appeal

514 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6190 Steven Dale Bradley v. Iowa Iowa 2025-11-20 Denied IFP appeal constitutional-rights criminal-procedure due-process habeas-corpus sentencing I. D& Aw 4 On4)Wlwl k invfrf ie^ $ pwhlons 4vd" hw 4o 4V^C SevWAC^5 ? 3, Do cnw\4U$ kw 4 6an^WW^h4 rtaW 4t> ex^cV pnmke^ AncWl^ ™udn^/ 5 ft w'HW ^re^…
24-708 Zafar Iqbal v. BPOA Pennsylvania State Board of Medicine, et al. Third Circuit 2025-01-03 Denied Response WaivedRelisted (2) appeal circuit-court jurisdictional-statute medicaid preclusion supreme-court Can the 34 Circuit Court and DCWPA overrule jurisdictional statute of limitations set by US Supreme Court?
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…
23-7745 Gustavo Galindez v. Michigan Michigan 2024-06-18 Denied IFP 14th-amendment 6th-amendment appeal due-process michigan-constitution sentencing Does MCL 769.34(10) violate the defendant's constitutional right to due process and right to appeal?
23-7755 Anthony Raymoné Clark v. Oklahoma Oklahoma 2024-06-18 Denied IFP appeal appeal-process criminal-procedure district-court due-process due-process,civil-procedure,post-conviction,appeal final-judgment impediment post-conviction post-conviction-procedure procedural-rules Whether the trial judge and state's attorney unreasonably created an impediment to the timely submission of a post-conviction application, contrary to…
23-7701 Robin Jones v. Angela Reaves, Warden, et al. Georgia 2024-06-12 Denied Relisted (2)IFP appeal certificate-of-appealability certiorari civil-rights court-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdiction legal-review petition supreme-court Whether the federal courts should address the Strickland Assistance of Trial Counsel claims are moot due to the claims being stayed, whether dismissin…
23-7658 In Re Robert Gene Rega 2024-06-07 Denied IFP appeal appellate-procedure civil-procedure due-process habeas-corpus judicial-delay standing third-circuit writ-of-certiorari due-process
23-7596 Andre Tayson Boone v. Bryan P. Stirling, Director, South Carolina Department of Corrections Fourth Circuit 2024-05-30 Denied IFP appeal civil-procedure constitutional-analysis due-process judicial-review jurisdiction legal-interpretation procedural-rules standing statutory-provisions time-extension Whether the courts erred in dismissing the petitioner's appeal of the district court's denial of their motion for an extension of time to file a notic…
23-7537 Mike Austin Anderson v. United States Fifth Circuit 2024-05-22 Denied Response WaivedIFP appeal criminal-procedure criminal-trial due-process judicial-procedure jury-instructions jury-verdict motion-to-revoke recusal-motion standard-of-review sufficiency-of-evidence Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return a guilty verdic…
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
23-7477 Joseph Ira Patterson, III v. United States Fourth Circuit 2024-05-15 Denied Response WaivedIFP appeal appellate-jurisdiction criminal-appeal criminal-procedure drug-possession due-process plea-agreement plea-bargain sentencing sentencing-enhancement waiver waiver-of-rights Whether a provision in a plea agreement which bars a defendant from appealing 'any sentence of imprisonment' can be knowingly entered into well before…
23-7471 Shauntavus Berklin v. United States Eleventh Circuit 2024-05-14 Denied Response WaivedIFP appeal criminal-appeal criminal-procedure district-court due-process eleventh-circuit evidence federal-sentencing-guidelines gun-accountability sentencing sentencing-factors sentencing-guidelines Whether certiorari review should be granted where the Eleventh Circuit erred in affirming the district court's denial of Berklin's objection to the nu…
23-7479 Ronald Lee Howard v. Texas Texas 2024-05-14 Denied IFP appeal appellate-procedure constitutional-rights discretionary-review douglas due-process evitts fourteenth-amendment griffin state-court texas-court-of-criminal-appeals Is procedural due process violated regarding the constitutional requirement of a meaningful or effective appeal of right under Evitts, Griffin and Dou…
23-7436 Eagles Denashu Begay v. United States Ninth Circuit 2024-05-09 Denied IFP 28-usc-2255 appeal criminal-procedure direct-appeal due-process evidentiary-hearing habeas-corpus indigent-defendant ineffective-assistance pro-se-claim right-to-counsel Ineffective-assistance-of-counsel
23-7445 Lloyd Kidd v. United States Second Circuit 2024-05-09 Denied Response WaivedIFP appeal criminal-procedure district-court-discretion due-process electronic-evidence jurisdiction motion-to-suppress sufficiency-of-evidence summary-charts venue venue-challenge Was there legally insufficient evidence to establish that venue was proper in the Southern District of New York for each count of conviction?
23-1194 Erik Hentzen v. United States Sixth Circuit 2024-05-06 Denied Response Waived appeal appellate-review child-pornography harmless-error ineffective-assistance ineffective-assistance-of-counsel prejudice-prong sixth-amendment strickland-standard strickland-v-washington Can Strickland v. Washington's 'prejudice prong' be satisfied by a showing that constitutionally inadequate representation at the trial-court level ac…
23-7339 Philip Shane Young v. Texas Texas 2024-04-30 Denied IFP appeal criminal-procedure deadly-weapon evidence-sufficiency jury-finding jury-instructions standard-of-review sufficiency-of-evidence Is the evidence sufficient to sustain the jury's finding that a deadly weapon was used?
23-1154 Kurtis M. Bailey, et al. v. Worthington Cylinder Corporation, et al. Seventh Circuit 2024-04-23 Denied appeal case-redress civil-procedure civil-rights counsel-disqualification disqualification-of-counsel due-process justice-stevens legal-modification standing supreme-court-precedent Should Richardson-Merrell,-Inc.-v.-Koller-be-modified
23-7262 Eric D. Sweet v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-04-19 Denied Relisted (2)IFP appeal conviction-review criminal-appeal criminal-procedure due-process florida-supreme-court fundamental-error ineffective-assistance-of-counsel legal-timeliness post-conviction-relief standard-of-review statutory-time-limit whether-the-tolling-statute-for-filing-a-timely-post-conviction-review-was-properly-applied
23-7274 In Re Joseph T. Swift 2024-04-19 Denied IFP appeal capital-punishment civil-rights death-penalty due-process ineffective-assistance-of-counsel Whether the Florida Supreme Court's denial of petitioner's claims of ineffective assistance of counsel and due process violations in his capital murde…
23-1134 Mark Habelt v. iRhythm Technologies, Inc., et al. Ninth Circuit 2024-04-18 Denied Response RequestedResponse WaivedRelisted (2) appeal case-dismissal civil-procedure dismissal financial-stake judicial-procedure legal-redress litigation-appeal plaintiff-standing redress standing Does a named plaintiff who initiated a suit from which he was never dismissed or removed, who retains a financial stake in the litigation's outcome, a…
23-7113 Nicholas Butler v. United States Fourth Circuit 2024-04-01 Denied Response WaivedRelisted (2)IFP appeal appellate-review civil-procedure court-of-appeals due-process judicial-procedure legal-standing procedural-rights standing Did the Court of Appeals incorrectly deprive Mr. Smith of his right of appeal?
23-7043 C. Holmes v. Blue Cross Blue Shield of South Carolina, Inc., et al. Fourth Circuit 2024-03-21 Denied Relisted (3)IFP appeal appellate-procedure civil-procedure district-court due-process judicial-neutrality judicial-review procedural-due-process standing substantial-rights Whether the lower appellate court misapprehends appealability and/or overlooks the request and denial in the district court for certification of appea…
23-1040 Scott Smith v. Entrepreneur Media, Inc. Ninth Circuit 2024-03-20 Denied appeal civil-procedure federal-statute judgment-renewal motion-to-dismiss ninth-circuit renewal-of-judgment state-law Did the United States Court of Appeals for the Ninth Circuit err in granting Respondent's Motion to Dismiss Appeal by failing to consider Petitioner's…
23-1006 In Re Christopher Gary Baylor 2024-03-13 Denied Response Waived appeal civil-procedure civil-rights constitutional-rights due-process free-speech judicial-delay mandamus-jurisdiction right-to-appeal section-1657 standing Does relief become impliedly denied upon the expiration of time to grant or deny, and if no, when does absence of any judgment, ruling, decision, decr…
23-6734 C. Holmes v. Anne Milgram, Administrator, Drug Enforcement Administration Fourth Circuit 2024-02-13 Denied Response WaivedRelisted (3)IFP appeal appellate-review article-iii certification certification-of-appeal civil-procedure de-novo-review judicial-procedure standing stay substantial-rights Whether the lower appellate court misapprehends appealability and/or overlooks the request and denial in the district court for certification of appea…
23-851 John Doe v. Purdue University, et al. Seventh Circuit 2024-02-07 Denied Response Waived appeal appellate-review bias civil-procedure collateral-order-doctrine constitutional-adjudication due-process federal-procedure judicial-bias recusal recusal-standard standing Should this Court exercise its supervisory authority to preserve the appearance and fact of justice by requiring review now of a denial of recusal for…
23-6681 Danny Lowe v. United States Ninth Circuit 2024-02-06 Denied Response WaivedIFP appeal criminal-intent due-process harmless-error jury-instruction jury-instructions mens-rea ninth-circuit sex-trafficking Is the jury instruction that misstates the mens rea of the offense harmless where the sole issue at trial is the defendant's criminal intent?
