030 | Juan Reyes Rivera v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-04-29 | Denied | IFP | confrontation-rights constructive-amendment due-process fifth-amendment grand-jury grand-jury-clause indictment ineffective-assistance | Did trial counsel render ineffective assistance for failure to quash or dismiss Constructive, Amended Indictment, amended by the court on third day af… |
| 18-9013 | Michael P. Crenshaw v. Illinois | Illinois | 2019-04-26 | Denied | IFP | 14th-amendment 5th-amendment coerced-confession constitutional-claim due-process fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance judicial-review miranda-rights procedural-bar statute-of-limitations substantive-evidence | Whether the use of a coerced confession as substantive evidence at trial violates due process rights under the Fifth and Fourteenth Amendments |
| 18-8983 | Patrick Edwards v. United States | Seventh Circuit | 2019-04-24 | Denied | Response WaivedIFP | criminal-law criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process eighth-amendment fifth-amendment retroactivity sentencing statutory-interpretation | Whether the Double Jeopardy Clause of the Fifth Amendment prohibits the imposition of a sentence for a specific offense that is greater than the maxim… |
| 18-8952 | Boris Murphy v. United States | Fourth Circuit | 2019-04-23 | Denied | Response WaivedIFP | 2255-motion 6th-amendment conflict-of-interest deficient-performance direct-appeal due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment | Did the Fourth Circuit review the District Court's error in denying petitioner's 28 U.S.C. 2255 claim de novo that was based on conflict of interest a… |
| 18-8915 | Jonathan Zepeda v. United States | Ninth Circuit | 2019-04-19 | Denied | Response WaivedIFP | 18-usc-3006a appellate-waiver criminal-procedure criminal-procedure-appeal due-process fifth-amendment independent-counsel judicial-manipulation sentencing sixth-amendment standing waiver | Whether an individual's challenge to the constitutionality of his sentence and case proceedings in a criminal prosecution on bases outside the limited… |
| 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? |
| 18-8866 | Winston Grey Brakeall v. Robert Dooley, Warden | Eighth Circuit | 2019-04-17 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment civil-rights constitutional-violation due-process fifth-amendment fifth-amendment-rights fourteenth-amendment fourteenth-amendment-rights parole parole-conditions polygraph polygraph-examination polygraph-examinations self-incrimination sex-offenders | Whether compelled self-incrimination through the use of polygraph examinations as a requirement of parole violates parolees' Fifth and Fourteenth Amen… |
| 18-8854 | Steve Zinnel v. United States | Ninth Circuit | 2019-04-16 | Denied | Response WaivedIFP | bankruptcy-fraud bankruptcy-schedules constructive-amendment due-process fifth-amendment fourteenth-amendment judicial-fact-finding sentencing-guidelines sixth-amendment stirone-v-united-states wamu-personal-checking-account | Whether there was an unconstitutional constructive amendment or prejudicial variance |
| 18-8823 | Omer Al Obaidy v. Kevin K. McAleenan, Acting Secretary of Homeland Security, et al. | Eighth Circuit | 2019-04-15 | Denied | Response WaivedIFP | 10th-amendment 4th-amendment 5th-amendment 6th-amendment civil-rights due-process false-arrest fifth-amendment fourth-amendment immigration immigration-removal self-incrimination sixth-amendment tenth-amendment unlawful-seizure | Whether a long-term legal resident with no criminal record who was removed from the U.S. based on falsified records has due process rights |
| 18-8753 | Carl Devon Powell v. California | California | 2019-04-10 | Denied | IFP | aggravating-circumstances constitutional-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-fact-finding mitigating-circumstances reasonable-doubt sixth-amendment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior c… |
| 18-8776 | Tam Le v. Louisiana | Louisiana | 2019-04-10 | Denied | Response RequestedResponse WaivedRelisted (5)IFP | constitutional-rights daubert-standard due-process expert-testimony fair-trial fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel non-unanimous-jury sixth-amendment | Whether Mr. Le was convicted by a non-unanimous jury in violation of his rights under the Fifth, Sixth, and Fourteenth Amendments |
| 18-1283 | Joseph Montano v. Texas | Fifth Circuit | 2019-04-10 | Denied | Response Waived | consent consent-requirement cross-examination double-jeopardy fifth-amendment fifth-amendment-privilege judicial-discretion mistrial oregon-v-kennedy plain-error united-states-v-olano | Whether the underlying reason for a sua sponte declaration of mistrial was plain error that overrides the consent requirement of Oregon v. Kennedy, an… |
| 18-8750 | Alex A. Campbell v. United States District Court for the Northern District of Illinois | Seventh Circuit | 2019-04-09 | Denied | Response WaivedIFP | 28-usc-144-455 conflict-of-interest constitutional-violation due-process ex-parte-communication fifth-amendment ineffective-assistance judicial-ethics judicial-misconduct pro-se recusal | Must a judge recuse himself after improper ex parte communication? |
| 18-8762 | Jason Curtis Brown v. United States | Sixth Circuit | 2019-04-09 | Denied | Response WaivedIFP | 6th-amendment constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment indictment remand standing superceding-indictment superseding-indictment | Whether Brown's Fifth Amendment right to double jeopardy, due process and the expressed terms of the 6th Cir. Court of Appeals limited remand order we… |
| 18-8697 | Frederick H. Banks v. Pennymac Holdings, LLC, fka Pennymac Mortgage Investment Trust Holdings I, LLC | Pennsylvania | 2019-04-04 | Denied | IFP | civil-procedure document-submission due-process electronic-filing fifth-amendment immigration institutional-barriers judicial-access land-use pacer prisoner-litigation privacy privacy-policy property-rights regulatory-takings social-security takings | Whether the Takings Clause of the Fifth Amendment prohibits the government from requiring a property owner to provide a public easement as a condition… |
| 18-8699 | Marckenson Chery v. United States | Eleventh Circuit | 2019-04-04 | Denied | Response WaivedIFP | 18-usc-2422b criminal-offense criminal-offense-element double-jeopardy fifth-amendment indictment sixth-amendment statutory-interpretation | Whether an indictment for violation of 18 U.S.C. § 2422(b) must identify the ''criminal offense'' element in order to meet the required nature of the … |
| 18-8702 | Vernon Carter v. Mark S. Inch, Secretary, Florida Department of Corrections | Florida | 2019-04-04 | Denied | IFP | fifth-amendment fourth-amendment habeas-corpus illegal-traffic-stop ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress sixth-amendment | Whether the Florida Supreme Court erred in affirming the denial of Carter's petition for writ of habeas corpus, where Carter raised sufficient allegat… |
| 18-8652 | Ammar Asimfaruq Harris v. Nevada | Nevada | 2019-04-01 | Denied | IFP | 5th-amendment capital-case constitutional-error due-process fair-trial fifth-amendment fourteenth-amendment harmless-error jury sixth-amendment | Whether Mr. Harris' rights under the Fifth, Sixth and Fourteenth amendments to a fair trial by jury were violated |
| 18-8660 | Tyree Mansell v. United States | Third Circuit | 2019-04-01 | Denied | Response WaivedIFP | acquitted-conduct due-process fifth-amendment jury-trial jury-trial-right sentencing sentencing-guidelines sixth-amendment | Whether the use of acquitted conduct to increase Mr. Mansell's Sentencing guideline range violated his Fifth Amendment right to due process and his Si… |
| 18-8623 | Justin Cole Milam v. United States | Fourth Circuit | 2019-03-29 | Denied | Response WaivedIFP | appeal-waiver constitutional-review criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing standard-of-review | Are appeal waivers in federal criminal plea agreements unconstitutional? |
| 18-8624 | Bruce Elliott Miller v. Alabama | Eleventh Circuit | 2019-03-29 | Denied | Response WaivedIFP | actual-innocence aedpa-procedural-bar constitutional-deficiency due-process fifth-amendment habeas-corpus indictment ineffective-assistance ineffective-assistance-of-counsel statute-of-limitations strickland-standard strickland-test | Whether trial counsel's failure to make a timely objection or file a pretrial motion to dismiss a fatally flawed indictment can validate a 'constituti… |
| 18-8627 | Frank Martinez v. United States | Ninth Circuit | 2019-03-29 | Denied | Response WaivedIFP | disclosure fifth-amendment gardner-v-florida probation sentencing confidential-recommendation disclosure due-process fifth-amendment gardner-v-florida probation probation-officer sentencing | Whether the sentencing court's failure to disclose the 'Confidential Recommendation' of the Probation Officer regarding the Petitioner's sentence viol… |
| 18-1254 | Jeremiah L. King v. United States | Armed Forces | 2019-03-28 | Denied | Response Waived | child-pornography criminal-conviction criminal-procedure due-process evidentiary-facts fifth-amendment permissive-inference search-terms sufficiency-of-evidence | Whether the Court of Appeals relied upon permissive inferences that violated the Due Process Clause of the Fifth Amendment in finding Petitioner's con… |
| 18-1250 | Corey Lea v. Sonny Perdue, Secretary of Agriculture | Sixth Circuit | 2019-03-27 | Denied | Response Waived | administrative-law administrative-procedures-act agricultural-law civil-rights discrimination due-process equal-protection equal-protection-clause exhaustion-requirements fifth-amendment foreclosure moratorium-relief usda | Denial of formal hearing for Black and socially disadvantaged farmers on discrimination complaints |
| 18-8581 | Robert Nicholas Brooks v. United States | Fifth Circuit | 2019-03-27 | Denied | Response WaivedIFP | bank-fraud commerce-clause constitutional-rights due-process fifth-amendment grand-jury grand-jury-indictment sixth-amendment subject-matter-jurisdiction tax-fraud venue wire-fraud | Whether the District and Appellate Courts violated Petitioner's Constitutional rights |
| 18-8577 | Gerald W. Long v. Illinois | Illinois | 2019-03-26 | Denied | Response WaivedIFP | constitutional-rights due-process evidence evidence-admission fifth-amendment fourteenth-amendment impartial-jury sixth-amendment trial trial-procedure | Did the Trial Court violate Gerald Long's Fifth and Fourteenth Amendment right to Due Process and Sixth Amendment right to a trial by an impartial jur… |
| 18-1241 | Demetrius Jackson v. Ohio | Ohio | 2019-03-25 | Denied | child-protective-services criminal-procedure fifth-amendment police-interrogation right-to-counsel self-incrimination sixth-amendment | Whether interrogations by state-employed child protective services caseworkers violate the Fifth and Sixth Amendments, where the caseworkers are requi… | |