23-6633 Daryl Anthony Green v. Prince George's County Office of Child Support, et al. Fourth Circuit 2024-01-31 Denied IFP appeal appeal-rights bankruptcy bankruptcy-procedure civil-procedure constitutional-jurisdiction due-process judicial-misconduct jurisdiction property-rights standing Did Mr. Green have the right to appeal the entire case and all previously unheard issues raised in the lower courts once the bankruptcy matter was dis…
23-789 Larisa Dirkzwager v. Archer-Daniels-Midland Company Eighth Circuit 2024-01-23 Denied Response Waived appeal civil-procedure constitutional-review deadline due-process equal-protection fourteenth-amendment judicial-error jurisdiction procedural-deadline standing Whether the Judge's error in miscalculation of the Plaintiff's Response deadline negates his dispositive Order and thereby logically and legally rende…
23-791 Peter Thompson v. Gregg Sullivan, et al. Ninth Circuit 2024-01-23 Denied Response Waived appeal appellate-procedure civil-procedure district-court-proceedings due-process fraud ninth-circuit-rules pro-se-filing procedural-due-process record record-exclusion standing Did the Ninth Circuit err in concluding that the lower US District Court of Montana proceedings could be equitably affirmed when the district court ob…
23-6330 Raymond Ghaloustian v. United States Ninth Circuit 2023-12-22 Denied Response WaivedIFP appeal appellate-procedure criminal-procedure due-process exclusionary-rule harmless-error harrison-v-united-states miranda-rights miranda-warning opening-brief Does a defendant forfeit reliance upon Harrison by failing to anticipate in his opening brief on appeal that the Government would argue violations of …
23-6182 Joshua Anthony Peterman v. Mississippi Mississippi 2023-12-07 Denied Response WaivedIFP appeal criminal-procedure due-process habitual-offender indictment ineffective-assistance judicial-bias jury-indictment prosecutorial-bias sentencing speedy-trial Whether the trial court erred in amending the indictment, affecting trial and sentencing
23-6169 Juan Carlos Soto v. United States Fourth Circuit 2023-12-06 Denied Response WaivedIFP 18-USC-3553 appeal appellate-review criminal-procedure double-jeopardy due-process federal-sentencing ninth-circuit-court remand sentencing sentencing-guidelines Why does the Yeh Circuit Court of appeals Remand (Wmost Cases Where all of the appeal ant's Non-Frivolous Sentencing arguments are Not addressed by th…
23-528 Michael S. Barth v. United States Eleventh Circuit 2023-11-17 Denied Response WaivedRelisted (2) appeal appellate-procedure civil-procedure civil-rights constitutional-rights due-process intervention-rights judicial-access media-representation procedural-due-process recusal standing Whether Petitioner is entitled to intervene
23-6052 Larry Bailey v. West Laurel Water Association, et al. Kentucky 2023-11-17 Denied IFP appeal circuit-court civil-procedure civil-rights constitutional-rights due-process in-forma-pauperis indigent-status notice-of-appeal standing Whether the Franklin Circuit Court violated my constitutional rights to due process
23-5930 Brent Douglas Cole v. R. D. Keyes, Warden Seventh Circuit 2023-11-01 Dismissed Relisted (2)IFP appeal civil-rights constitutional-privileges due-process federal-jurisdiction habeas-corpus judicial-bias jurisdiction standing subject-matter-jurisdiction writ-ad-prosequendum Question not identified
23-5817 Cordarius Lawrence v. Illinois Illinois 2023-10-17 Denied IFP appeal criminal-procedure due-process jurisdiction sentencing standard-of-proof Whether the evidence at trial was insufficient to prove guilt beyond a reasonable doubt?
23-5739 Daniel Ray Metsinger v. United States Fifth Circuit 2023-10-10 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit jurisdiction plea-agreement plea-bargaining sentencing waiver Whether the Fifth Circuit erred by dismissing Mr. Metsinger's appeal based on the waiver of appeal provision in his Plea Agreement
23-5636 Javon Montreal King v. United States Fifth Circuit 2023-09-21 Denied Response WaivedIFP appeal background criminal-sentencing district-court-discretion due-process sentencing-guidelines statutory-maximum substantive-reasonableness youth youth-consideration Whether the district court erred, considering Mr. King's youth and background, when it sentenced him to the statutory maximum of 120 months' imprisonm…
23-5569 Francisco Gutierrez v. United States Ninth Circuit 2023-09-14 Denied Response WaivedIFP appeal appellate-procedure criminal-procedure de-novo-resentencing de-novo-review judicial-discretion law-of-case law-of-the-case open-record resentencing sentencing Does law of the case apply to an appeal from a de novo resentencing on an open record?
23-231 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
23-5514 Rodger William Dillard v. Wyoming Wyoming 2023-09-05 Denied Response WaivedRelisted (2)IFP abuse-of-discretion alford-plea appeal court-rules criminal-procedure due-process judicial-abuse judicial-discretion plea-bargaining plea-withdrawal sentence-correction sentencing Did the District in and for Natrona County 7th Judicial Abuse its power
23-5456 John E. Gilcrease v. Louisiana Louisiana 2023-08-28 Denied Response WaivedIFP appeal appellate-review consecutive-sentence constitutional-rights due-process judicial-vindictiveness north-carolina-v-pearce plea-bargaining remand sentencing-modification Were John Gilcrease's due process rights violated when the court imposed a more onerous, consecutive sentence after his original sentence was vacated …
23-5435 Marques Webb v. United States Fifth Circuit 2023-08-24 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-default waiver Whether the Fifth Circuit erred by dismissing Mr. Webb's appeal based on the waiver of appeal provisions in his Plea Agreement
23-5391 Walter Raul Maguina v. United States Fifth Circuit 2023-08-18 Denied Response WaivedIFP appeal appellate-review criminal-procedure district-court due-process evidence extrinsic-evidence harmless-error judicial-procedure prejudice prejudicial-evidence remand Whether a district court's failure to address the prejudicial nature of extrinsic evidence requires remand
23-5320 Curtis Lavon Magee v. United States Fifth Circuit 2023-08-09 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver Whether the Fifth Circuit erred by dismissing Mr. Magee's appeal based on the waiver of appeal provisions in his Plea Agreement
23-5273 Cory Joe Barton v. United States Fifth Circuit 2023-08-03 Denied Response WaivedIFP appeal criminal-procedure due-process fifth-circuit procedural-due-process rule-32 sentencing statutory-construction Did the Fifth Circuit err in holding that the determination of Mr. Barton's sentence did not violate his procedural due process rights?
23-76 Palani Karupaiyan v. Infosys BPM, et al. Third Circuit 2023-07-27 Denied appeal appellate-review civil-rights due-process extraordinary-review judicial-procedure mandamus mandamus-relief pro-se-complaint standing sua-sponte-dismissal whether-the-district-court-erred-in-sua-sponte-dismissing-the-complaint-before-requiring-the-defendants-to-answer
23-77 Palani Karupaiyan v. Tata Consultancy Services, et al. Third Circuit 2023-07-27 Denied appeal appellate-review civil-rights due-process extraordinary-review jurisdictional-error mandamus mandamus-relief pro-se-complaint standing sua-sponte-dismissal Whether the district court erred in sua sponte dismissing the pro se civil-rights complaint before requiring the defendants to answer, and whether the…
23-5176 Damarco Antonio Smith v. United States Fourth Circuit 2023-07-24 Denied Response WaivedIFP appeal appellate-review civil-procedure court-of-appeals due-process judicial-procedure jurisdiction legal-standing procedural-rights right-of-appeal standing Did the Court of Appeals incorrectly deprive Mr. Smith of his right of appeal?
23-5121 Kyle Ross Rivers v. United States Fifth Circuit 2023-07-18 Denied Response WaivedIFP appeal constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining sentence-appeal sentencing waiver waiver-of-rights Whether a defendant can waive the right to appeal his sentence before the right has accrued
23-5124 Quincetta Yvonne Cargill, aka Queen, aka Tonya, aka Angela Scott, aka Antela Scott, aka QuincetTucker, aka Quincetta Tucker v. United States Eleventh Circuit 2023-07-18 Denied Response WaivedIFP appeal appellate-counsel appellate-procedure civil-rights direct-appeal due-process eleventh-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings petition-for-rehearing right-to-counsel Whether the exclusion of the appellant's opinions, requests for inclusion of psychiatrist's testimony, and other information as to the preserved issue…
23-5083 James Calfee v. Texas Texas 2023-07-12 Denied IFP appeal constitutional-rights criminal-procedure due-process evidence exculpatory-evidence fair-trial government-powers judicial-discretion Did Potttoner cits to due Process of the Courkeentn Wendt wf We ducted stude's Const. Wo lated
23-5030 Nygel Dejon Freeman v. United States Fifth Circuit 2023-07-05 Denied Response WaivedIFP appeal constitutional-provisions court-of-appeals criminal-procedure due-process judicial-review legal-evidence reasonable-doubt rule-29 statutory-provisions sufficiency-of-evidence Whether the District Court and Court of Appeals erred in denying Mr. Freeman's Rule 29 motion due to insufficient evidence to prove guilt beyond a rea…
23-5018 Richard P. Spaulding v. Oklahoma Oklahoma 2023-07-03 Denied IFP appeal appeal-rights court-order court-orders covid-quarantine due-process equal-protection jurisdiction legal-notice post-conviction Did the Tulsa Court deprive itself of jurisdiction in the subsequent matters
23-5006 Robert Timothy Blake v. United States Fifth Circuit 2023-06-30 Denied Response WaivedIFP abuse-of-discretion appeal appellate-procedure case-consolidation consolidation due-process judicial-discretion prejudice procedural-fairness relevant-issues Whether a defendant may suffer prejudice when a court orders consolidation of cases where one case will lose its specific issues raised on appeal
22-7840 Cordelro Desean Shoulders v. United States Fifth Circuit 2023-06-22 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver Whether the Fifth Circuit erred by dismissing Mr. Shoulders' appeal based on the waiver of appeal provisions in his Plea Agreement
22-7803 Aaron Joel Oliphant v. Montana Montana 2023-06-16 Denied Response WaivedIFP appeal criminal-procedure due-process expert-consultation ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel Did the Montana Supreme Court incorrectly apply Strickland?
22-7721 William Whittman v. Prime Autotech, Inc., et al. Virginia 2023-06-06 Denied Response WaivedIFP appeal civil-procedure due-process equal-justice equal-protection federal-questions petition-for-appeal reversible-error state-court state-court-decision Does the State Court Decision to deny Petitioner's Petition for Appeal on 2/27/23 on grounds that no reversible error occurred in the lower court viol…
22-7670 Lonnie Burdette Porter v. United States Ninth Circuit 2023-05-31 Denied Response WaivedIFP appeal criminal-procedure due-process evidence-sufficiency firearm-possession sentencing-guidelines statutory-interpretation sufficiency-of-evidence Whether the Ninth Circuit erred in finding sufficient evidence to convict the defendant under 18 U.S.C. §922(g)(1) based solely on the defendant's ack…
22-7582 Rodolfo A. Cuellar, Jr. v. United States Fifth Circuit 2023-05-17 Denied Response WaivedIFP appeal criminal-law drug-convictions federal-prisoner first-step-act resentencing sentence-reduction sentencing sentencing-retroactivity statutory-interpretation statutory-maximum Whether the defendant is entitled to a reduced sentence under the First Step Act, and the proper interpretation of the statutory maximum authorized by…
22-7587 John Wayne Spell v. United States Fifth Circuit 2023-05-17 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review plea-agreement procedural-error waiver Whether the Fifth Circuit erred by dismissing Mr. Spell's appeal based on the waiver of appeal provisions in his Plea Agreement
22-7565 Alex Estuardo Ixcopal-Hernandez v. United States Fifth Circuit 2023-05-16 Denied Response WaivedIFP appeal civil-procedure discretionary-review due-process federal-question supplemental-materials Whether the Fifth Circuit's ruling to expand the record on direct appeal without providing adequate opportunity to respond violates due process
22-7389 Gerald Lee Banks v. A. W. Wingfield, Acting Warden Fourth Circuit 2023-04-27 Denied Response WaivedIFP appeal appellant-court case-law criminal-procedure due-process fourth-circuit judicial-review legal-precedent precedent sentencing-error Did the Appellant err when it violated its own precedent in denying Banks sentencing error?
22-7307 Darek Lathan v. United States Sixth Circuit 2023-04-17 Denied Response WaivedIFP affidavits appeal appellate-review civil-procedure constitutional-law due-process federal-courts judicial-discretion legal-procedure sentencing standing Which guarantee of due process of law is needed to rebut affidavits notarized under seal?
22-7149 Eugene Hammond v. Karl Fort, Warden Georgia 2023-03-30 Denied Response WaivedIFP appeal civil-procedure dismissal due-process probable-cause standing Whether the courts erred in dismissing the petitioner's claim for lack of probable cause to appeal?
22-6999 Allen Maki v. Texas Texas 2023-03-13 Denied Response WaivedRelisted (2)IFP appeal criminal-procedure due-process equal-protection evidence-rules judicial-jurisdiction jurisdiction motion-in-limine second-amendment statutory-interpretation texas-criminal-law Whether there is a conflict between Tex Criminal Code Art. 44.17 And Tex Gov. Code Sec. 30.00015 (a)
22-6905 Francisco Nunez Carrillo v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-03-02 Denied Response WaivedIFP appeal constitutional-law criminal-procedure double-jeopardy sentencing statutory-interpretation Whether the Double Jeopardy Clause prohibits the district court from entering judgment on only one of the multiple counts of conviction when the jury …
22-797 Marquay Quamaine Sheppard v. United States Fourth Circuit 2023-02-22 Denied Response Waived appeal circuit-court-precedent criminal-appeal criminal-procedure district-court due-process fourth-circuit precedent sentencing supreme-court supreme-court-decisions Did the Fourth Circuit err by dismissing the Petitioner's appeal and affirming the 188 month sentence imposed by the trial court, inasmuch as this dec…
22-6812 Ernest Luther Taylor v. United States Ninth Circuit 2023-02-17 Denied Response WaivedIFP appeal court-appointed-counsel criminal-procedure indigent-defendant mental-health mental-illness restitution social-security social-security-disability Did the District Court err in ordering restitution interest for a defendant with mental illness and lack of income?
22-6809 Mohamed Ibrahim Ahmed v. United States Fifth Circuit 2023-02-16 Denied Response WaivedIFP 404(b)-standard appeal appellate-review criminal-procedure due-process evidence evidence-rule evidentiary-issues evidentiary-test judicial-interpretation legal-uniformity rule-404(b) Is an updated, clear, and uniform test needed for the most common evidentiary issue presented on appeal, Rule 404(b) related issues?
22-6751 Ernest Kyle Dyer v. United States Third Circuit 2023-02-10 Denied IFP appeal appellate-review conditional-guilty-plea federal-criminal-procedure federal-rule-of-criminal-procedure-11(a)(2) harmless-error motion-to-suppress plea-bargaining prevail When a defendant enters a conditional guilty plea, reserving the right to appeal an adverse decision on a motion to suppress, what harmless-error stan…
22-752 Bi Rite Auto Transport, Inc., et al. v. Russell Dilday, et al. California 2023-02-10 Denied 14th-amendment appeal appellate-review civil-procedure constitutional-rights due-process fourteenth-amendment procedural-due-process standing state-court-rules state-law Is California's procedural due process satisfactory?
22-6674 Antonio Collins v. Shelby Searls, Superintendent, Huttonsville Correctional Center Fourth Circuit 2023-02-01 Denied Response WaivedIFP appeal appeal-process civil-rights constitutional-rights due-process habeas-corpus judicial-review petition-denial standing Can a lower court's denial of a petition be further reviewed by a higher court?
22-6687 Robert Dee Carter v. Deon Clayton, Warden Tenth Circuit 2023-02-01 Denied IFP appeal appellate-review brady brady-materiality charges-convicted circuit-court due-process materiality pro-se-status rule-59 rule-60b Did the United States Court of Appeals for the Tenth Circuit depart Brady by artificially heightening the threshold for materiality based on Petitione…
22-6658 Wade Bonk v. United States Seventh Circuit 2023-01-30 Denied Response WaivedIFP appeal circuit-court-ruling conviction criminal-procedure due-process judicial-discretion leadership-role retroactive-application retroactivity sentencing sentencing-enhancement Did the District Court err by refusing to apply the Seventh Circuit's ruling in U.S. v. Carnell retroactively since Petitioner's conviction was not fi…
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
22-6289 Kevin Singleton v. United States Fifth Circuit 2022-12-13 Denied Response WaivedIFP appeal appeal-waiver constitutional-rights criminal-procedure fifth-circuit judicial-review plea-agreement plea-bargaining procedural-history waiver Whether the Fifth Circuit erred by dismissing Mr. Singleton's appeal based on the waiver of appeal provisions in his Plea Agreements
22-488 Darrell Hemphill v. New York New York 2022-11-22 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) appeal confrontation-clause constitutional-error criminal-procedure due-process evidence evidentiary-ruling harmless-error judicial-review out-of-court-statement supreme-court-precedent Whether the improper admission of the out-of-court statement by the alternative suspect was harmless
22-6113 Guillermo Garcia v. James Hill, Warden Ninth Circuit 2022-11-21 Denied IFP appeal appeal-denial civil-procedure civil-rights counsel-appointment district-court due-process legal-error motion-to-appeal petition petition-review standing Whether the lower court made a legal error when denying petitioner's appeal
22-6066 Brent Stephens v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-11-16 Denied IFP 28-usc-2244 28-usc-2254 appeal appeal'\n\n'Whether the Federal Court of Appeals f appeal'\n\n'Whether the U.S. District Court Magist appellate-procedure certificate-of-appealability criminal-procedure due-process exhaustion exhaustion'\n\n'Whether the Federal Court of Appea federal-statute fifth-circuit habeas-corpus judicial-deference jury-trial jury-verdict magistrate-bar procedural-bar sentencing standard-of-review standard-of-review'\n\n'Whether the U.S. District trial-court-authority Whether the Trial Court had the authority to supplant the verdict of the jury on punishment
22-6034 Francis Stock v. Chanelle Braswell, et al. Third Circuit 2022-11-09 Denied IFP appeal appellate-procedure civil-procedure district-court due-process jurisdiction jurisdictional-filing notice notice-of-appeal prisoner-rights service-of-process standing Whether a prisoner's notice of appeal was timely filed when he did not receive notice of the district court's dismissal order within 21 days
22-416 Tuhin Kumar Biswas v. Ethan Rouen, et al. Second Circuit 2022-11-02 Denied 42-U.S.C.-1983 42-usc-1983 appeal appellate-review copyright-act federal-cause-of-action first-amendment plagiarism state-actor Is Copyright Act the only Federal Cause of Action under which Plagiarism can be adjudicated?
22-5951 Cavon C. Clark v. United States Ninth Circuit 2022-10-31 Denied Response WaivedIFP appeal concurrent-sentence consecutive-sentence criminal-appeal due-process recidivism recidivist-enhancement resentencing sentencing vindictiveness Whether a more severe sentence of incarceration must be numerically longer than previous sentences, and whether a consecutive sentence is considered m…
22-5870 Rodney Marshall v. Brian Williams, Warden, et al. Ninth Circuit 2022-10-19 Denied Response WaivedIFP appeal certificate-of-appealability criminal-procedure criminal-sentencing double-jeopardy due-process fair-trial ninth-circuit sentencing Whether the Ninth Circuit erred by denying a certificate of appealability on the question of whether Mr. Marshall's right to be free from double jeopa…
22-5854 Willie Ricardo Gordon v. United States Fourth Circuit 2022-10-18 Denied Response WaivedIFP appeal criminal-procedure drug-crimes drug-weights fourth-circuit obstruction-of-justice presentence-investigation presentence-investigation-report sentencing Did the trial court err in accepting the findings of the presentence investigation report, regarding the weights of the drugs attributable to Mr. Gord…
22-5862 Gregory Ramos v. United States Second Circuit 2022-10-18 Denied Response WaivedIFP appeal constitutional-right criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel second-circuit sixth-amendment Whether the Second Circuit's determination that Petitioner was not denied his right to the effective assistance of counsel consistent with the Sixth A…
22-5865 Charles Smith v. United States Ninth Circuit 2022-10-18 Denied Response WaivedIFP appeal appellate-procedure criminal-conviction criminal-procedure jurisdiction jurisdictional-defect ninth-circuit plea-agreement sentencing waiver Whether the Ninth Circuit erred in dismissing the appeal
22-5811 Matthew Poulin v. United States Seventh Circuit 2022-10-12 Denied Response WaivedIFP alcohol-consumption alcohol-prohibition appeal criminal-procedure district-court due-process reasonableness sentencing supervised-release unreasonable-sentence Whether the district court erred in sentencing Mr. Poulin to twelve months considering the circumstances of the case
22-5772 Rollie Andre Lott v. United States Fifth Circuit 2022-10-05 Denied Response WaivedIFP appeal appeal-procedure civil-rights constitutional-rights due-process hearing-request inmate-mail-system property-forfeiture property-seizure seizure-and-forfeiture Whether the petitioner was denied due process and constitutional rights when the lower court ignored the petitioner's request for a hearing regarding …
22-5775 William Robert Bramscher v. California California 2022-10-05 Denied Response WaivedIFP appeal constitutional-rights conviction criminal-appeal first-amendment hearsay hearsay-evidence presumption-of-innocence right-to-counsel Whether the First Amendment protects the right to advocate that one is innocent of any charged or convicted crime?
22-5762 Jonathan Mattox v. Arizona Arizona 2022-10-04 Denied Response WaivedRelisted (2)IFP appeal arizona-rule-criminal-procedure civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-counsel newly-discovered-evidence post-conviction-relief sentencing standard-of-review statutory-interpretation Correct interpretation of ARS 28-1382(A) and how it should be applied
22-5739 LaTausha Simmons v. Michigan Michigan 2022-10-03 Denied IFP acquittal appeal circuit-court constitutional-protection criminal-prosecution double-jeopardy insufficient-evidence jurisdiction michigan-supreme-court reconsideration Whether the Michigan Supreme Court erred in concluding that the prohibition against double jeopardy did not apply in this case
22-5644 Kevin Griffin v. Thomas P. DiNapoli, et al. Second Circuit 2022-09-22 Denied IFP 14th-amendment appeal appointed-counsel constitutional-rights disability-claims due-process equal-protection fourteenth-amendment newly-discovered-evidence Was petitioner's appeal erroneously dismissed even though newly discovered evidence supports petitioner's disability claims. U.S. Const. Amend. XIV?