| 18-8526 | Marcel Henderson v. United States | First Circuit | 2019-03-22 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment circuit-court-split criminal-procedure dixon-standard due-process fifth-amendment imminent-threat justification-defense sixth-amendment | Were the petitioner's Fifth and Sixth Amendment rights violated by the ambiguity of the Dixon standard as applied regarding what constitutes a 'well-f… |
| 18-8534 | Gino Carlucci v. United States | Ninth Circuit | 2019-03-22 | Denied | Response WaivedIFP | certificate-of-appealability collateral-review criminal-procedure-retroactivity fifth-amendment ineffective-assistance-of-counsel marital-communications-privilege mccoy-v-louisiana ninth-circuit retroactive-application retroactivity | Did the Ninth Circuit Court of Appeals err by failing to issue a C.0.A. to determine if McCoy v. Louisiana applies retroactively to cases on collatera… |
| 18-8459 | Wayne A. Bisso v. Florida | Florida | 2019-03-19 | Denied | Response WaivedIFP | 14th-amendment blockburger-test common-law-marriage double-jeopardy due-process due-process-clause estate-inheritance fifth-amendment fourteenth-amendment grand-theft property-rights | Whether the Due Process Clause of the Fourteenth Amendment protects a surviving spouse, who is factually and actually innocent, from being convicted a… |
| 18-8460 | Antonio Avilez v. Massachusetts | Massachusetts | 2019-03-19 | Denied | Response WaivedIFP | 5th-amendment civil-rights constitutional-law constitutional-violation criminal-conviction criminal-procedure due-process federal-jurisdiction fifth-amendment kidnapping petitioner-rights | Whether the Petitioner's conviction for kidnapping violated the Fifth Amendment to the United States Constitution? |
| 18-1207 | In Re Twelve Grand Jury Subpoenas | Ninth Circuit | 2019-03-18 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (3) | 5th-amendment act-of-production-privilege business-entities business-records closely-held-businesses closely-held-corporations closely-held-entities corporate-privilege fifth-amendment limited-liability-companies self-incrimination subchapter-s-corporations subpoena-duces-tecum | Should Braswell v. United States be limited or overturned? |
| 18-1186 | Anthony Johnson v. Edward Winstead, et al. | Seventh Circuit | 2019-03-13 | Denied | Relisted (2) | 5th-amendment civil-rights constitutional-claim criminal-procedure criminal-proceedings due-process fifth-amendment heck-v-humphrey inculpatory-statement section-1983 statute-of-limitations unconstitutional-evidence unconstitutional-statement | Whether the statute of limitations for a Section 1983 claim based on the use of an unconstitutional inculpatory statement begins to run when criminal … |
| 18-8396 | Mary Jo Weidrick v. Donald J. Trump, President of the United States | District of Columbia | 2019-03-12 | Denied | Response WaivedIFP | 5th-amendment 5th-amendment-right-to-counsel 6th-amendment 6th-amendment-right-to-counsel adversarial-process civil-rights constitutional-violation counsel criminal-procedure due-process fifth-amendment investigation right-to-counsel sixth-amendment standing terrorism terrorism-investigation | Whether Petitioner's Fifth and Sixth Amendment rights to counsel are violated |
| 18-8403 | Sergio Caballero v. United States | Ninth Circuit | 2019-03-12 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process evidence evidence-exclusion fifth-amendment habeas-corpus third-party-culpability | Whether the district court violated Petitioner's Fifth Amendment rights by failing to allow evidence of third-party culpability |
| 18-1168 | Carolyn J. Florimonte v. Borough of Dalton, Pennsylvania | Third Circuit | 2019-03-08 | Denied | civil-procedure continuing-trespass due-process equal-protection equal-protection-14th-amendment fifth-amendment fourteenth-amendment fraud fraud-upon-court fraud-upon-the-court just-compensation land-taking res-judicata standing takings unconstitutional-government-taking | When the lower federal courts abandon the imperatives of the Fifth Amendment to provide just compensation and the Fourteenth Amendment to provide equa… | |
| 18-1152 | Elaine Steele, et al. v. Sylvester McCauley, et al. | Michigan | 2019-03-06 | Denied | breach-of-contract civil-procedure civil-rights constitutional-rights due-process estate-law fifth-amendment fourteenth-amendment judicial-bias probate probate-court property-rights | Arbitrary and biased probate court proceedings violating due process | |
| 18-1149 | George A. Gallenthin, III v. Borough of Paulsboro, et al. | New Jersey | 2019-03-05 | Denied | 14th-amendment 5th-amendment civil-rights due-process eminent-domain Fifth-Amendment Fourteenth-Amendment just-compensation procedural-due-process property property-rights state-action takings | Uncompensated takings of private property without procedural due process | |
| 18-8289 | Kwame Asafo-Adjei v. Maryland | Maryland | 2019-03-05 | Denied | Response WaivedIFP | due-process equal-protection fifth-amendment fourteenth-amendment judicial-procedure mandatory-disclosure maryland-rule-4-342(d) maryland-rules plea-bargain plea-bargaining sentencing void-sentence | Is the failure of the Maryland Court of Appeals to enforce the Maryland Rule 4-342(d) a denial of a citizen's equal protection right under the Fourtee… |
| 18-8183 | Gregory Frank Sperow v. United States | Ninth Circuit | 2019-03-01 | Denied | Response WaivedIFP | appeal-waiver civil-procedure due-process fifth-amendment fundamental-fairness government-breach government-misconduct plea-agreement property-rights rule-11 waiver waiver-provision | Whether the government can breach a Rule 11(c)(1)(c) plea agreement concerning the return of seized properties and then rely on the agreement's waiver… |
| 18-8210 | Mahogany Taquilla Alexander v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2019-03-01 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment amendment-violation constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-discretion | Did trial court abuse discretion by considering nolle prossed charge in sentencing, violating 5th and 14th Amendment rights |
| 18-8224 | Antonio Dickerson, aka Girbaud v. United States | Ninth Circuit | 2019-03-01 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | child-pornography constitutional-challenge fifth-amendment first-amendment mandatory-minimum mens-rea strict-liability | Whether the child pornography offense set forth in 18 U.S.C. § 2251(a) should be interpreted as including at least a recklessly mens rea element regar… |
| 18-8230 | Montgomery Carl Akers v. United States | Tenth Circuit | 2019-03-01 | Denied | Response WaivedIFP | civil-procedure constitutional-rights counsel-of-choice court-procedure due-process fifth-amendment jurisdiction legal-obstruction record standing | Does petitioner/appellant/defendant have a constitutional right under the Fifth Amendment due process clause to have his case heard by the district co… |
| 18-8172 | Corinthian Bostic v. United States | Eleventh Circuit | 2019-02-28 | Denied | Response WaivedIFP | attorney-withdrawal conflict-of-interest due-process fifth-amendment indigent indigent-defendant ineffective-assistance motion-to-withdraw pre-trial-hearing pre-trial-motion right-to-appeal | Did the pre-trial judge abuse its discretion by denying Bostic's appointed attorney's motion to withdraw where Bostic and his trial counsel had a conf… |
| 18-8173 | Ruben R. Herrera v. Brandon Price | Ninth Circuit | 2019-02-28 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment arbitrary-and-capricious civil-rights collateral-estoppel double-jeopardy due-process fifth-amendment fourteenth-amendment plea-agreement pre-trial-detention | Whether petitioner's pre-trial detention violates his Fifth and Fourteenth Amendment rights against double jeopardy and due process |
| 18-8174 | Jack D. Hall v. United States District Court for the Eastern District of Michigan | Sixth Circuit | 2019-02-28 | Dismissed | IFP | brady-violation cheney-v-u.s.district-court due-process equal-protection federal-habeas-corpus fifth-amendment first-amendment fourteenth-amendment habeas-corpus magistrate-judge townsend-v-sain writ-of-mandamus written-order | Should federal habeas corpus rule 8(a) require a written order from a federal district court judge when not appointing a magistrate judge to oversee a… |
| 18-8147 | Jerry Allen Horn v. Kansas | Kansas | 2019-02-27 | Denied | Response WaivedIFP | constitutional-rights county-of-riverside-v-mclaughlin due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment gerstein-hearing investigative-delay res-judicata sixth-amendment state-habeas-corpus supremacy-clause warrantless-arrest | Question not identified |
| 18-8128 | Cynthia E. Collie v. South Carolina Commission on Lawyer Conduct | South Carolina | 2019-02-26 | Denied | Relisted (2)IFP | civil-procedure civil-rights due-process fifth-amendment first-amendment fourteenth-amendment free-speech frivolous-proceedings seventh-amendment standing statutory-interpretation | Whether the lower court erred in dismissing petitioner's claims for violation of their First Amendment rights |
| 18-1115 | Ronald DeCoster v. Waushara County Highway Department, et al. | Seventh Circuit | 2019-02-26 | Denied | Response Waived | 42-usc-1983 attorney-fees civil-procedure civil-rights claim-preclusion due-process fair-notice federal-funding fifth-amendment inverse-condemnation res-judicata takings uniform-relocation-assistance ura | Whether petitioner's claims under the URA, the Fifth Amendment, and 42 U.S.C. §1983 are barred by claim preclusion and res judicata despite lack of no… |
| 18-8120 | Jerry Lynn Lofton v. Mississippi | Mississippi | 2019-02-25 | Denied | Response WaivedIFP | criminal-procedure criminal-trial defendant-rights due-process fifth-amendment jury-instruction jury-instructions prosecutorial-comment prosecutorial-misconduct right-to-silence self-incrimination testimonial-privilege | Whether a prosecutor who this Court has held may not comment to a jury concerning a defendant's failure to testify in a criminal trial may submit his … |
| 18-8075 | Godwin Oriakhi v. United States | Fifth Circuit | 2019-02-22 | Denied | Response WaivedIFP | appellate-procedure double-jeopardy fifth-amendment ineffective-assistance-of-counsel lafler-v-cooper plain-error plain-error-review plea-bargaining pro-se-filing strickland-v-washington | Whether Lafler v. Cooper is violated when trial counsel advises a defendant to enter a guilty plea to an indictment that, on its face, violates the Fi… |
| 18-8108 | Michael Bush v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2019-02-22 | Denied | IFP | 14th-amendment 5th-amendment constitutional-rights due-process evidentiary-hearing fifth-amendment fourteenth-amendment post-conviction-hearing postconviction postconviction-hearing trial-transcript | Did the failure of the State of Florida to provide Mr. Bush with a complete copy of his trial transcript to be used in a postconviction evidentary hea… |
| 18-8077 | Donald Glenn Estes v. Renee Baker, Warden, et al. | Ninth Circuit | 2019-02-21 | Denied | Response WaivedIFP | competency-hearing criminal-procedure due-process fifth-amendment fourteenth-amendment involuntary-confinement mental-competency mental-health-confinement prosecutorial-evidence right-to-remain-silent wainwright-v-greenfield | Whether this Court's Decisions in Wainwright v. Greenfield, 474 U.S. 284 (1996), and Buchanan v. Kentucky, 483 U.S. 402 (1987), Allow a Prosecutor to … |
| 18-8081 | Jared King v. Karen Creed, et al. | Second Circuit | 2019-02-21 | Denied | Response WaivedIFP | 28-usc-1915 appeal appellate-procedure civil-procedure civil-rights coppedge-v-united-states due-process fifth-amendment in-forma-pauperis notice-of-hearing standing summary-judgment | Whether the panel violated plaintiff's right to due process |
| 18-7960 | Andracos Marshall v. United States | Fourth Circuit | 2019-02-14 | Denied | Response WaivedIFP | constitutional-rights criminal-forfeiture due-process fifth-amendment fourteenth-amendment honeycutt-v-united-states luis-v-united-states pretrial-restraint pretrial-seizure right-to-counsel sixth-amendment substitute-assets | Whether the Government's pretrial criminal forfeiture and seizure of petitioner's untainted substitute assets under 853 has been invalidated based on … |
| 18-7975 | William Krisstofer Wolf v. United States | Ninth Circuit | 2019-02-14 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights due-process evidentiary-hearing fifth-amendment ineffective-assistance ineffective-assistance-of-counsel perjury perjury-subornation prosecutorial-misconduct sixth-amendment | Whether the Ninth Circuit's decision now conflicts with this court's long standing rulings on the known and willing use of perjury of material fact, t… |
| 18-1064 | In Re Octavious DeMont Williams | 2019-02-13 | Denied | 21-usc-841 burden-of-proof constitutional-due-process constitutional-rights controlled-substance criminal-procedure due-process elements-of-crime fifth-amendment judicial-misconduct jury jury-finding jury-trial | Octavious Demont Williams petitioned for a writ of habeas corpus, arguing that his constitutional due process was violated when he was deprived of the… | ||
| 18-7878 | John Timothy Cannon, aka Mr. JT v. United States | Fourth Circuit | 2019-02-11 | Denied | Response WaivedIFP | conspiracy criminal-law due-process fifth-amendment fourth-circuit jurisprudence | Whether the interpretation of conspiracy in the Fourth circuit is overbroad, violating the Due Process Clause of the Fifth Amendment departing from th… |
| 18-7881 | Zonta Tavarus Ellison v. United States | Fourth Circuit | 2019-02-11 | Denied | Response WaivedIFP | alford-plea compulsory-process due-process fair-notice fifth-amendment motion-to-reopen-time rehearing-en-banc right-to-counsel rule-4(a)(6) sixth-amendment writ-of-certiorari | Did the appeals court infringe upon petitioner's Fifth Amendment due-process rights |
| 18-7802 | Michael Hopson v. United States | Fourth Circuit | 2019-02-07 | Denied | Response WaivedIFP | aid-of-racketeering attempted-murder constitutional-claims criminal-intent criminal-procedure due-process fifth-amendment fourteenth-amendment fourth-circuit insufficient-evidence murder pattern-of-racketeering racketeering-conspiracy | Whether the evidence was insufficient to convict the petitioner of racketeering conspiracy and murder/attempted murder in aid of racketeering |
| 18-7829 | Joe Homer Mark v. Amy Rabeau | Ninth Circuit | 2019-02-07 | Denied | Response WaivedIFP | appeal appellate-review civil-procedure counsel-performance custodial-interrogation district-court fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-error miranda-warning procedural-default self-incrimination standing | Whether Petitioner Joe Mark's Fifth Amendment Rights were violated |
| 18-7834 | Brent William Bogseth v. Michigan | Michigan | 2019-02-07 | Denied | IFP | 14th-amendment 5th-amendment closing-argument constitutional-rights criminal-procedure deliberation due-process evidence fair-trial fifth-amendment murder premeditation prosecutorial-misconduct self-incrimination | Whether the lack of evidence to show the defendant actually committed the offense of murder means premeditation and deliberation cannot exist, or if t… |
| 18-7839 | Eric Mario Byers v. E. K. White, Warden | Fourth Circuit | 2019-02-07 | Denied | Response WaivedIFP | administrative-law appeals-court case-dismissal civil-rights district-court due-process equal-protection fifth-amendment jurisdiction standing statutory-interpretation | Question not identified. |
| 18-7846 | Reginald Hough v. United States | Sixth Circuit | 2019-02-07 | Denied | Response WaivedIFP | 4th-amendment confrontation-clause evidence expert-testimony fifth-amendment lay-witness police-procedure probable-cause search-warrant totality-of-circumstances | Was there probable cause for the search warrant? |
| 18-7767 | Joshua Sanchez v. Texas | Texas | 2019-02-05 | Denied | IFP | constitutional-interpretation court-of-appeals due-process fifth-amendment fourteenth-amendment mandatory-minimum mandatory-minimum-sentence supreme-court-precedent supreme-court-precedents texas-court-of-appeals | Whether the interpretation of the Due Process Clause of the Fifth and Fourteenth Amendments by the Texas Court of Appeals is in conflict with preceden… |
| 18-7734 | Joe Willie Cannon v. Iowa District Court, Des Moines County | Iowa | 2019-02-04 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment | Did the State of Iowa violate the petitioner's 5th, 6th, & 14th Amendment confrontation and due process rights to be present during a critical stage o… |
| 18-7702 | George Reese v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility | Seventh Circuit | 2019-02-01 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment constitutional-violations due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct vouching | Whether the prosecutor committed misconduct |
| 18-7716 | Jesse Ingram, Jr. v. United States | Eleventh Circuit | 2019-02-01 | Denied | Response WaivedIFP | 3553(a)-factors 5th-amendment appeal appellate-counsel constitutional-violation criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel retroactive-review retroactivity sentencing sentencing-guidelines statutory-interpretation | Is it a Fifth Amendment violation when Petitioners are sentenced to a higher guideline sentence when 18 U.S.C. statute 3553(A) warrants a below guidel… |
| 18-7695 | Leroy O. Williams v. Robert Wilkie, Secretary of Veterans Affairs | Federal Circuit | 2019-01-31 | Denied | Response WaivedRelisted (2)IFP | administrative-law administrative-review civil-procedure clear-and-unmistakable-error clear-unmistakable-error constitutional-law constitutional-protection due-process fifth-amendment veterans veterans-rights | Whether the Due Process Clause of the Fifth Amendment protects veterans seeking review of allegations for Clear and Unmistakable Error? |
| 18-7669 | Bertulio Moreno-Alvarez v. United States | Fifth Circuit | 2019-01-30 | Denied | Response WaivedIFP | 2nd-amendment 5th-amendment criminal-law criminal-procedure due-process equal-protection fifth-amendment firearms second-amendment standing statutory-interpretation | Whether a conviction under 18 U.S.C. § 922(g)(5) violates the Second and Fifth Amendments? |
| 18-7591 | Kofi Kyei v. Tessica L. Swift, et al. | Oregon | 2019-01-28 | Denied | Response WaivedRelisted (2)IFP | 14th-amendment 5th-amendment civil-procedure civil-rights constitutional-provisions due-process due-process,civil-procedure,turner-v-rogers,state- fifth-amendment fourteenth-amendment state-statutes state-support-statute turner-v-rogers | Do state support statutes like the Oregon Statute (ORS) at Chapter 416.440 (8) contravene the 2011 United States Supreme Court rulings in Turner v. Ro… |
| 18-7582 | Ralph Nicholas Canete v. Chuck Keeton, Warden | Ninth Circuit | 2019-01-25 | Denied | IFP | compulsory-process constitutional-rights criminal-procedure due-process evidence fair-trial fifth-amendment fourteenth-amendment material-evidence sixth-amendment | Whether the destruction of material evidence by the government violates the right to due process |
| 18-7495 | Willie E. Boyd v. Francisco J. Quintana, Warden | Sixth Circuit | 2019-01-18 | Denied | Response WaivedIFP | even though the federal prisoner has demonstrated under Brady and shows new evidence that undermine 28-usc-2241 28-usc-2255 actual-innocence brady-claim brady-rule constitutional-rights due-process federal-prisoner fifth-amendment habeas-corpus statutory-interpretation | Whether the decision of the Sixth Circuit is in conflict with United States v. Hayman, 342 U.S. 205 (1952) |
| 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… | |
| 18-7457 | Charles Edward Case v. California | California | 2019-01-16 | Denied | IFP | capital-punishment constitutional-amendment criminal-sentencing death-penalty fifth-amendment fourteenth-amendment jury jury-finding reasonable-doubt sixth-amendment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con… |
| 18-7466 | Glenn Bennett, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-01-16 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights criminal-defense criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions sixth-amendment | Whether the erroneous jury instruction given in Mr. Bennett's case negated his only defense and relieved the State of the burden of proving all elemen… |
| 18-7400 | Damion Sleugh v. United States | Ninth Circuit | 2019-01-14 | Denied | Response WaivedIFP | appellate-review co-defendant-testimony criminal-procedure discovery due-process evidence fifth-amendment first-amendment impeachment impeachment-evidence witness-credibility | Whether the need for sealing a co-defendant's subpoena applications ends once the co-defendant changes his plea and testifies for the Government at tr… |
| 18-902 | Paul Poupart v. Timothy Hooper, Warden | Fifth Circuit | 2019-01-11 | Denied | Response Waived | antiterrorism-act antiterrorism-and-effective-death-penalty-act clearly-established-federal-law custodial-interrogation federal-review fifth-amendment fifth-circuit habeas-corpus miranda-rights unreasonable-application | Whether a habeas corpus application should be granted when a state court decision was contrary to or involved an unreasonable application of clearly e… |
| 18-7305 | William Hilts v. United States | Second Circuit | 2019-01-09 | Denied | Response WaivedIFP | constitutional-rights criminal-indictment criminal-procedure due-process fifth-amendment grand-jury hearsay hearsay-testimony indictment witness-testimony | Whether a criminal defendant's right to be prosecuted on an indictment voted by a Grand Jury under the Fifth Amendment is violated when the Grand Jury… |
| 18-7318 | Jesus Gomez v. California | California | 2019-01-09 | Denied | IFP | burglary criminal-procedure due-process evidence evidence-admission fair-trial fifth-amendment fourteenth-amendment uncharged-burglaries | Whether admission of evidence of uncharged burglaries violated petitioner's rights to a fair trial and due process |