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…
22-5658 William L. Whipple v. United States District Court for the Southern District of Florida Eleventh Circuit 2022-09-22 Denied IFP appeal appeal-rights civil-procedure due-process equal-access judicial-review mandamus ministerial-duty standing Can mandamus be deemed as a substitute for appeal when litigant was denied equal access to court and deprived of his due process right to reserve issu…
22-5522 Fernando Cazares v. United States Ninth Circuit 2022-09-12 Denied Response WaivedIFP appeal certificate-of-appealability conspiracy crime-of-violence criminal-procedure due-process general-verdict pinkerton-conspiracy section-241 section-245 sentencing violent-crime Did the court of appeals err in failing to grant a certificate of appealability
22-5537 Joseph William Rendon v. Iowa Iowa 2022-09-08 Denied Response WaivedIFP appeal criminal-procedure due-process habeas-corpus ineffective-assistance sixth-amendment Whether the Petitioner Was Provided Trefrecive Assistance of Counse
22-5446 Jose Francisco Maldonado-Rosa v. United States Fifth Circuit 2022-08-25 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement sentencing waiver waiver-of-rights Whether the Fifth Circuit erred by ruling that Mr. Maldonado waived the right to appeal his sentence
22-128 Michelle Herczeg v. City of Dallas, Texas Texas 2022-08-10 Denied Response Waived appeal appellate-procedure civil-rights constitutional-rights due-process employment-discrimination equal-protection police-misconduct retaliation sexual-harassment Is the denial of a fair trial or appeal rights for a decorated police officer who was a victim of sexual assault and harassment repugnant to the Const…
22-5135 Joshua Jay Schroeder v. United States Ninth Circuit 2022-07-19 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure federal-rules plea-agreement right-to-appeal sentencing Does a defendant retain the right to appeal a sentence if, after imposition of the sentence, the district court advises the defendant of the right to …
22-5018 Michael Allen Long v. United States Fifth Circuit 2022-07-01 Denied Response WaivedIFP appeal appeal-waiver appellate-review criminal-procedure fifth-circuit jurisdiction plea-agreement plea-bargaining procedural-error standard-of-review waiver Whether the Fifth Circuit erred by finding that Mr. Long's appeal should be dismissed based on the waiver of appeal provision in his Plea Agreement
21-8261 Elgin Z. Haynie v. Ohio Ohio 2022-06-29 Denied IFP appeal conviction due-process effective-assistance-of-counsel pro-se-representation sentencing Whether a state court of appeals violates due process when a defendant is denied the right to appeal their conviction and effective assistance of coun…
21-8255 Christopher Alexander Reilly v. United States Fifth Circuit 2022-06-28 Denied Response WaivedIFP 28-usc-2255 appeal appellate-rights certificate-of-appealability due-process ineffective-assistance-of-counsel motion-to-suppress notice-of-appeal section-2255 Whether the district court and court of appeals should have granted a certificate of appealability
21-8256 Ortaz Sharp v. United States Eleventh Circuit 2022-06-28 Denied Response WaivedIFP appeal appellate-procedure due-process government-abandonment government-appeal judicial-discretion party-presentation sentencing sentencing-hearing sineneng-smith statutory-interpretation Whether a court of appeals violates the party-presentation principle
21-8206 Noble Laverne Bennett v. United States Eighth Circuit 2022-06-23 Denied Response WaivedIFP appeal appellate-review constitutional-interpretation criminal-procedure due-process extraordinary-circumstances habeas-corpus judicial-discretion procedural-error sentencing sentencing-review Whether the Eighth Circuit erred in denying Bennett's appeal without an opportunity to be heard
21-8216 Roy Lee Dykes v. United States Fourth Circuit 2022-06-23 Denied Response WaivedIFP appeal criminal-procedure due-process evidence jury-instructions sentencing Whether the Fourth Circuit erred in affirming the district court's rulings on the defendant's motions regarding weapons evidence, prejudicial testimon…
21-8160 Jamie M. Coffey v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-06-16 Denied IFP 14th-amendment appeal appellate-review criminal-procedure due-process griffith-v-kentucky judicial-precedent retroactive-application retroactivity Do the State and Federal courts violate a petitioner's 14th Amendment Right to due process when they decline to apply a new rule governing a criminal …
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
21-1534 Rahila Tarverdiyeva v. Coinbase Global, Inc., aka Coinbase Eleventh Circuit 2022-06-07 Denied Response Waived 11th-circuit-court appeal arbitration arbitration-agreement breach-of-contract contract-defenses federal-arbitration-act fraud fraud-exception judicial-authority theft Whether the Judge exceeded her authority when she ruled only 'breach of contract' and granted compelling arbitration if the Petitioner's claim concern…
21-8070 Mike Allen v. Kaden Adams Tenth Circuit 2022-06-07 Denied Response WaivedIFP appeal civil-procedure due-process failure-to-state-a-claim pro-se standing Can I proceed with my appeal at the SCOTUS?
21-7985 Freddie Glover v. Florida Florida 2022-05-27 Denied Response WaivedIFP appeal capital-crime constitutional-rights criminal-procedure due-process grand-jury information-charging notice opportunity-to-be-heard state-counsel subject-matter Whether Glover's Due Process Rights were violated by not allowing him opportunity to respond to State Counsel Answer Brief prior to the court making a…
21-7959 Salito Marques Good v. United States Fourth Circuit 2022-05-24 Denied Response WaivedIFP appeal criminal-procedure criminal-sentencing double-jeopardy due-process fourth-circuit johnson-precedent sentencing-maximum statutory-interpretation statutory-maximum supervised-release Whether a defendant can be required to serve more than the statutory maximum sentence for his offense of conviction
21-7850 Nawaz Ahmed v. Tim Shoop, Warden Sixth Circuit 2022-05-12 Dismissed IFP ada-disability appeal appellate-jurisdiction clerk-error constitutional-rights counsel-substitution habeas-corpus judicial-procedure motion-to-substitute-counsel pro-se pro-se-motions Question not identified
21-7697 Michael Mirando, aka Michael John Mirando v. United States Ninth Circuit 2022-04-26 Denied Response WaivedIFP appeal appellate-review circuit-split criminal-procedure district-court loss-calculation sentencing-guidelines standard-of-review What standard of review applies to an appeal challenging a district court's methodology for calculating the loss amount under Section 2B1.1 of the Uni…
21-7587 Jose Garcia Solorzano v. United States Seventh Circuit 2022-04-11 Denied Response WaivedIFP acceptance-of-responsibility appeal criminal-procedure criminal-sentencing district-court district-court-discretion reduction-in-sentence sentence-reduction sentencing-guidelines u.s.s.g.-§3e1.1 u.s.s.g.-interpretation Did the district court err in not granting Mr. Solorzano a reduction in sentence for his acceptance of responsibility under U.S.S.G. §3E1.1?
21-7544 Erskine D. Salter v. United States Eleventh Circuit 2022-04-05 Denied Response WaivedIFP appeal appellate-review conflict constitutional-law due-process eleventh-circuit federal-question legal-procedure united-states-constitution Did the Eleventh Circuit Court of Appeals decide a federal question in a way in conflict with the Due Process Clause of the United States Constitution…
21-7507 Valedia Gross v. First NLC Financial Services, LLC, et al. Maryland 2022-03-31 Denied IFP appeal appeal-waiver case-reopening civil-procedure court-intervention default-judgment legal-procedure motion-to-vacate standing timeliness waiver did-the-court-of-special-appeals-err-in-holding-that-ms-gross-waived-her-right-to-appeal
21-1275 Abetubokun Adesioye v. United States Fourth Circuit 2022-03-22 Denied Response Waived appeal appeal-waiver court-of-appeals criminal-appeal criminal-procedure due-process plea-bargaining right-to-appeal rule-11-colloquy sentencing sentencing-guidelines waiver Did the Court of Appeals err in finding that the petitioner knowingly and intelligently waived his right of appeal
21-7405 Joshua Guity-Nunez v. United States Third Circuit 2022-03-17 Denied Response WaivedIFP 18-usc-section-1594 appeal base-offense-level criminal-conviction criminal-law criminal-statute due-process federal-sentencing human-trafficking sentencing sentencing-guidelines statutory-interpretation Whether Petitioner, who was convicted of 18 U.S.C. § 1594(c), is subject to a Base Offense Level of 34 or 14?
21-7380 Frank Henderson Brown v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-03-15 Denied IFP appeal civil-rights closing-arguments due-process evidence-rules ineffective-assistance-of-counsel prosecutorial-misconduct standing trial-court-error Whether the trial court erred in allowing the prosecutor to argue facts not in evidence during closing arguments
21-7321 Eric Labreece Mack v. Texas Texas 2022-03-08 Denied IFP appeal criminal-procedure due-process evidence jury-instructions sentencing standard-of-review Whether the court of appeals erred in finding that Mr. Mack was not entitled to a defensive jury instruction
21-7244 Walter L. Merritte v. Illinois Illinois 2022-03-03 Denied IFP appeal constitutional-law criminal-information criminal-procedure due-process legal-procedure standing state-court trial-court Whether petitioner's due process rights were violated
21-1177 Philip Jay Fetner v. Kevin R. McCarthy Fourth Circuit 2022-02-25 Denied Response Waived appeal appellate-review bankruptcy bankruptcy-court bias constitutional-rights due-process judicial-bias recusal Was Debtor's fundamental right to due process violated by the Bankruptcy Court's bias and failure to recuse itself?
21-7189 Deimeyon Xavier Allen v. Vance Laughlin, Warden Georgia 2022-02-24 Denied Response WaivedIFP appeal certificate-of-probable-cause due-process effective-assistance-of-counsel right-to-be-present subpoena Is the Petitioner afforded due process when filing his Application For Certificate Of Probable Cause?
21-7188 Elishay Banks v. United States Ninth Circuit 2022-02-23 Denied Response WaivedIFP appeal appellate-review counsel-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-error ninth-circuit standard-of-review Is it error by the Ninth Circuit Court of Appeals to fail to consider the petitioner's argument concerning the ineffective assistance of counsel obvio…
21-7169 Latwon James v. United States Fourth Circuit 2022-02-22 Denied Response WaivedRelisted (2)IFP appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a plea-agreement-waiver
21-7170 Deborah Bowers and Steve S. Jabar, aka Steve Shariff, aka Satar Jabar, aka Kamal Jabar, aka Kamal Jamel v. United States Second Circuit 2022-02-22 Denied Response WaivedIFP 18-usc-1001 appeal appellate-review criminal-procedure false-statements fraud fraud-theory indictment materiality materiality-standard prosecutorial-discretion statutory-interpretation May a court of appeals reinstate a verdict on a theory of fraud that was not pled in the indictment, not sought to be proven or argued at the trial, n…
21-7142 C. Holmes v. Blue Cross Blue Shield of South Carolina, Inc., et al. Fourth Circuit 2022-02-17 Denied Relisted (3)IFP appeal appellate-jurisdiction article-iii-court civil-procedure de-novo-review dispositive-motions due-process judicial-review magistrate magistrate-referral standard-of-review Whether this Court should grant writ of certiorari regarding denial of the timely request for the substantial right of de novo determination by Articl…
21-7112 Sophana Sovann v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2022-02-14 Denied Response WaivedIFP appeal certificate-of-appealability civil-procedure civil-rights due-process habeas-corpus notice-of-judgment pro-se right-to-appeal Was a pro se state prisoner denied his right to appeal the District Court's order denying his habeas corpus petition?