| 18-7328 | Anthony Sheely, et ux. v. Bank of America, N.A., et al. | Eleventh Circuit | 2019-01-09 | Denied | IFP | affidavit civil-procedure compensation costs court-access declaration due-process fifth-amendment financial-hardship in-forma-pauperis judicial-procedure legal-filing poverty poverty-exemption private-property regulatory-burden takings | Whether the Takings Clause of the Fifth Amendment requires compensation when the government imposes a regulatory burden on private property that does … |
| 18-7330 | Michael Anthony Garrett v. United States | Eighth Circuit | 2019-01-09 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure defense-theory due-process evidence fifth-amendment jury-instructions right-to-present-defense sixth-amendment trial-evidence | Whether a defendant's constitutional right to present a defense encompasses the right to have the jury instructed on a theory of defense that constitu… |
| 18-7339 | Earl Reyes v. Michael Duggan, et al. | District of Columbia | 2019-01-09 | Denied | Response WaivedIFP | access-to-courts appointment-of-counsel civil-rights constitutional-amendments court-access due-process equal-protection fifth-amendment first-amendment fourteenth-amendment intentional-discrimination judicial-discretion seventh-amendment | Whether the alleged facts that Defendant Duggan intentionally discriminated against Reyes (suspect class) states a claim for violation of the First, F… |
| 18-876 | Cynthia N. Almond, et al. v. Singing River Health System, et al. | Fifth Circuit | 2019-01-08 | Denied | Response Waived | civil-procedure class-action class-certification constitutional-rights due-process fifth-amendment fourteenth-amendment monetary-claims opt-out property-rights rule-23 | Whether the District Court erred in certifying the class under Rule 23 on the grounds that Petitioners have a constitutional due process right to opt-… |
| 18-7250 | Diane S. Jones v. Samson Resources Corporation, et al. | Third Circuit | 2019-01-07 | Denied | Response WaivedIFP | bankruptcy bankruptcy-proceedings civil-rights constitutional-violation due-process fifth-amendment fourteenth-amendment indigenous-landowner indigenous-rights property-rights standing takings | Whether Petitioner has standing to challenge Respondents' business practices |
| 18-7227 | Antonio Ledon Jones v. United States | Eleventh Circuit | 2019-01-04 | Denied | Response WaivedIFP | 18-usc-3553 18-usc-3553a 18-usc-3553a6 due-process eleventh-circuit fifth-amendment judicial-review sentencing sentencing-disparities unwarranted-sentence-disparities | Whether the Eleventh Circuit decided the opinion below based on inaccurate information and thereby betrayed the due process guarantees of the Fifth Am… |
| 18-839 | Pablo Colon v. Illinois | Illinois | 2019-01-03 | Denied | Response Waived | constitutional-rights criminal-procedure custodial-interrogation due-process fifth-amendment miranda miranda-rights police-procedure right-to-silence self-incrimination | Whether the Fifth Amendment's Miranda guarantee requires police to inform a custodial suspect of his right to stop questioning at any time? |
| 18-7215 | Salih Zeki Uces v. United States | Eleventh Circuit | 2019-01-02 | Denied | Response WaivedIFP | constructive-amendment criminal-procedure due-process fifth-amendment indictment-amendment international-kidnapping international-parental-kidnapping jury-instructions mens-rea parental-rights | Whether the Eleventh Circuit violated Mr. Uces's rights under the Fifth Amendment |
| 18-821 | David Keith Wills v. United States | Fifth Circuit | 2018-12-28 | Denied | Relisted (2) | constitutional-law criminal-procedure double-jeopardy dual-sovereignty fifth-amendment gamble-v-united-states supreme-court | Whether the Court should overrule the dual sovereignty exception to the Fifth Amendment Double Jeopardy Clause |
| 18-809 | Curtis T. Lovelace v. Illinois | Illinois | 2018-12-26 | Denied | Amici (4)Response RequestedResponse WaivedRelisted (2) | acquittal bail-bond bail-bond-forfeiture clerk-of-courts due-process due-process,excessive-fines,equal-protection,bail- equal-protection excessive-fines fifth-amendment fourteenth-amendment | Whether charging a person who was tried and acquitted a $35,000 bail bond forfeiture, not related to individualized costs or compliance with bail bond… |
| 18-7155 | Alfredo Provencio v. Joe Lizarraga, Warden | Ninth Circuit | 2018-12-20 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment aedpa custodial-interrogation due-process fifth-amendment habeas-corpus miranda-rights sixth-amendment | Whether defendant's incriminating statements and body language should be excluded as custodial interrogation without Miranda advisement |
| 18-786 | Glenn Blair v. Angela McClinton, et al. | Texas | 2018-12-20 | Denied | child-support civil-procedure civil-rights due-process fifth-amendment fourteenth-amendment jurisdiction plenary-powers standing subject-matter subject-matter-jurisdiction | Whether Title IV-D Agency Court had jurisdiction over my daughter and I when they issued a child support order | |
| 18-7101 | John Samuel Ghobrial v. California | California | 2018-12-19 | Denied | IFP | capital-punishment constitutional-rights criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact that serves to increa… |
| 18-7107 | Naeem-Lateef Odums v. United States | Fourth Circuit | 2018-12-19 | Denied | Response WaivedIFP | 5th-amendment-due-process,6th-amendment-right-to-c 5th-amendment-due-process,sentencing-discretion,me 6th-amendment attorney-client-privilege criminal-procedure due-process effective-assistance-of-counsel fifth-amendment ineffective-assistance-of-counsel intentional-deception mental-health-evaluation sentencing sixth-amendment | Does it violate the 6th Amendment right to effective-assistance-of-counsel when a defendant's lawyer intentionally-deception |
| 18-7111 | Johnny Joe Guerra v. United States | Fifth Circuit | 2018-12-19 | Denied | Response WaivedIFP | 28-usc-1291 constitutional-procedure court-of-appeals district-court due-process federal-constitution fifth-amendment fifth-circuit injustice jurisdictional-review mandate-recall unadjudicated-claims | Whether the Fifth Circuit erred when it did not recall the mandate in order to prevent an injustice relative to two unadjudicated claims in the distri… |
| 18-765 | James H. Brady v. New York, et al. | New York | 2018-12-17 | Denied | Response Waived | civil-procedure civil-rights discretionary-action due-process fifth-amendment fourteenth-amendment immunity legal-fees obstruction-of-justice property-rights prosecutorial-immunity prosecutorial-misconduct quid-pro-quo sanctions standing takings | Did the Appellate Division, First Department err in finding Respondents immune pursuant to Imbler v. Pachtman, 424 U.S. 409 (1976)? |
| 18-7047 | Anthony Casanova v. Michigan | Michigan | 2018-12-14 | Denied | IFP | criminal-procedure custodial-confession custodial-interrogation due-process fifth-amendment interrogation involuntary-confession miranda-rights self-incrimination | Did the trial court's admission of Anthony Casanova's custodial confession deprive him of his Fifth Amendment right against compelled self-incriminati… |
| 18-7025 | Tyree Marquez Burt v. California | California | 2018-12-13 | Denied | IFP | coercion due-process fair-trial fifth-amendment fourteenth-amendment hung-jury judicial-instruction jury-coercion jury-instructions trial-procedure | Was the trial court's admonition to a deadlocked jury coercive, implicating the petitioner's due process rights to a fair trial? |
| 18-7005 | Denis Aviles Salguero v. United States | Ninth Circuit | 2018-12-12 | Denied | Response WaivedIFP | appellate-review child-pornography constitutional-law criminal-law criminal-procedure double-jeopardy fifth-amendment sentencing | Whether Petitioner's convictions for receipt and possession of child pornography violated the Double Jeopardy Clause of the Fifth Amendment |
| 18-739 | Trevor Wallace v. Tennessee | Tennessee | 2018-12-10 | Denied | Response Waived | appellate-review case-revival constitutional-compliance dismissal-with-prejudice double-jeopardy due-process fifth-amendment judicial-discretion jury jury-trial lee-v-us res-judicata | May a state appellate court revive a case that was dismissed with prejudice after a jury was sworn? |
| 18-6923 | Donatos Sarras v. Unknown Party | Ninth Circuit | 2018-12-07 | Denied | Response WaivedIFP | 28-usc-2241 28-usc-2244 28-usc-2255 actual-innocence constitutional-rights due-process fifth-amendment habeas-corpus second-motion suspension-clause | Whether pro se petitioner's rights under the Suspension Clause and the Fifth Amendment (Due Process) were impeded or impinged and he may proceed with … |
| 18-731 | Stefany Vega Duron, a Minor, et al. v. Ron Johnson, et al. | Fifth Circuit | 2018-12-07 | Denied | Response Waived | administrative-remedy constitutional-rights fifth-amendment first-amendment iirira immigration immigration-law judicial-review selective-prosecution | Is there an administrative remedy in the immigration courts to decide American citizens' claims of a violation of their First and Fifth Amendment cons… |
| 18-6925 | Warren Tarver v. Florida | Florida | 2018-12-06 | Denied | Response WaivedIFP | capital-felony detention due-process equal-protection fifth-amendment fourteenth-amendment noncapital-offense pro-se-claim | Whether it is a violation of due process under the Fourteenth Amendment for a person to be detained for an offense that is legislatively designated a … |
| 18-6916 | Troy Lincoln Powell v. California | California | 2018-12-04 | Denied | IFP | constitutional-rights criminal-sentencing death-penalty due-process eighth-amendment fifth-amendment fourteenth-amendment mental-illness sixth-amendment | Does the imposition of the death penalty on a severely mentally ill defendant violate the Fifth, Sixth, Eighth and Fourteenth Amendments? |
| 18-6896 | Jeffrey S. Wingate v. United States | Sixth Circuit | 2018-12-03 | Denied | Response WaivedIFP | due-process fifth-amendment grand-jury ineffective-assistance ineffective-assistance-of-counsel presentment presentment-clause sentence-enhancement sentencing strickland strickland-standard uncharged-conduct | Does a substantially greater sentence imposed based primarily on a count for which a grand jury refused to indict and which did not appear in a supers… |
| 18-6873 | Angela Armenta v. United States | Seventh Circuit | 2018-11-29 | Denied | Response WaivedIFP | 5th-amendment-6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fifth-amendment jury reasonable-doubt sentencing sixth-amendment | Is the absence of evidence probative evidence of proof beyond a reasonable doubt? |
| 18-6840 | John H. Rosky v. Renee Baker, Warden, et al. | Nevada | 2018-11-28 | Denied | IFP | appellate-procedure constitutional-law criminal-procedure due-process economic-wipeout equal-protection fifth-amendment habeas-corpus property-rights standing takings-clause | Whether the Takings Clause of the Fifth Amendment protects the petitioner's property rights against the government's actions that result in a complete… |
| 18-698 | Clement Reynolds v. Maryland | Maryland | 2018-11-28 | Denied | Response Waived | 5th-amendment constitutional-rights due-process fifth-amendment impeachment miranda miranda-rights police-interrogation police-misconduct self-incrimination | Was Petitioner denied Due Process and protections against self-incrimination? |
| 18-6836 | Carlos Dagoberto Rivas v. Sherman Spearman, Warden | Ninth Circuit | 2018-11-27 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment interrogation interrogation-waiver miranda miranda-rights self-incrimination waiver | Does the State meet its burdens of showing that it clearly informed a criminal defendant of his Miranda rights and that a defendant validly waived the… |
| 18-6800 | Robert Ryan Powell v. United States | Ninth Circuit | 2018-11-26 | Denied | Response WaivedIFP | constructive-amendment double-jeopardy fifth-amendment grand-jury indictment jury-instructions jury-unanimity plain-error sixth-amendment statute-of-limitations | Where jury instructions lack the dates and timeframes specified in the indictment, do the jury instructions constructively amend the indictment, and t… |
| 18-6824 | Martavious Detrel Banks Keys v. United States | Fifth Circuit | 2018-11-26 | Denied | Response WaivedIFP | 349 U.S. 81 (1955) on double-jeopardy bell-v-united-states congressional-intent criminal-procedure double-jeopardy fifth-amendment law-enforcement mens-rea multiple-punishments single-statute testimony | Whether the Fifth Circuit violated this Court's holding in Bell v. United States, 349 U.S. 81 (1955), that there must be a showing of congressional in… |
| 18-683 | Bradley Christopher Stark v. United States | Eleventh Circuit | 2018-11-26 | Denied | Response WaivedRelisted (2) | 5th-amendment burden-of-proof civil-procedure due-process federal-rules-of-civil-procedure fifth-amendment motion-to-dismiss notice-pleading sovereign-immunity | Whether a plaintiff possesses a burden to do more than allege an unequivocal waiver of sovereign immunity on a motion to dismiss raising a defense of … |
| 18-659 | Mostafa Masomi v. Mehrandokht Madadi | First Circuit | 2018-11-21 | Denied | Relisted (2) | alimony civil-procedure civil-rights divorce divorce-law due-process fifth-amendment human-rights procedural-due-process religious-divorce | Whether the Fifth Amendment is violated when a judge denies a hearing or a trial in a civil (divorce) case, and as a result the petitioner was forced … |
| 18-6784 | In Re Samuel Rivera | 2018-11-21 | Denied | Relisted (2)IFP | civil-rights constitutional-amendments constitutional-violation criminal-procedure due-process eighth-amendment federal-jurisdiction fifth-amendment habeas-corpus jurisdictional-rules standing | whether-court-judges-uphold-constitution | |
| 18-6683 | Cody Sakoman v. California | California | 2018-11-14 | Denied | Response WaivedIFP | constitutional-rights due-process fair-trial fifth-amendment fourteenth-amendment judicial-procedure jury jury-deliberation readback sixth-amendment witness-testimony | Whether a defendant was denied his rights to a fair trial and to due process of law under the Fifth, Sixth and Fourteenth Amendments |
| 18-6654 | In Re Gary Ray Debolt | 2018-11-13 | Denied | Relisted (2)IFP | brady-v-maryland civil-rights conviction criminal-procedure due-process evidence fifth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct | Is it in violation of the fifth Amendment and Brady v. Maryland to convict a person with the use of false and manipulated evidence? | |
| 18-6676 | Herve Wilmore, Jr. v. United States | Eleventh Circuit | 2018-11-13 | Denied | Response WaivedRelisted (2)IFP | constructive-amendment criminal-procedure due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment wire-fraud | Whether Mr. Wilmore's right to be tried on charges accepted by a grand jury, and Mr. Wilmore's right to effective assistance of counsel, were violated… |
| 18-604 | Lorina G. Delfierro v. Pensco Trust Company, fbo Jeffrey D. Hermann | Ninth Circuit | 2018-11-08 | Denied | Response Waived | article-iii-standing beneficiary custodial-arrangement custodian due-process fifth-amendment promissory-note self-directed-ira standing standing-article-iii,self-directed-ira,custodian-b | Whether a self-directed IRA custodian has standing to litigate over an IRA asset without joining the beneficiary |
| 18-6592 | Andres Pavon v. Julie L. Jones, Secretary, Florida Department of Corrections | Eleventh Circuit | 2018-11-07 | Denied | IFP | 5th-amendment appeal appeals castro-v-united-states criminal-procedure due-process eleventh-circuit fifth-amendment habeas-corpus lee-v-us padilla-v-kentucky sentencing standing | Were this Petitioner's Fifth Amendment rights according to the United States Constitution violated by the United States Court of Appeal for the Eleven… |
| 18-6583 | Dionysius Fiumano v. United States | Second Circuit | 2018-11-06 | Denied | Response WaivedIFP | 18-usc-1343 criminal-law due-process due-process-notice federal-communications-commission fifth-amendment fraud johnson-v-united-states sentencing-guidelines skilling-v-united-states statutory-interpretation vagueness vagueness-doctrine welch-v-united-states | Does the undefined element 'scheme to defraud' in 18 U.S.C. § 1343 satisfy Fifth Amendment due process notice requirements? |
| 18-6584 | Larry Flenoid v. United States | Eighth Circuit | 2018-11-06 | Denied | Response WaivedIFP | civil-procedure due-process eighth-circuit eighth-circuit-court-of-appeals federal-rules-of-civil-procedure fifth-amendment habeas-corpus procedural-irregularity second-or-successive section-2255 supervisory-powers | Whether the supervisory powers of the United States Supreme Court will be asserted to correct the Eighth Circuit Court of Appeals summarily affirming … |
| 18-6552 | Thomas A. Woods v. Massachusetts | Massachusetts | 2018-11-02 | Denied | Response WaivedIFP | compelled-testimony constitutional-rights due-process fifth-amendment fourteenth-amendment grand-jury self-incrimination self-incrimination-protection | Do the Fifth and Fourteenth Amendments prohibit the government from introducing evidence of a defendant's grand jury testimony which was taken when th… |
| 18-6536 | Lewis Waters v. Charles L. Lockett, Warden | District of Columbia | 2018-11-01 | Denied | Response WaivedIFP | appellate-jurisdiction constitutional-safeguard court-of-appeals criminal-procedure due-process fifth-amendment grand-jury habeas-corpus jurisdiction unindicted-crime | Where the Fifth Amendment guarantees that no person shall be held to answer for a crime unless upon presentment of a Grand Jury's indictment, does the… |
| 18-564 | Rosemary L. Decosimo v. Tennessee | Tennessee | 2018-10-31 | Denied | Response Waived | civil-rights constitutional-rights criminal-procedure due-process fair-trial fifth-amendment forensic-science fourteenth-amendment impartiality law-enforcement sixth-amendment standing | Whether the right to a fair trial and due process were violated by a Tennessee law awarding the state forensic lab $250 per conviction-related test |
| 18-568 | Bart H. Rippl v. United States | Sixth Circuit | 2018-10-31 | Denied | Response Waived | 5th-amendment administrative-law civil-procedure constitutional-law due-process fifth-amendment internal-revenue-code statutory-interpretation substantive-regulations | Does the Fifth Amendment's due process of law guarantee apply to the specific language set forth in the Internal Revenue Code and other laws, and in s… |
| 18-6527 | Jedediah C. v. West Virginia | West Virginia | 2018-10-31 | Denied | IFP | double-jeopardy due-process eighth-amendment equal-protection fifth-amendment fourteenth-amendment home-incarceration pre-trial time-served west-virginia | Has the Petitioner's Fifth, Eighth and Fourteenth Amendment Constitutional Rights been violated when the Courts of West Virginia refused to grant cred… |
| 18-6481 | Jeremy Fontanez v. Joseph Coakley, Warden | Fourth Circuit | 2018-10-29 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 28-usc-2241 bureau-of-prisons circuit-split criminal-sentencing due-process due-process-clause fifth-amendment inmate-financial-responsibility-program mandatory-victims-restitution-act restitution restitution-order voluntary | Does the sentencing court violate the Mandatory Victims Restitution Act (MVRA) when it delegates its restitution payments to the BOP? |
| 18-6462 | Juan Carlos Mendez v. California | California | 2018-10-26 | Denied | Response WaivedIFP | criminal-procedure cross-examination due-process fifth-amendment fourteenth-amendment prosecutorial-misconduct sixth-amendment | Whether the prosecution's use of 'were they lying' questions and argument to secure a criminal conviction constitutes prosecutorial misconduct and vio… |
| 18-6428 | Roberto Gonzalez Delacruz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-10-25 | Denied | IFP | brady-violation certificate-of-appealability due-process due-process,habeas,materiality,scientific-evidence fifth-amendment fifth-circuit-review habeas habeas-corpus habeas-corpus-review materiality materiality-of-evidence materiality-standard prosecutorial-misconduct standard-of-review supreme-court-precedent | Whether the United States Court of Appeals for the Fifth Circuit incorrectly denied a certificate of appealability |
| 18-6432 | Patrick Killen, Jr. v. United States | Eleventh Circuit | 2018-10-25 | Denied | Response WaivedIFP | confession confession-voluntariness consent-to-search due-process fifth-amendment fourth-amendment interrogation interrogation-circumstances involuntary law-enforcement-tactics totality-of-the-circumstances young-adult | Whether Due Process allows federal agents to obtain a confession and a consent to search from an immature, young adult that has been startled awake by… |
| 18-532 | Sixty-01 Association of Apartment Owners v. Penny D. Goudelock | Ninth Circuit | 2018-10-23 | Denied | Amici (1)Response Waived | assessment-discharge bankruptcy-code bankruptcy-code-discharge chapter-13 chapter-13-bankruptcy community-association community-association-assessments due-process due-process-clause federalism fifth-amendment property-ownership ripeness-doctrine takings takings-clause | Does the Bankruptcy Code discharge community association assessments that accrue after the filing of a Chapter 13 bankruptcy even if the debtor retain… |
| 18-6399 | Marcos Perez-Trevino v. United States | Eighth Circuit | 2018-10-23 | Denied | Response WaivedIFP | berger-v-united-states circuit-split closed-container closed-containers conspiracy drug-conspiracy due-process fifth-amendment fifth-amendment-due-process florida-v-wells fourth-amendment fourth-amendment-search-and-seizure indictment inventory-search law-enforcement-policy material-variance probable-cause shared-interest Whether a material variance exists where the gover written-policy | Whether the officer conducted a valid inventory search of a closed container without a written policy governing such searches |
| 18-471 | Jay Sandon Cooper v. Bank of New York Mellon, Trustee, et al. | Fifth Circuit | 2018-10-12 | Denied | Response Waived | civil-procedure due-process fifth-amendment in-forma-pauperis property-foreclosure property-rights res-judicata standing statute-of-limitations | Is Cooper's appeal taken in good faith, arguable on its merits, and therefore, not frivolous? |