21-1103 Raul A. Pelaez, as Limited Guardian of the Person and Property of John Poul Pelaez, Ward v. Government Employees Insurance Company Eleventh Circuit 2022-02-10 Denied appeal circuit-court civil-procedure due-process fourteenth-amendment judicial-bias judicial-impartiality procedural-fairness whether-due-process-warrants-judicial-disqualification
21-7073 Nathaniel Collins v. Alabama Alabama 2022-02-08 Denied Response WaivedIFP appeal constitutional-rights criminal-procedure due-process electronic-hearing in-person-hearing probation trial-court-objection video-conference virtual-hearing Whether a virtual, video conference, or other hearing that takes place using an electronic or computer medium is sufficient to meet the due process re…
21-7026 Nehemias Samayoa v. United States District of Columbia 2022-02-01 Denied Response WaivedIFP appeal appeal-withdrawal civil-rights coercion dual-sovereignty due-process effective-assistance-of-counsel federal-jurisdiction indigent-defendant standing state-court-judgment Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint new counsel to represent an indigent defendant who wi…
21-6984 Hamid Michael Hejazi v. Oregon Oregon 2022-01-27 Denied Response WaivedIFP appeal appellate-review civil-procedure court-procedure due-process fraud judgment judgment-standard legal-appealability motion-dismissal procedural-rules standing Question not identified
21-6985 Hamid Michael Hejazi v. Oregon Oregon 2022-01-27 Denied Response WaivedIFP appeal case-review civil-procedure contempt court-jurisdiction due-process fraud-upon-court judicial-review legal-standing petition-review standing sub-judice Is it fair, just, sound, and prudent that the denial and dismissal of a motion for relief from a judgment for fraud upon the court be considered to be…
21-1047 Annick Roy, as Special Administrator of the Estate of Jean-Guy Veilleux, Deceased, et al. v. Canadian Pacific Railway Company First Circuit 2022-01-27 Denied Amici (1) appeal appeal-tolling bankruptcy-court bankruptcy-procedure civil-procedure district-court federal-rules judicial-review title-11 Whether the Federal Rules of Bankruptcy Procedure govern procedure in district court cases that are merely 'related to a case under title 11
21-6907 Linda Baldwin v. Zurich American Insurance Company Fifth Circuit 2022-01-19 Denied Response WaivedIFP appeal citizenship civil-procedure class-action class-decertification constitutional-law due-process equal-protection equitable-tolling privileges-and-immunities Whether the Ninth Circuit erred in applying equitable tolling to allow an untimely petition for permission to appeal a class decertification order
21-6845 In Re Willie S. Smith 2022-01-13 Denied Relisted (2)IFP acquittal appeal appellate-review constitutional-injury criminal-procedure due-process judgment-of-acquittal judicial-discretion legal-remedy usurpation-of-power Is it clear and indisputable that respondent Judges have a duty to enter a judgement of acquittal pursuant to 'Ball' and Crim. Rule 29?
21-6630 Daniel A. Rodriguez v. United States Eleventh Circuit 2021-12-16 Denied Relisted (2)IFP 28-usc-455 appeal appellate-rights criminal-procedure due-process federal-statute guilty-plea judicial-recusal recusal waiver-of-rights Whether an unconditional guilty plea waives a federal criminal defendant's right to appeal a district court's failure to recuse under 28 U.S.C. § 455(…
21-881 Linda Shao v. McManis Faulkner, LLP California 2021-12-14 Denied Relisted (2) appeal appellate-procedure civil-procedure conflicts-of-interest court-jurisdiction due-process filing judicial-bias procedural-irregularity vexatious-litigant Question not identified
21-6583 Roger Edward Picard v. United States First Circuit 2021-12-13 Denied Response WaivedIFP appeal criminal-procedure due-process judicial-discretion jurisdiction jurisdictional-challenge mental-health-assessment rule-35 rule-35-motion sentencing sentencing-procedure Did the First Circuit err in denying a jurisdictionally sound motion filed pursuant to Fed.R.Crim.P. 35(a)
21-6561 Gerald Aranoff v. Susan Aranoff New York 2021-12-08 Dismissed Relisted (2)IFP appeal civil-divorce civil-procedure civil-rights due-process elderly-citizen-rights fraud international-jurisdiction judicial-fraud qdro standing supreme-court-appeal Can an elderly USA citizen living in Israel continuously since July 9, 1991 except for 1 week August 1992, appeal to the United States Supreme Court t…
21-6520 Mark J. Zimny v. United States First Circuit 2021-12-06 Denied Response WaivedIFP appeal appellate-court due-process motion-for-summary-disposition reasonable-jurists substantial-question summary-disposition supreme-court-precedent Did an appellate court contravene Supreme Court precedent by granting the government's motion for summary disposition?
21-6437 J. S. v. Kansas Kansas 2021-11-30 Denied Response WaivedIFP appeal constitutional-rights due-process effective-counsel fourteenth-amendment ineffective-assistance right-to-appeal sixth-amendment Did J.S. have a Fourteenth Amendment right to be advised by the Court of his right to appeal?
21-6379 Keith R. Gomez v. Ron Haynes, Superintendent, Stafford Creek Corrections Center Ninth Circuit 2021-11-23 Denied Response WaivedIFP appeal civil-rights constitutional-rights criminal-procedure due-process habeas-corpus judicial-review legal-remedy sentencing state-court substantive-rights Whether Petitioner had a Constitutional right to be informed and/or Notified of 'right to appeal' after erroneously being sentenced, via 'corrected or…
21-759 WeBuildTheWall, Inc. v. United States Second Circuit 2021-11-22 Dismissed appeal appellate-jurisdiction asset-forfeiture asset-restraint criminal-procedure due-process ex-parte-order forfeiture-statute injunction standing Can a non-party whose assets were restrained by a District Judge presiding over a criminal case, and who was blocked from a timely opportunity to be h…
21-6351 Holly Harvey v. Georgia Georgia 2021-11-19 Denied Response WaivedIFP appeal appellate-procedure civil-rights constitutional-challenge constitutional-law due-process ineffective-assistance judicial-review legal-standard standing Whether the right to a direct appeal can be waived, diminished or abandoned due to a silent record?
21-6196 I. A. v. Kansas Kansas 2021-11-05 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal civil-rights constitutional-law criminal-procedure due-process fourteenth-amendment ineffective-assistance legal-representation right-to-appeal standing Did I.A. have a Fourteenth Amendment right to be informed of his right to appeal?
21-648 Edward Hedican v. Walmart Stores East, L.P., et al. Seventh Circuit 2021-11-03 GVR Amici (1)Response RequestedResponse WaivedRelisted (4) appeal appellate-procedure certiorari civil-procedure intervention legal-standard motion-to-intervene post-judgment standing statutory-right timeliness Whether the Seventh Circuit erred in holding that Petitioner's post-judgment motion to intervene for the sole purpose of filing a petition for certior…
21-6013 Zachary Scott Reed v. Michael Dixon, et al. Eighth Circuit 2021-10-20 Denied Response WaivedIFP appeal appellate-review civil-procedure civil-rights clear-error due-process judicial-fairness pro-se-plaintiff qualified-immunity standing Whether the failure of the district court and the appellate court to ensure an earlier legal decision is fair and just and subsequent disregard of a p…
21-6014 Yina Maria Castaneda Benavidez, aka La Reina, aka Ingeniera v. United States Eleventh Circuit 2021-10-19 Denied Response WaivedIFP appeal conspiracy constitutional-rights criminal-law criminal-procedure drug-trafficking due-process evidence evidence-standard knowledge-element sentencing sentencing-disparity Did the Eleventh Circuit reversibly err in affirming a conviction for which the Government failed to prove the essential element of knowledge or reaso…
21-5988 Stephen B. Jones, Sr. v. Maryland Maryland 2021-10-15 Denied Response WaivedRelisted (2)IFP appeal constitutional-law constitutional-provisions criminal-procedure due-process judicial-review jurisdiction legal-reasoning procedural-rules speedy-trial statutory-provisions Did the trial court err?
21-5822 Tahji Antonio Eley, et al. v. United States Fourth Circuit 2021-09-29 Denied Response WaivedIFP appeal certificate-of-appealability crime-of-violence criminal-law due-process federal-jurisdiction hobbs-act-robbery section-924(c) sentencing statutory-interpretation Whether Hobbs Act Robbery is a 'crime of violence' under 18 U.S.C. § 924(c)(8)
21-5783 Brian D. Smith v. Montana Montana 2021-09-24 Denied Response WaivedIFP appeal criminal-procedure critical-stage due-process equal-protection ineffective-assistance-of-counsel plea-bargaining plea-withdrawal post-conviction procedural-default right-to-counsel sentencing Is a motion to withdraw guilty plea considered a 'critical stage' requiring the assistance of counsel?
21-5603 Alphonse Gainer v. United States Eleventh Circuit 2021-09-08 Denied Response WaivedIFP abuse-of-discretion appeal appellate-discretion criminal-justice criminal-sentencing eleventh-circuit first-step-act motion-for-reconsideration motion-reconsideration sentence-reduction sentencing Whether the United States Court of Appeals for the Eleventh Circuit abused its discretion in denying Gainer's Motion for Reconsideration of Denial of …
21-5558 William Paul Langrum, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-01 Denied IFP aedpa aedpa-limitations appeal criminal-procedure habeas-corpus ineffective-assistance investigation pre-trial-investigation presumption-of-prejudice statute-of-limitations strickland-standard whether-the-facts-supporting-the-first-and-fourth-grounds-became-or-could-have-become-known-prior-to-the-date-on-which-the-conviction-became-final
21-5543 Louis Matthews v. United States Ninth Circuit 2021-08-31 Denied Response WaivedIFP appeal appellate-review circuit-court-conflict conspiracy conspiracy-charge federal-law indictment judgment-acquittal ninth-circuit plain-error Did the Ninth Circuit err in upholding a conviction for a conspiracy other than the conspiracy charged in the indictment?
21-284 In Re Mathew Ryan Byrd 2021-08-27 Denied Response Waived appeal appellate-review covid-19 criminal-procedure due-process fourth-circuit incarceration mandamus medical-conditions medical-risk whether-the-fourth-circuit-abused-its-discretion-in-failing-to-render-a-timely-decision
21-5451 John M. Wasson v. United States Ninth Circuit 2021-08-23 Denied Response WaivedIFP appeal criminal-procedure criminal-trial due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions legal-counsel mining-claim right-to-counsel Was defendant provided adequate counsel?
21-5404 Maria Teresa Duarte Godinez v. United States Fifth Circuit 2021-08-17 Denied Response WaivedIFP appeal appellate-review criminal-procedure disparities due-process judicial-discretion plea-bargaining sentence-disparity sentencing sentencing-waiver waiver whether the appellate court erred in enforcing the waiver keeping the defendant from appealing her sentence in violation of her due process rights
21-190 Carlos W. Santiago v. Josean Toucet, et al. Puerto Rico 2021-08-11 Denied Relisted (2) appeal appellate-rights confession confession-suppression criminal-procedure due-process equal-protection judicial-misconduct trial-transparency If due process of law is violated when a judge in a hidden trial disappears and erases from his judgment the confession obtained through strong cross-…
21-5185 Lexton Pellew v. United States District of Columbia 2021-07-22 Denied Response WaivedIFP appeal conviction-count criminal-procedure double-jeopardy due-process jury-instruction jury-instructions legal-review sentence-calculation sentencing sentencing-error Whether the convictions on counts 13-14 should be vacated due to erroneous jury instructions, given that the 10-year consecutive sentence was derived …
21-5143 Cathy Carr v. National Presto Industries, et al. Fifth Circuit 2021-07-20 Denied Response WaivedIFP appeal appeal-reinstatement civil-procedure civil-rights due-process equal-protection judicial-review legal-rights procedural-fairness standing Was the petitioner denied fair due process and equal protection or other rights, and are there any reasons to reopen or reinstate her appeal?