| 18-6303 | Jeffrey Joseph Pendleton v. United States | Eighth Circuit | 2018-10-12 | Denied | Response WaivedIFP | 5th-amendment armed-career-criminal-act circuit-split criminal-law due-process federal-criminal-law fifth-amendment force-clause sentencing statutory-interpretation void-for-vagueness | Is the Force Clause of the Armed Career Criminal Act (ACCA) invalid under the Fifth Amendment void-for-vagueness doctrine? |
| 18-6304 | Alex Lenard McCoy v. United States | Fourth Circuit | 2018-10-12 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment article-iii confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment plea-agreement plea-bargaining rule-11 self-incrimination sixth-amendment speedy-trial | Whether the Defendant's rights under Article III, Section 2, Fifth Amendment, Sixth Amendment were violated when the Defendant is induced to enter a p… |
| 18-456 | Michael J. Persico v. United States | Second Circuit | 2018-10-11 | Denied | Response Waived | apprendi due-process fifth-amendment judicial-discretion jury-trial plea-agreement plea-bargaining sentencing sixth-amendment substantive-reasonableness | Whether Petitioner's sentence, which would have been deemed substantively unreasonable in the absence of the district court's factual findings, violat… |
| 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… |
| 18-6283 | Brent Douglas Cole v. United States | Ninth Circuit | 2018-10-10 | Denied | Response WaivedIFP | constitutional-safeguards fifth-amendment grand-jury individual-rights liberty prosecutorial-interference prosecutorial-misconduct separation-of-powers structural-error structural-protections | Whether the indictment in this case should have been dismissed because the structural protections of the grand jury designed to safeguard individual r… |
| 18-6262 | Richard Penunuri v. California | California | 2018-10-09 | Denied | IFP | constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment | Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to… |
| 18-6193 | Kenneth A. White v. United States | Sixth Circuit | 2018-10-03 | Denied | Response WaivedIFP | certificate-of-appealability district-court due-process fifth-amendment habeas-corpus jurisdiction sixth-circuit | Did the District Court err in failing to grant Mr. White a Certificate of Appealability on his Fifth Amendment argument? |
| 18-6197 | Juan Francisco Medina Ortiz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-10-03 | Denied | Response WaivedIFP | constitutional-protections due-process exhaustion fair-trial fifth-amendment fourteenth-amendment habeas-corpus labeling state-courts | Whether a claim made in the habeus corpus petition that is substantially the same and invokes the same constitutional protections, but labeled differe… |
| 18-409 | Lewis Y. Liu v. Paul Ryan, et al. | Second Circuit | 2018-10-02 | Denied | Response Waived | civil-rights comity-clause congress constitutional-standing due-process electoral-college equal-protection equal-voting-right equal-voting-rights fifth-amendment first-amendment fourteenth-amendment judicial-review standing voting-rights | Whether the Electoral College clause (1787) has violated the Comity clause (1787) and three subsequent amendments, the First (1789), the Fifth (1789) … |
| 18-6148 | Atul Nanda v. United States | Fifth Circuit | 2018-10-01 | Denied | Response WaivedIFP | Brady-Doctrine brady-rule brady-v-maryland confrontation-clause due-process fifth-amendment Giglio-Doctrine giglio-rule giglio-v-united-states new-trial plea-agreement Plea-Agreements plea-bargaining sixth-amendment witness-testimony | Are the defendants' constitutional rights under the sixth and fifth amendments violated when the government fails to fully disclose plea agreement ter… |
| 18-401 | Faye Rennell Hobson v. James Mattis, Secretary of Defense | Sixth Circuit | 2018-09-28 | Denied | Response WaivedRelisted (2) | bias civil-rights constitutional-rights due-process due-process-violation evidence fifth-amendment judicial-bias legal-standard pro-se pro-se-litigant united-states-constitution | What is the level of bias that must be demonstrated before it constitutes a violation of a pro se litigant's right to due process guaranteed by the Fi… |
| 18-6093 | Brian Tate v. Maryland | Maryland | 2018-09-26 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights developmental-capacity diminished-capacity due-process fifth-amendment fourteenth-amendment guilty-plea juvenile-defendant juvenile-justice maryland-rule-4-242(c) mental-illness | Whether the Due Process Clause requires a state court to conduct an inquiry on the record into the effects of a juvenile defendant's age, mental healt… |
| 18-6065 | In Re Eric M. Richardson | 2018-09-24 | Dismissed | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure due-process fifth-amendment grand-jury habeas-corpus judicial-procedure pro-se-petition sentencing standing | Whether the petitioner's conviction and sentence violated his Fifth Amendment right to be tried only on an offense made out in a presentment or indict… | |
| 18-6034 | In Re Gregory Wayne Burwell | 2018-09-19 | Denied | Response WaivedIFP | criminal-procedure federal-grand-jury federal-rules-of-criminal-procedure fifth-amendment firearm-offenses forged-indictment grand-jury indictment-validity non-existent-crimes non-existent-offenses sentencing subject-matter-jurisdiction | Whether the District Court and Fourth Circuit Court of Appeal's had subject matter jurisdiction over the criminal case | |
| 18-6044 | Richard James Beasley v. Ohio | Ohio | 2018-09-19 | Denied | IFP | appellate-review attorney-general due-process familial-conflict fifth-amendment fourteenth-amendment judicial-ethics recusal structural-error williams-v-pennsylvania | Does the right to due process require a finding of structural error where one member of the reviewing court is the son of the elected attorney general… |
| 18-343 | Raiden J. Andrews v. United States | Armed Forces | 2018-09-18 | Denied | Response Waived | appellate-review chapman-v-california constitutional-error constitutional-provision-involved constitutional-rights due-process fifth-amendment harmless-error harmless-error-standard military-justice military-justice-system prosecutorial-misconduct | Whether the lower court erred in failing to apply the harmless error standard to the prosecution's improper arguments |
| 18-6001 | Demario Carman v. Georgia | Georgia | 2018-09-18 | Denied | Response WaivedIFP | civil-rights constitutional-rights double-jeopardy due-process fifth-amendment manifest-necessity mistrial-exception reasonableness trial-court trial-court-discretion | Whether the protection against Double Jeopardy contained in the Fifth Amendment is an empty promise |
| 18-6018 | In Re Gary Ivan Terry | 2018-09-18 | Dismissed | Response WaivedIFP | actual-bias all-writs-act bias due-process fifth-amendment fourth-circuit judicial-bias mandamus recusal-statute separation-of-powers writ-of-mandamus | Whether the federal recusal statute was violated when a panel of judges on the United States Court of Appeals for the Fourth Circuit denied the motion… | |
| 18-5977 | Syed K. Rafi v. Yale University School of Medicine, et al. | Second Circuit | 2018-09-17 | Denied | Response WaivedRelisted (2)IFP | civil-rights constitutional-restraints due-process fifth-amendment fourteenth-amendment spending-clause state-action state-actor | If Government Requires or Induces A Private Party to Engage in Law Enforcement, All Relevant Constitutional Restraints Do Apply? |
| 18-6008 | Anibal Pagan-Romero v. United States | First Circuit | 2018-09-17 | Denied | Response WaivedIFP | criminal-trial dictionary dictionary-use due-process fifth-amendment first-circuit jury jury-instructions presumption-of-prejudice remmer-presumption remmer-v-united-states | Whether the Petitioner was denied due process of law where the District Court, over the objection of Defendant provided the jury with a dictionary whi… |
| 18-5996 | Gene Lemay Barris v. United States | Eighth Circuit | 2018-09-14 | Denied | Response WaivedIFP | appeal criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment habeas-corpus ineffective-assistance-of-counsel sentencing unreasonable-sentence | Whether the sentencing court erred in imposing an unreasonable sentence on the defendant in violation of the Eighth Amendment's prohibition on cruel a… |
| 18-324 | Douglas Leone, et ux., as Trustees Under That Certain Unrecorded Leone-Perkins Family Trust Dated August 26, 1999, as Amended v. Maui County, Hawaii, et al. | Hawaii | 2018-09-13 | Denied | Amici (3) | 14th-amendment 5th-amendment economic-benefit economically-beneficial-use fifth-amendment fourteenth-amendment investment-use just-compensation land-use lucas-v-south-carolina-coastal-council natural-state property-rights regulatory-taking regulatory-takings takings-clause | Whether holding undeveloped property as an 'investment' or using it as a 'park' in its natural state constitutes economically beneficial or productive… |
| 18-5966 | Joseph Faulkner v. United States | Seventh Circuit | 2018-09-13 | Denied | Response WaivedIFP | criminal-prosecution double-jeopardy fifth-amendment law-of-case-doctrine law-of-the-case prosecution sentencing sentencing-enhancement uncharged-conduct witte-v-united-states | Whether the use of uncharged conduct to increase a sentence means the conduct was used to punish, and a subsequent prosecution for the same conduct sh… |
| 18-5972 | Assane Faye v. United States | Third Circuit | 2018-09-13 | Denied | Response WaivedIFP | burden-of-proof fifth-amendment indictment jury-instruction jury-instructions non-statutory-element prosecutorial-discretion sufficiency-of-evidence trial-procedure | Does the government heighten its burden of proof at trial by adding a non-statutory element to the indictment, pursuing its case to include that extra… |
| 18-5979 | Malik Derry v. United States | Third Circuit | 2018-09-13 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment brady-v-maryland brady-violation conspiracy constitutional-rights criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment law-of-case right-to-be-present right-to-counsel sixth-amendment suppression-of-evidence | Whether the Fifth or Sixth Amendments, or Rules 43 and 44 of the Federal Rules of Criminal Procedure, are violated |
| 18-5941 | Robert Earl Tippens, Jr. v. Virginia | Virginia | 2018-09-12 | Denied | Response WaivedIFP | civil-procedure civil-rights due-process fifth-amendment free-speech just-compensation property-rights regulatory-takings standing takings takings-clause | Whether the Takings Clause of the Fifth Amendment prohibits the government from requiring a property owner to dedicate a portion of their private prop… |
| 18-5932 | Ronald Jones v. Steven Johnson, Administrator, New Jersey State Prison, et al. | Third Circuit | 2018-09-11 | Denied | Response WaivedIFP | actual-innocence certificate-of-appealability constitutional-violation criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus medical-evidence section-2254 sixth-amendment state-conviction | Whether Petitioner has shown clear and convincing evidence of a credible actual-innocence claim from his State conviction? |
| 18-293 | Janos Farkas v. Ocwen Loan Servicing, L.L.C., et al. | Fifth Circuit | 2018-09-07 | Denied | Response Waived | civil-procedure constitutional-rights dispositive-motion due-process federal-court fifth-amendment fourteenth-amendment motion-practice standing time-limits time-to-respond | Does a federal court deprive a party's constitutional due process right when allowing only three days to respond to a dispositive motion? |
| 18-295 | Alexander Alimanestianu, et al. v. United States | Federal Circuit | 2018-09-07 | Denied | due-process eminent-domain espousal fifth-amendment foreign-affairs foreign-state international-law just-compensation property-rights takings | Can the United States seize, use, and compromise the claims and judgments of its citizens against a foreign state—a practice in international law know… | |
| 18-5881 | Vamsidhar Vurimindi v. The Hoopskirt Lofts Condominium Association | Pennsylvania | 2018-09-05 | Dismissed | Relisted (2)IFP | civil-rights condominium-law constitutional-violations due-process fair-housing-act fifth-amendment first-amendment fourteenth-amendment property-rights racial-discrimination | Whether the Pennsylvania Uniform Condominium Act violates the First, Fifth, and Fourteenth Amendments and the Fair Housing Act |
| 18-5899 | Rashod Lewis v. United States | Second Circuit | 2018-09-05 | Denied | Response WaivedIFP | circuit-split civil-rights criminal-procedure due-process fifth-amendment probation self-incrimination | Whether a probationer can be ordered to truthfully answer questions posed by his probation officer without a caveat that he still has the right to inv… |
| 18-5849 | Jose Soza v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2018-08-31 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment state-postconviction | Whether state trial counsel rendered constitutionally ineffective assistance of counsel |
| 18-5790 | Uiki Teaupa v. United States | Ninth Circuit | 2018-08-28 | Denied | Response WaivedIFP | 28-usc-2255 5th-amendment 6th-amendment discovery due-process evidentiary-hearing fifth-amendment government-misconduct pro-se pro-se-defendant section-2255 sixth-amendment | Does the Fifth and Sixth Amendment entitle a pro se defendant the right to conduct discovery and have an evidentiary hearing on claims of government m… |
| 18-246 | Mary L. Doherty, et al. v. Allstate Indemnity Company | Third Circuit | 2018-08-27 | Denied | anderson-v-liberty-lobby due-process expert-witness expert-witness-reports expert-witness-testimony fifth-amendment hearsay hearsay-evidence insurance-contract jury-trial mend-the-hold mend-the-hold-doctrine seventh-amendment summary-judgment | Whether the affirmed Rule 56 summary judgment decision is inconsistent with the standard set forth in Anderson v. Liberty Lobby, Inc., and violative o… | |
| 18-5753 | James Pello v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility | Seventh Circuit | 2018-08-27 | Denied | Response WaivedIFP | constitutional-error due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment ineffective-assistance jury-unanimity sixth-amendment unanimous-jury-verdicts | Whether the United States Court of Appeals for the Seventh Circuit, along with the Indiana State Court of last resort, have entered a decision in conf… |
| 18-5720 | Alan Bartlett v. Susanna C. Pineda, Judge, Superior Court of Arizona, Maricopa County, et al. | Arizona | 2018-08-23 | Denied | Relisted (2)IFP | 14th-amendment 5th-amendment appeal civil-rights criminal-procedure double-jeopardy due-process fifth-amendment | Whether Respondent Judge Susanne C. Pineda abused discretion in denying Petitioner Bartlett's motion to dismiss for double jeopardy, in violation of h… |
| 18-5691 | Darryl Jerome Baker v. R. C. Cheatham, Warden | Eleventh Circuit | 2018-08-22 | Denied | IFP | 2241-habeas 2241-motion 2255-motion 5th-amendment constitutional-rights criminal-procedure due-process fifth-amendment savings-clause state-priors title-28 unconstitutional-enhancement | Whether the Petitioner's Fifth Amendment Rights are violated |
| 18-5701 | Stephen Aguiar v. United States | Second Circuit | 2018-08-22 | Denied | Response WaivedIFP | appeal coram-nobis criminal-conviction criminal-procedure due-process federal-court federal-courts fifth-amendment habeas-corpus second-circuit-dismissal sentence sentencing-appeal writ-of-error-coram-nobis | Did the Second Circuit err by dismissing petitioner's appeal? |
| 18-5653 | Pamela Lynn Bravebull v. United States | Eighth Circuit | 2018-08-20 | Denied | Response WaivedIFP | cross-examination due-process evidence-rules expert-witness fair-trial federal-rules-of-evidence fifth-amendment sixth-amendment structural-error venireperson | Whether the prosecutor's elicitation of evidence through a colloquy with a venireperson violated the defendant's Sixth Amendment right to cross-examin… |
| 18-5669 | Peter Cruz v. Massachusetts | Massachusetts | 2018-08-20 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process due-process,fifth-amendment,fourteenth-amendment,s fifth-amendment fourteenth-amendment life-without-parole massachusetts-law sentencing | Whether the petitioner can be punished with life without parole when not charged, tried, or convicted of first-degree murder |
| 18-5601 | Jose Ramirez v. United States | Fifth Circuit | 2018-08-15 | Denied | Response WaivedIFP | confrontation confrontation-right due-process federal-sentencing fifth-amendment good-cause parole probation revocation sentencing-hearing witness-confrontation | Does the Fifth Amendment's Due Process Clause confer at least a limited right to confront witnesses at federal sentencing hearings absent a showing, a… |
| 18-5587 | Bobby Joe Rosa v. United States | Fifth Circuit | 2018-08-14 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment 6th-amendment confidential-informant criminal-procedure exclusionary-rule fifth-amendment fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant sixth-amendment | Whether the Fifth Circuit erred in affirming the denial of the motion to suppress evidence under the good faith exception despite the lack of probable… |
| 18-5535 | Paul Lynn Schlieve v. United States | Fifth Circuit | 2018-08-13 | Denied | Response WaivedIFP | brady-v-maryland case-dispositive-motion due-process evidence-suppression exculpatory-evidence fifth-amendment fourth-amendment materiality prosecutorial-duty suppression-motion suppression-of-evidence | Does the prosecutor's duty to disclose exculpatory evidence under the Fifth Amendment include evidence that is favorable and material to a Fourth Amen… |
| 18-5576 | DifAnkh Asar, aka James Walter Gist v. United States | Fourth Circuit | 2018-08-13 | Denied | Response WaivedIFP | acca categorical-approach civil-rights constitutional-vagueness criminal-statute due-process fifth-amendment overbreadth overbreadth-doctrine sixth-amendment vagueness vagueness-doctrine | Is South Carolina's Code Ann. 16-23-40 unconstitutional? |
| 18-183 | Advanced Audio Devices, LLC v. HTC Corporation, et al. | Federal Circuit | 2018-08-09 | Denied | Amici (2)Response Waived | 5th-amendment aia america-invents-act constitutional-law due-process fifth-amendment inter-partes-review patent patent-law patents takings-clause | Whether inter partes review (IPR) of patents filed before enactment of the Leahy-Smith America Invents Act ("AIA") violates the Takings Clause of the … |
| 18-5525 | Jonathan E. Jouette v. United States | Fifth Circuit | 2018-08-09 | Denied | Response WaivedIFP | armed-career-criminal-act categorical-approach charging-instrument constitutional-rights criminal-procedure due-process enhanced-sentencing felon-in-possession fifth-amendment fourteenth-amendment sentencing-enhancement taylor-v-united-states | Whether application of the Taylor rule bars consideration of materials beyond the charging instrument in determining a defendant's qualification for e… |
| 18-5528 | Brian Thurman v. United States | Seventh Circuit | 2018-08-09 | Denied | Response WaivedIFP | acquitted-conduct double-jeopardy due-process fifth-amendment sentencing sixth-amendment united-states-constitution | Whether the District Court violated Mr. Thurman's Fifth and Sixth Amendment rights by increasing his sentence based on acquitted conduct |
| 18-5482 | Jose Guadalupe Zepeda-Ramirez v. United States | Ninth Circuit | 2018-08-07 | Denied | Response WaivedIFP | aiding-and-abetting conspiracy due-process fifth-amendment marijuana-distribution motion-for-acquittal possession-with-intent-to-distribute presumption-of-innocence sufficiency-of-evidence | Whether the Presumption of Innocence and Fifth Amendment's Right to Due Process are violated when the district court denies a motion for acquittal whe… |
| 18-5446 | Allan Latoi Story v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-08-06 | Denied | IFP | brady-violation civil-rights due-process effective-assistance-of-counsel fair-trial fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance sixth-amendment speedy-trial | Whether the state violated the petitioner's constitutional rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments |
| 18-5467 | Virginia Denise Wyche v. Florida | Florida | 2018-08-06 | Denied | Response WaivedIFP | and whether jury instructions misstating self-def 5th-amendment criminal-procedure due-process ex-post-facto ex-post-facto-clause fifth-amendment fourteenth-amendment homicide homicide-statute second-amendment self-defense statutory-interpretation | Whether the First District's expansion of the scope of Florida's homicide statute could be used to affirm Wyche's conviction and sentence in light of … |
| 18-5468 | Raul Villarreal and Fidel Villarreal v. United States | Ninth Circuit | 2018-08-06 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acquitted-conduct appellate-review constitutional-rights dismissed-conduct fifth-amendment sentencing-guidelines sentencing-guidelines-review sixth-amendment statutory-law statutory-maximum | Whether an upward departure from the advisory Sentencing Guidelines is subject to appellate review |
| 18-154 | Roderic Rooks v. Shawn Brewer, Warden | Sixth Circuit | 2018-08-03 | Denied | Response Waived | certificate-of-appealability due-process effective-assistance-of-counsel fair-trial fifth-amendment franks-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-available-evidence pretrial-motion prosecutorial-misconduct | Whether the district court erred in denying a certificate of appealability on petitioner's constitutional challenges to his state court conviction |
| 18-5434 | Troy Victorino v. Florida | Florida | 2018-08-02 | Denied | IFP | 14th-amendment 5th-amendment capital-punishment criminal-punishment death-penalty double-jeopardy due-process ex-post-facto fifth-amendment florida-supreme-court fourteenth-amendment jury-sentencing resentencing statutory-interpretation | Does the automatic-resentencing-to-life provision of Florida Statutes Section 775.082(2) violate due-process, double-jeopardy, ex-post-facto |