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…
21-5109 Everett Jerome Tripodis v. United States Eleventh Circuit 2021-07-14 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-review bail-reform-act dangerousness due-process non-dangerous-offense pretrial-detention prolonged-detention statutory-interpretation whether-court-must-resolve-legal-questions
20-8343 Joseph Jenkins v. United States Second Circuit 2021-06-17 Denied Response WaivedIFP appeal appearance-of-impropriety appellate-procedure constitutional-review due-process judicial-bias laws-of-case mandate-rule panel-composition sentencing Questions Presented
20-8250 Nathaniel Howard Thomas v. United States Fifth Circuit 2021-06-08 Denied Response WaivedIFP access-to-courts appeal appellate-rights civil-rights constitutional-rights covid-19 due-process federal-prisons legal-resources prison-access prisoner-litigation Was the petitioner denied due process of law during the COVID-19 pandemic due to federal prison closures?
20-8228 John Campbell v. United States Fourth Circuit 2021-06-04 Denied Response WaivedIFP appeal armed-bank-robbery bank-robbery count-severance criminal-procedure evidence evidence-suppression firearm-possession jury-instructions sentencing sentencing-enhancement Did the district court incorrectly decline to charge the jury on a key element of armed bank robbery?
20-8108 Roy Lee Dykes v. United States Fourth Circuit 2021-05-21 Denied Response WaivedIFP appeal appellate-procedure bail bond bond-motion criminal-procedure due-process fourth-circuit habeas-corpus judicial-review legal-standard motion-denial Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Dykes' Motion for Release on Bond pending appeal?
20-1583 Jeffrey Olson v. Minnesota Commissioner of Revenue Minnesota 2021-05-14 Denied Response Waived administrative-procedure appeal commissioner-order commissioner's-order due-process mail-notice ordinary-mail procedural-due-process tax-appeal tax-assessment tax-procedure Whether issuance of a Commissioner's order by ordinary mail meets constitutional requirements of procedural due process
20-7949 Terry Kent Holcomb, II v. Rick Whitten, Warden Tenth Circuit 2021-05-06 Denied IFP appeal constitutional-right due-process evidence evidentiary-ruling federal-court habeas-corpus probative-evidence section-2254 state-court tenth-circuit Did the Tenth Circuit err in holding that the admitted evidence at trial established the same probative facts as the rejected evidence, without determ…
20-7931 Oscar Segura-Resendez v. United States Fifth Circuit 2021-05-05 Denied Response WaivedIFP appeal constitutional-due-process due-process ex-post-facto fifth-circuit guidelines harmless-error post-conviction-relief sentencing sentencing-retroactivity Whether violation of the ex post facto clause of the U.S. Constitution is harmless if the specific definition of the conduct was done by the court
20-7872 Jeremy Darnell Morton v. United States Sixth Circuit 2021-04-28 Denied Response WaivedIFP 4th-amendment appeal attempt-offense career-offender controlled-substance criminal-procedure guideline-range harmless-error search-and-seizure sentencing Did the court of appeals err in using the harmless error rule to resolve the illegal search and seizure of $8,300?
20-7784 Bryan Keith Goins v. United States Sixth Circuit 2021-04-15 Denied Response WaivedIFP appeal appellate-review court-jurisdiction criminal-procedure due-process filing-deadline ineffective-assistance-of-counsel judicial-interpretation legal-timeliness procedural-requirements sentencing writ-of-certiorari Whether the petitioner's sentence was unconstitutional
20-7691 Ernest Donald Washington v. Tammy Williams, Warden, et al. Fourth Circuit 2021-04-08 Denied IFP appeal civil-rights constitutional-claims criminal-procedure due-process evidence federal-jurisdiction habeas-corpus ineffective-assistance jurisdiction ninth-circuit procedural-default Whether the district court lacked subject matter jurisdiction to try the petitioner
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…
20-1371 Bart Posey, Sr. v. United States Sixth Circuit 2021-03-31 Denied Response Waived appeal appellate-counsel constitutional-right criminal-procedure due-process duty-to-consult habeas-corpus ineffective-assistance right-to-counsel Whether the duty to consult about an appeal requires the effective assistance of counsel
20-7594 Rashawn Donnell Williams v. United States Fourth Circuit 2021-03-29 Denied Response WaivedIFP appeal conviction criminal-procedure due-process sentencing statutory-interpretation Whether the 3-judge panel incorrectly upheld the petitioner's conviction and sentence despite the holdings in U.S. v. Davis and Davis v. U.S. that wer…
20-7543 Victor Real-Alomar, aka Toston v. United States First Circuit 2021-03-24 Denied Response WaivedIFP appeal appeal-waiver burden-of-proof constitutional-rights criminal-procedure first-amendment ninth-amendment plea-agreement plea-bargaining pretrial-detainee waiver Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the governme…
20-7529 Brian E. Moore v. United States District of Columbia 2021-03-23 Denied Response WaivedIFP appeal attorney-client-privilege criminal-intent evidence obstruction threats Are mere statements of intent to commit a crime made in the course of an attorney-client representation protected by the attorney-client privilege?
20-7505 Olin Matice Gaskins v. West Virginia West Virginia 2021-03-18 Denied Response WaivedIFP appeal constitutional-rights direct-appeal due-process equal-protection federal-law fourteenth-amendment legal-procedure retroactivity state-court supreme-court Did the Supreme Court of Appeals of West Virginia violate clearly established federal law and petitioner's Fourteenth Amendment rights when it failed …
20-7476 Jose Armondo Ramos Cabrera v. United States Fourth Circuit 2021-03-17 Denied Response WaivedIFP appeal criminal-appeal criminal-procedure defendant-objection due-process firearm-possession firearms fourth-circuit sentencing sentencing-enhancement standard-of-review two-level-enhancement Whether the court erred when it denied defendant's objection to the two level enhancement for possession of a firearm
20-7428 Aldo Marones v. Aaron D. Ford, Attorney General of Nevada, et al. Ninth Circuit 2021-03-11 Denied Response WaivedIFP appeal civil-rights due-process evidence firearms sentencing Whether the sentencing court erred in imposing a 100-year sentence for a weapons-related conviction
20-7316 Jose Luis Morales v. Stuart Sherman, Warden Ninth Circuit 2021-03-03 Denied IFP appeal appellate-review district-court-discretion effective-counsel first-appeal post-conviction post-judgment-appeal sixth-amendment state-statutory-right statutory-right Does the Sixth Amendment right to effective counsel on appeal apply to a case when the appeal takes place years after conviction and the defendant had…
20-1207 Alexander Balbuena v. Brian Cates, Acting Warden Ninth Circuit 2021-03-02 Denied Amici (1)Relisted (2) aedpa amendment appeal appellate-procedure circuit-split federal-courts habeas-corpus habeas-petition petition-amendment second-or-successive Whether a district court filing that seeks to amend a habeas petition pending on appeal constitutes a 'second or successive' petition under the Antite…
20-7294 James Peter Sabatino v. United States Eleventh Circuit 2021-03-02 Denied Response WaivedIFP 11th-circuit appeal appellate-procedure civil-rights communication-rights criminal-procedure district-court due-process mootness statutory-interpretation Whether the Eleventh Circuit Court of Appeals erred in dismissing petitioner's appeal as moot
20-1140 Angela W. DeBose v. University of South Florida Board of Trustees, et al. Eleventh Circuit 2021-02-19 Denied appeal appeal-rights civil-procedure consolidation due-process final-judgment pro-se-litigant rule-42-consolidation rules-enabling-act self-representation substantive-right substantive-rights Whether a Rule 42 consolidation can deprive a party of a substantive right—the right to an appeal from a final judgment—when the Rules Enabling Act pr…
20-7168 Loren Joel McReynolds v. United States Ninth Circuit 2021-02-19 Denied Response WaivedIFP appeal appellate-review base-offense-level criminal-procedure firearms-offense reasonableness-standard sentencing sentencing-guidelines standard-of-review ussg-2k2.1 Whether the court's calculation of McReynolds' base offense level was erroneous?
20-7132 Roy Lee Dykes v. United States Fourth Circuit 2021-02-11 Denied Response WaivedIFP appeal appellate-procedure bail bond bond-motion criminal-procedure due-process fourth-circuit habeas-corpus judicial-review legal-standard motion-denial Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Dykes' Motion for Release on Bond pending appeal?
20-7096 Brian Edward Reynolds v. United States Eighth Circuit 2021-02-10 Denied Response WaivedIFP appeal civil-rights criminal-procedure due-process eighth-circuit exclusionary-rule federal-court mandate search-and-seizure standing Whether the district court erred in denying the petitioner's motion to suppress evidence obtained in violation of the Fourth Amendment
20-7018 Lawrence Westbrook, III v. United States Sixth Circuit 2021-02-03 Denied Response WaivedIFP appeal appellate-review criminal-procedure criminal-sentencing district-court district-court-discretion enhancement firearm-enhancement firearms sentencing-guidelines united-states-sentencing-guidelines Whether the district court erred by applying a six-level enhancement pursuant to USSG § 2K2.1(b)(1)(C)
20-6967 Justin Loper v. United States Ninth Circuit 2021-01-28 Denied Response WaivedIFP appeal appellate-procedure constitutional-challenge conviction crime-of-violence due-process hobbs-act hobbs-act-robbery sentencing statutory-interpretation Whether the court of appeals erred in dismissing the appeal where the conviction and sentence were unconstitutional because Hobbs Act robbery is not a…
20-987 Spielbauer Law Office v. Midland Funding, LLC, et al. California 2021-01-25 Denied appeal civil-procedure constitutional-taking due-process entry-of-judgment judicial-discretion notice-of-appeal procedural-rights statutory-interpretation takings If a statute appears to reasonably permit the filing of a notice of appeal upon entry of order or entry of judgment, is it a denial of due process of …
20-6845 Tony Tran v. Wisconsin Wisconsin 2021-01-12 Denied Response WaivedIFP appeal confrontation-clause credibility criminal-procedure due-process evidence Whether the circuit Court erred where the court ruled that Tran could not elicit evidence to attack the credibility of Tran's accuser
20-6765 Kevin Wayne Dickson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-04 Denied IFP appeal appellate-procedure civil-rights constitutional-interpretation due-process expert-witness ineffective-assistance-of-counsel judicial-review legal-sufficiency standard-of-review state-court-review Whether the Fifth Court of Appeal committed error in concluding that the appellant's ineffective assistance of counsel claim could not be reviewed on …
20-6686 Benjamon Ray Stewart v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-12-22 Denied IFP appeal appellate-jurisdiction civil-rights constitutional-rights counsel-appointment due-process effective-assistance-of-counsel federal-criminal-procedure habeas-corpus standing supreme-court-review Whether the Texas' 'procedural' scheme for addressing claims of ineffective assistance of trial counsel on direct appeal denies petitioner his fundame…
20-6599 Randy Dominguez v. United States Fifth Circuit 2020-12-10 Denied IFP appeal circuit-split criminal-procedure good-faith in-forma-pauperis retained-counsel Whether a criminal defendant represented by retained counsel in the district court must show that his appeal is taken in good faith to proceed in form…
20-6536 In Re Vinodh Raghubir 2020-12-04 Dismissed IFP appeal civil-rights conspiracy court-integrity due-process federal-proceedings habeas-corpus judicial-misconduct legal-procedure malicious-prosecution predetermination Whether the Petitioner's constitutional rights were violated when the Respondents conspired to predetermine the outcome of federal proceedings prior t…
20-6537 Tamara Rouhi v. CVS Pharmacy, et al. Fourth Circuit 2020-12-04 Denied IFP appeal appeals-court case-dismissal civil-procedure district-court due-process fraud injustice judicial-misconduct legal-procedure procedural-error standing Question not identified
20-6522 Ricky Vincent Pendleton v. Terry C. Hamrick, et al. West Virginia 2020-12-03 Denied IFP access-to-courts appeal appeal-preparation constitutional-rights court-reporter due-process grand-jury grand-jury-transcripts indigent-prisoner transcripts Whether indigent prisoner's constitutional rights were violated by court reporter's denying him access to the grand jury transcripts requested to prep…
20-752 Gavin B. Davis v. California California 2020-12-01 Denied Relisted (2) appeal appellate-review civil-rights criminal-procedure due-process judicial-discretion plea-bargaining plea-withdrawal sentencing totality-of-circumstances Did the 4% Dist., Div. 1, Court of Appeal, California, err in its inquiry and application of Boykin-Tahl analysis under its 'totality of circumstances…
20-6374 Terrance Nathaniel Brown, Jr. v. United States Fourth Circuit 2020-11-18 Denied Relisted (2)IFP appeal appellate-review criminal-law drug-conspiracy fourth-circuit harmless-error sentencing united-states-v-harchulik Whether the Court of Appeals misapplied the harmless error doctrine announced in United States v. Harchulik, regarding Brown's sentence for drug consp…
20-6376 Sean Jason Harstine v. United States Fourth Circuit 2020-11-18 Denied Response WaivedIFP age-of-defendant appeal breaking-and-entering criminal-history due-process juvenile-offender juvenile-offenses point-calculation sentencing sentencing-guidelines statutory-interpretation Whether it was error to count criminal history points for four 2004 breaking-and-entering convictions when the defendant was only 17 years old at the …
20-6266 Mario Salas v. United States Fourth Circuit 2020-11-10 Denied Response WaivedIFP appeal appellate-power case-error civil-rights due-process extraordinary-circumstances habeas-corpus judicial-review rule-60b standing Whether the unique facts of Petitioner's case reveal extraordinary circumstances justifying relief from the Habeas Judgment under Rule 60(b)(6)
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
20-6228 Helen Le v. Molly C. Dwyer, et al. Ninth Circuit 2020-11-05 Denied IFP appeal civil-procedure contempt-order due-process fraud standing Whether the contempt order issued by Judge Kimberly J. Mueller against the petitioner was proper and lawful
20-577 Moaze Ibrahim v. United States Second Circuit 2020-10-30 Denied Response Waived appeal civil-rights criminal-procedure due-process jurisdiction sentencing Question not identified
20-471 Y. W. v. Patricia Aufiero, et al. Third Circuit 2020-10-09 Denied appeal appellate-jurisdiction circuit-split civil-procedure dismissal finality finality-doctrine judicial-procedure microsoft-baker-precedent microsoft-corp-v-baker without-prejudice without-prejudice-dismissal Whether the mere using of the word 'dismissed' is enough to make an order final within the meaning of 28 U.S.C. 1291
20-5880 Deepak Deshpande v. United States Eleventh Circuit 2020-10-01 Denied Response WaivedIFP appeal appellate-review civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction meaningful-access statutory-interpretation transcript Whether the petitioner's right to meaningful access to the courts and meaningful appeal of a criminal conviction was violated by the lower courts' den…
20-5861 Alijah Jaquez Mitchell v. United States Fourth Circuit 2020-09-30 Denied Response WaivedIFP appeal crime-of-violence criminal-law federal-criminal-law federal-jurisdiction hobbs-act sentencing sentencing-enhancement statutory-interpretation violent-crime weapons-offense Whether a Hobbs Act robbery is a crime of violence for purposes of 18 U.S.C. § 924(c)
20-5740 Edward Mahan v. United States Fifth Circuit 2020-09-17 Denied Response WaivedIFP 18-USC-3553a appeal criminal-procedure downward-adjustment drug-offense due-process government-misconduct plea-agreement safety-valve sentencing sentencing-guidelines Did the district court err by allowing the government to violate the plea agreement?
20-5661 Monty Marcellus Shelton v. United States Fifth Circuit 2020-09-11 Denied Response WaivedIFP access-to-courts appeal civil-procedure due-process in-forma-pauperis standing Whether the lower court's dismissal of the petitioner's appeal for failure to pay court fees violated the petitioner's due process rights
20-258 Alvin E. Medina v. Federal Aviation Administration Federal Circuit 2020-09-01 Denied Response Waived appeal appeal-rights arbitration arbitration-decision civil-procedure due-process equitable-tolling judicial-review notice notice-of-appeal pro-se pro-se-litigant whether-the-failure-to-provide-notice-of-appeal-rights-with-arbitrator's-decision-and-certificate-of-service-to-pro-se-litigants-warranted-a-favorable…
20-5461 Jose Camilo v. New Jersey State Parole Board New Jersey 2020-08-28 Denied IFP appeal appellate-review civil-rights constitutional-violation due-process extended-term parole parole-board retaliation retaliatory-action sentencing Whether the petitioner's case is similar to Trantino v. State of N.J. Parole Board, where the petitioner was issued a retaliatory extended term senten…
20-5533 Gayle McNamara v. United States First Circuit 2020-08-27 Denied Response WaivedIFP appeal appellate-review criminal-history district-court-error downward-variance judicial-discretion offense-level sentencing-guidelines standard-of-review Should the petitioner's appeal be reinstated?
20-5524 Ranau D. Johnson v. Ohio Ohio 2020-08-26 Denied Response WaivedIFP appeal appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel ohio-appellate-rule sixth-amendment unit-of-prosecution Can the State Court deprive the Appellant the fundamental right to effective assistance of Appellate Counsel?
20-5467 Carlos Michael Lopez v. Texas Texas 2020-08-24 Denied IFP adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process garza-v-idaho inherent-powers sua-sponte-dismissal waiver Does due process require courts to treat at least some claims as unwaiveable on appeal?
20-5446 Jin H. Zheng v. United States Seventh Circuit 2020-08-21 Denied Response WaivedIFP appeal appellate-review circuit-court-procedure civil-procedure interlocutory-appeal jurisdiction jurisdictional-challenge motion-for-new-trial precedent standing supreme-court-certiorari uniformity Jurisdiction of an appeal of an interlocutory order
20-5388 Michael J. Buck v. Texas Texas 2020-08-18 Denied Response WaivedIFP adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process inherent-powers sua-sponte sua-sponte-dismissal waiver Whether due process requires courts to treat certain claims as unwaivable on appeal, whether due process guarantees a limited right to appeal, and whe…
20-5355 Eddie David Cox v. United States Eighth Circuit 2020-08-14 Denied Response RequestedResponse WaivedRelisted (3)IFP appeal circuit-split constitutional-law criminal-procedure double-jeopardy due-process resentencing sentencing Whether the Double Jeopardy Clause bars resentencing on counts for sentences a defendant has already served?
20-5356 Jabarr Ryeheine Rudolph v. United States Fourth Circuit 2020-08-14 Dismissed Response WaivedIFP acceptance-of-responsibility appeal cocaine-base criminal-appeal criminal-procedure drug-weight due-process obstruction-of-justice sentencing-guidelines standard-of-review Whether the circuit court of appeals erred in the assessment of a two point enhancement against the appellant for obstruction of justice
20-5237 Kenneth Lee Manhard v. Florida Florida 2020-08-03 Denied Response WaivedIFP appeal collision-liability criminal-procedure due-process equal-protection license-suspension miranda-rights sentencing vehicular-manslaughter Was he denied equal protection of the law?
20-5006 Manuel Olivas-Guevara v. United States Fifth Circuit 2020-07-09 Denied Response WaivedIFP abduction appeal appeal-timeliness base-offense-level civil-procedure dismissal district-court jurisdiction robbery sentencing-guidelines standing timeliness Did the panel err by dismissing the appeal for timeliness?
19-8886 Jon Edward Erickson v. Thomas E. Collins, Judge, Superior Court of Arizona, Cochise County, et al. Arizona 2020-07-01 Denied Relisted (2)IFP 5th-amendment 6th-amendment appeal appellate-review constitutional-rights criminal-procedure double-jeopardy due-process trial-record trial-records Did the trial court err in violating the Petitioner's 5th and 6th Amendment rights, by failing to provide/produce the records and transcripts of the f…
19-8852 Madhu Sameer v. Sameer Khera California 2020-06-29 Denied Relisted (2)IFP appeal appellate-procedure civil-procedure civil-rights document-access due-process judicial-misconduct section-1983 standing transcript transcript-denial Whether dismissal of appeal for refusal of the lower courts to provide designated records and transcripts for appeal constitutes deprivation of civil-…
19-1432 Charles Rainer Sinek v. United States Second Circuit 2020-06-29 Denied Response Waived appeal criminal-procedure due-process federal-rules-of-criminal-procedure jury-instructions prejudice rule-30 summation Whether a defendant must show an explicit, verbatim contradiction between arguments made in summation and a jury instruction delivered in violation of…
19-8663 Tesa Keith v. United States Fifth Circuit 2020-06-10 Denied Response WaivedIFP appeal criminal-statute facial-challenge federal-courts federal-law plea-agreement procedural-challenge waiver Whether facial challenges to a federal criminal statute may be waived by plea agreement?