| 18-5436 | Ralph Deon Taylor v. United States | Ninth Circuit | 2018-08-02 | Denied | Response WaivedIFP | 2nd-circuit 3rd-circuit 9th-circuit criminal-procedure custodial-interrogation due-process evidence-confrontation fifth-amendment incriminating-response interrogation miranda-rights miranda-warning police-interrogation police-questioning self-incrimination | Does confronting a suspect with the mounting evidence against him constitute interrogation under Miranda? |
| 18-5442 | Craig Alan Wall, Sr. v. Florida | Florida | 2018-08-02 | Denied | Relisted (2)IFP | capital-punishment constitutional-rights crawford-standard crawford-v-washington due-process fifth-amendment forced-appeal fourteenth-amendment hearsay-exception separation-of-powers sixth-amendment unreasonable-determination-of-facts | Whether Florida Statute § 90.804(2)(f) violates the Sixth Amendment and Due Process rights of defendants, whether a state court can force a defendant … |
| 18-5413 | Clarence D. Lewis v. Johnny Hedgemon, et al. | Fifth Circuit | 2018-08-01 | Denied | Relisted (2)IFP | constitutional-law criminal-procedure due-process fifth-amendment habeas-corpus plea-bargain self-incrimination voluntary-plea | Is a plea bargain voluntary or involuntary if a petitioner invokes his Fifth Amendment right against self-incrimination before the plea is induced? |
| 18-5390 | Khalil Abu Rayyan v. United States | Sixth Circuit | 2018-07-31 | Denied | Response WaivedIFP | due-process fifth-amendment sentencing sentencing-guidelines sixth-amendment uncharged-conduct upward-variance | Whether the district court violated Khalil Abu Rayyan's Fifth and Sixth Amendment rights by imposing an upward variance of almost three times the top … |
| 18-5361 | Hazhar A. Sayed v. Travis Trani, Warden, et al. | Tenth Circuit | 2018-07-27 | Denied | Response WaivedIFP | collateral-estoppel constitutional-interpretation criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pro-se-litigation pro-se-prisoner-litigant | Whether the Fifth Amendment's Double Jeopardy Clause prohibits retrying a defendant on a higher level charge after being convicted of a lesser include… |
| 18-5362 | Omar Qazi v. United States | Ninth Circuit | 2018-07-27 | Denied | Response WaivedIFP | administrative-law civil-procedure criminal-procedure due-process equal-protection fifth-amendment judicial-review miranda-warnings standing unpublished-decisions | Whether the Ninth Circuit panel decision conflicts with established Supreme Court and Ninth Circuit precedents on Miranda warnings, and whether the pa… |
| 18-5364 | Harry Austin v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2018-07-26 | Denied | Response WaivedIFP | appellate-review constitutional-rights criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-custody writ-of-certiorari | Whether certiorari review should be granted where the Eleventh Circuit affirmed the denial of Austin's petition under 28 U.S.C. §2254 for writ of habe… |
| 18-118 | Jeff Schwartz, et ux. v. JPMorgan Chase Bank, N.A., et al. | California | 2018-07-25 | Denied | Response Waived | 5th-amendment civil-procedure civil-rights court-procedure due-process fifth-amendment mandatory-relief non-discretionary non-discretionary-relief right-to-be-heard standing sworn-statement | Did the court violate Schwartz's Fifth Amendment right to be heard by refusing to consider his sworn statement in support of his application for manda… |
| 18-5347 | Marquis D. Costic v. Illinois | Illinois | 2018-07-25 | Denied | IFP | confrontation-clause constitutional-rights credibility cross-examination fifth-amendment jailhouse-informant jury-instructions prosecution-witness prosecutorial-misconduct sixth-amendment witness-disclosure | Was my Sixth Amendment U.S. Constitutional Right, under the Confrontation Clause violated when the prosecution kept interrupting during cross-examinat… |
| 18-5300 | Gary Robinson v. United States | Fourth Circuit | 2018-07-23 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment | Whether a trial attorney can constitutionally stipulate elements of a charged crime over the expressed objections of the defendant under the Fifth, Si… |
| 18-5291 | Martin Louis Ballard v. United States | Fourth Circuit | 2018-07-20 | Denied | Response WaivedIFP | deprived him of his right under the Sixth Amendme without any hearing 5th-amendment 6th-amendment bank-account bank-account-seizure civil-rights counsel-of-choice due-process fifth-amendment pretrial-seizure procedural-due-process seizure sixth-amendment | Whether the pretrial seizure of petitioner's bank account, without any hearing, deprived him of his right under the Sixth Amendment to the United Stat… |
| 18-5307 | Andrew Wayne Hulen v. United States | Ninth Circuit | 2018-07-20 | Denied | Response WaivedIFP | compelled-admissions constitutional-rights criminal-procedure due-process fifth-amendment garrity-v-new-jersey minnesota-v-murphy penalty-situation self-incrimination self-incrimination-clause sex-offender-treatment supervised-release | Whether the Ninth Circuit's failure to analyze Petitioner's argument under the classic penalty situation addressed by this Court in Minnesota v. Murph… |
| 18-82 | Tamara Cotman and Angela Williamson v. Georgia | Georgia | 2018-07-17 | Denied | Response Waived | acquittal criminal-procedure double-jeopardy double-jeopardy,fifth-amendment,criminal-procedure fifth-amendment jury jury-trial nonunanimous-verdict sixth-amendment sixth-amendment,criminal-procedure,jury,due-proces unanimous-verdict Whether the Double Jeopardy Clause of the Fifth Am | Whether it is a Violation of the Sixth Amendment for a jury in a criminal case to return a nonunanimous verdict |
| 18-5201 | Henry Bryan Lowe v. Darrel Vannoy, Warden | Fifth Circuit | 2018-07-11 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression expert-witness fifth-amendment ineffective-assistance sixth-amendment | Ineffective-assistance-of-counsel |
| 18-5211 | Taylor B. v. California | California | 2018-07-11 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment custodial-interrogation due-process false-evidence fifth-amendment fourteenth-amendment juvenile-justice miranda-rights police-interrogation | when-child-interrogated-miranda-waiver |
| 18-5189 | Glenvert Green v. United States | Third Circuit | 2018-07-10 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure cross-examination due-process fifth-amendment hearsay hearsay-evidence sentencing sentencing-procedure sixth-amendment victim-impact-statement victim-impact-statements | Whether the Sixth and Fifth Amendments provide a criminal defendant the right to cross-examine a government witness who testifies during a sentencing … |
| 18-5157 | In Re Jose Luis Arevalo | 2018-07-09 | Denied | Response WaivedRelisted (2)IFP | actual-innocence cause-and-prejudice cause-and-prejudice-doctrine certificate-of-appealability drug-crimes due-process eleventh-circuit fifth-amendment jurisdiction money-laundering reasonable-doubt | Whether the due process clause was violated by failure to prove every element of money laundering beyond a reasonable doubt | |
| 18-5158 | Mario Lee Brown v. United States | Eleventh Circuit | 2018-07-09 | Denied | Response WaivedRelisted (2)IFP | acca-enhancement certificate-of-appealability descamps-v-united-states evidentiary-hearing fifth-amendment florida-robbery-statute sixth-amendment stokeling-v-united-states | Whether the United States Court of Appeals for the Eleventh Circuit erred in denying petitioner a Certificate of Appealability |
| 18-5153 | Arthur Wayne Kniffley v. United States | Sixth Circuit | 2018-07-06 | Denied | Response WaivedIFP | ball-v-united-states blockburger-test child-pornography criminal-conviction double-jeopardy double-jeopardy,child-pornography,fifth-amendment, double-jeopardy,fifth-amendment,child-pornography, fifth-amendment mandatory-life-sentence mandatory-sentencing sentencing-discretion | Whether a conviction for producing child pornography violates the Double Jeopardy Clause of the Fifth Amendment because the defendant was previously c… |
| 18-5132 | Jonathan Arn Bryant v. Florida | Florida | 2018-07-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 14th-amendment 6th-amendment custodial-interrogation due-process fair-trial fifth-amendment fourteenth-amendment impartial-jury right-to-counsel self-incrimination self-incrimination-rights sixth-amendment voir-dire | Whether the State of Florida's use of Bryant's custodial statements against him violated his Fifth, Sixth, and Fourteenth Amendment rights |
| 18-23 | Edward R. Stolz, dba Royce International Broadcasting Company v. Federal Communications Commission | District of Columbia | 2018-07-03 | Denied | Response Waived | administrative-law administrative-procedure due-process fcc fcc-ruling fifth-amendment interlocutory-judgment judicial-review mootness reversionary-interest telecommunications-act | Whether the FCC violated Petitioner's Fifth Amendment right to due process |
| 18-5079 | Michelle Lyn Michaud v. California | California | 2018-07-03 | Denied | IFP | aiding-and-abetting burden-of-proof constitutional-error criminal-liability criminal-procedure due-process factfinding-function fifth-amendment jury-instructions jury-trial jury-trial-guarantees reasonable-doubt sixth-amendment | Whether the trial court's incorrect instruction on aiding and abetting liability violated the constitutional jury trial guarantees of the Fifth, Sixth… |
| 18-5105 | Atnafu Ras Makonnen v. United States | Eleventh Circuit | 2018-07-03 | Denied | IFP | armed-career-criminal-act career-offender categorical-approach due-process fifth-amendment predicate-offense sentencing-enhancement serious-drug-offense violent-felony | Whether Makonnen's prior convictions for felony battery and attempted first-degree murder with a deadly weapon qualify as violent felonies under the A… |
| 18-5069 | William M. Uschock v. Pennsylvania | Third Circuit | 2018-07-02 | Denied | IFP | civil-procedure due-process eminent-domain fifth-amendment just-compensation mineral-rights natural-gas property-rights takings takings-clause | Whether the Pennsylvania Dunham Rule, which excludes natural gas from the definition of 'minerals' for purposes of mineral rights ownership, violates … |
| 18-5003 | Rolando Mulet v. United States | Eleventh Circuit | 2018-06-28 | Denied | IFP | 5th-amendment circuit-split constitutional-protection criminal-procedure fifth-amendment law-enforcement-questioning miranda miranda-rights pre-arrest pre-arrest-silence pre-miranda self-incrimination | Whether the Fifth Amendment's Self-Incrimination Clause protects a defendant's pre-arrest, pre-Miranda silence from being used as evidence at trial |
| 18-5031 | Jabbar Wallace v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. | Third Circuit | 2018-06-28 | Denied | Response WaivedIFP | 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel ineffective-counsel murder-conviction self-defense self-defense-right sixth-amendment | Whether the petitioner's conviction for third-degree murder should be overturned due to self-defense, violation of the Confrontation Clause, and ineff… |