19-8625 Dedric Davis v. Florida Florida 2020-06-05 Denied IFP appeal criminal-procedure double-jeopardy due-process judgment-of-acquittal legal-standard motion petitioner standard-of-review sufficiency-of-evidence trial-court Whether the trial court erred in not granting petitioner's motion for judgment of acquittal
19-8559 Christopher Scott Jepsen v. United States Eighth Circuit 2020-05-29 Denied Response WaivedIFP appeal appellate-review child-pornography criminal-law due-process federal-conviction prior-judgment sentencing sentencing-enhancement void-judgment Whether the United States Court of Appeals for the Eighth Circuit erred by concluding that Mr. Jepsen was subject to an enhanced sentence for his fede…
19-1320 Veronica M. Johnson v. Rock Solid Janitorial, Inc., et al. Virginia 2020-05-29 Denied appeal civil-case civil-procedure civil-rights constitutional-violation de-novo-review due-process judicial-procedure jury-trial motion-to-dismiss remand standing Whether the second Judge who presided in Plaintiffs civil case violated the Constitution by denying Plaintiff's demand for a jury trial, again, after …
19-1251 Arthur O. Armstrong v. School District of Philadelphia, et al. Third Circuit 2020-04-28 Denied 14th-amendment access-to-courts appeal appeals civil-rights constitutional-violation discrimination due-process employment equal-protection equal-protection-clause fourteenth-amendment official-discrimination school-district Whether School District of Philadelphia discharged the petitioner from his teaching position without due process of law
19-8305 Kinsley Ononuju v. Virginia Virginia 2020-04-19 Rehearing Relisted (2)IFP appeal appellate-review constitutional-rights criminal-procedure due-process equal-protection indigence indigent-defendant transcript transcript-cost Whether Virginia's law mandating government to defray cost of trial transcript only for indigent felons, but not indigent misdemeanants, violates Equa…
19-8170 Joe Robert Reynolds v. North Carolina North Carolina 2020-04-02 Denied IFP appeal civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance post-conviction-relief sentencing Whether the defendant was arrested without a warrant and whether the defendant's attorneys' actions were part of the case strategy
19-1183 Odyssey Contracting Corp. v. L & L Painting Co., Inc. Third Circuit 2020-03-30 Denied Response Waived -appeal-waiver -judicial-interpretation -procedural-waiver -stipulation-rights -third-circuit-ruling #NAME? appeal appeal-right civil-procedure consent-judgment final-judgment standing third-circuit thomsen-v-cayser united-states-v-procter-gamble waiver Whether a stipulation forfeits the right of appeal from the final judgment
19-8129 Charles Ben Bounds v. United States Fifth Circuit 2020-03-27 Denied Response WaivedIFP appeal bounds-case court-of-appeals criminal-appeal criminal-procedure due-process fifth-circuit jurisdiction legal-review sentence-enhancement sentencing statutory-interpretation Whether the Fifth Circuit Court of Appeals erred in affirming the application of Sentence Enhancement
19-8052 Mohamed A. Almahmmody v. Tennessee Tennessee 2020-03-20 Denied Response WaivedIFP the legal issue being raised appears to be: appeal court-appointed-counsel criminal-appeal criminal-procedure due-process in-forma-pauperis indigency indigent-defendant pro-bono-representation right-to-counsel transcript trial-transcript Whether the Petitioner's constitutional rights were violated when the state court failed to appoint counsel for his appeal despite finding him indigen…
19-8016 Jaime Vega, aka Jimmy Johnson v. United States Ninth Circuit 2020-03-18 Denied Response WaivedIFP appeal appeals criminal-procedure district-court due-process revocation-sentence sentencing sentencing-guidelines statutory-interpretation supervised-release To what extent does 18 U.S.C. § 3553 require a district court to specifically state the reasons for imposing a revocation sentence above the guideline…
19-8019 Efrain Sifuentes v. United States Fifth Circuit 2020-03-17 Denied Response WaivedIFP resulting in an unreasonable sentence appeal appellate-review criminal-procedure district-court fifth-circuit sentencing-guidelines unreasonable-sentence Did the United States Court of Appeals for the Fifth Circuit improperly condone the District Court's error in applying the United States Sentencing Gu…
19-7993 Thomas Victor Sway v. United States Eleventh Circuit 2020-03-13 Denied Response WaivedIFP appeal appellate-review certificate-of-appealability conclusory-order conflict-of-interest discretionary-review due-process equitable-tolling precedent procedural-due-process standard-of-review strickland-standard When denial of COA was made in conclusory order without any precedent to rely on and there exists no sufficient basis for appellate court to review, w…
19-7970 Shawnte L. Shade v. Rusty Washburn, Warden Sixth Circuit 2020-03-12 Denied Response WaivedIFP appeal appellate-review civil-procedure due-process equitable-tolling habeas-corpus holland-v-florida ineffective-assistance ineffective-assistance-of-counsel plea-unconstitutionality statute-of-limitations Whether the Petitioner's statute of limitation was equitably tolled under Holland v. Florida
19-7973 Quincy Chisolm v. Maryland Maryland 2020-03-12 Denied IFP appeal civil-rights conspiracy conviction criminal-procedure due-process first-degree-murder judicial-discretion mitigating-circumstances murder sentencing trial-court-error Did the trial Court err in failing to set aside the verdict that a Conviction can the Court of Criminal Appeals to murder?
19-7912 Ali Mehdipour v. Keith Sweeney, et al. Tenth Circuit 2020-03-11 Denied Response WaivedIFP appeal appellate-jurisdiction civil-procedure court-filing dismissal erroneous-ruling fruit-of-the-poisonous-tree judicial-review legal-timeliness prejudice procedural-error review statute-of-limitations timeliness Does a fruit-of-a-poisonous-tree follow from an initial erroneous ruling on timeliness of filing the initial complaint follow through subsequent rulin…
19-7926 Lin Ouyang v. Achem Industry America, Inc. California 2020-03-10 Denied IFP civil-procedure fraud misconduct oral-argument standing appeal appellate-procedure attorney-misconduct civil-procedure due-process fraud fraud-upon-court judicial-misconduct oral-argument standing Where rules of the court provides that oral argume Whether refusal of California Court of Appeal to vacate a judgment procured by fraud upon the court violated the right to due-process, civil-procedure…
19-7930 Roderick Pearson v. United States Eleventh Circuit 2020-03-10 Denied Response WaivedIFP appeal appellate-procedure criminal-justice-reform criminal-law criminal-sentencing due-process finality first-step-act judicial-review retroactivity sentencing statutory-interpretation Whether certiorari should be granted to vacate the decision below and remand to the Eleventh Circuit to consider whether § 403 of the First Step Act o…
19-7939 Robert James Pope, Jr. v. Wisconsin Wisconsin 2020-03-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right…
19-7911 Thomas William Cornelius, Jr. v. United States Ninth Circuit 2020-03-09 Denied Response WaivedIFP 2255-motion 28-usc-2255 appeal criminal-procedure defendant-rights due-process habeas-corpus physical-presence right-to-be-present sentencing Whether a defendant has a right to be physically present at a re-sentencing hearing under 28 U.S.C. § 2255
19-7888 Josephine Banks v. Waffle House, Inc. Georgia 2020-03-05 Denied IFP appeal appellate-rights civil-procedure constitutional-rights court-procedure denial-of-appeal due-process in-forma-pauperis judicial-error legal-document notice-of-appeal procedural-justice record standing When a lower court overlooks a required legal document that is in the record, fails to correct their error and proceeds to deny a litigant the right t…
19-7854 Howronda Overstreet v. United States Eleventh Circuit 2020-03-03 Denied Response WaivedIFP appeal criminal-procedure Did Ms. Overstreet's waiver of appeal unenforceabl Did the district court commit plain error when it due-process guidelines guidelines-calculation plain-error plea-bargaining sentencing sentencing-guidelines waiver Did Ms. Overstreet preserve her right to appeal the district court's inapplicable guidelines calculation?
19-7804 Ramon F. Flores v. United States Sixth Circuit 2020-02-27 Denied Response WaivedIFP 18-usc-3582 appeal criminal-procedure drug-quantity guideline-range guidelines procedural-bar sentence-reduction sentencing sentencing-amendment Whether a defendant is procedurally barred from appealing the district court's original drug quantity determination in a sentence reduction applicatio…
19-1060 Victor Thomas v. New York New York 2020-02-26 Denied Amici (2)Response Waived appeal appellate-jurisdiction criminal-defendant criminal-procedure garza-v-idaho jurisdiction right-to-counsel sixth-amendment supreme-court-precedent waiver waiver-of-appeal Whether a provision in a waiver of appeal that forbids a criminal defendant from filing a notice of appeal, and in so doing also strips superior court…
19-1052 Andre G. Dewberry v. United States Eighth Circuit 2020-02-24 Denied appeal appellate-review criminal-procedure guilty-plea self-representation sixth-amendment waiver Whether a guilty plea waives a challenge on appeal to the denial of a defendant's Sixth Amendment right to represent himself
19-7758 Lin Ouyang v. Achem Industry America, Inc. California 2020-02-24 Denied Response WaivedIFP 14th-amendment appeal civil-procedure civil-rights court-appointed-counsel criminal-appeal criminal-procedure due-process equal-protection equal-protection-clause fourth-amendment indigent-defendant indigent-rights misdemeanor-conviction right-to-counsel Whether the state court's dismissal of the appeal from misdemeanor conviction, despite the lack of assistance of counsel on appeal, violates the Equal…
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…
19-7690 Devell Short v. Superintendent, State Correctional Institution at Greensburg, et al. Third Circuit 2020-02-20 Denied Response WaivedIFP appeal appeal-rights castle-doctrine constitutional-rights due-process fair-trial judicial-misconduct jury jury-contamination jury-misconduct Whether a miscarriage of justice occurred due to a mistake and breakdown in the judicial operation of the federal courts
19-7712 Luis Ray Jaramillo, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-02-20 Denied IFP appeal appellate-counsel competence due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargain probation probation-revocation prosecutorial-misconduct sixth-amendment trial-counsel Where Petitioner's counsel did not pursue his wishes to file an appeal, was he denied effective assistance of counsel?
19-7683 Marlon Blacher v. California California 2020-02-18 Denied IFP access-to-courts appeal arbitrarily-denied civil-rights due-process federal-remedy habeas-corpus judicial-discretion resentencing standing state-court-proceedings statutory-interpretation Whether the arbitrary denial of an evidentiary hearing on a petition for writ of habeas corpus deprives the petitioner of due process
19-7625 Robert L. Swinton, Jr. v. Florida Florida 2020-02-12 Rehearing Response WaivedRelisted (2)IFP appeal constitutional-rights criminal-procedure criminal-procedure-appeal due-process ineffective-assistance-of-counsel right-to-counsel sentencing sentencing-errors sentencing-guidelines sixth-amendment structural-error Whether sentencing errors were corrected by appeals court on direct appeal without defense counsel, and whether there was a constitutional denial of c…
19-7644 George Jones v. Cindy Griffith, Warden Eighth Circuit 2020-02-12 Denied Response WaivedRelisted (2)IFP abuse-of-discretion alford-plea appeal credibility direct-appeal expert-witness expert-witness-credibility ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies prejudice sentencing-discrepancy trial-court-discretion Has prejudice been shown-where defense counsel fails to investigate the credibility of the Defense's expert witness
19-993 Irma Rosas v. Austin Independent School District, et al. Fifth Circuit 2020-02-07 Denied appeal appellate-procedure civil-procedure court-procedure dismissal due-process federal-rules federal-rules-of-appellate-procedure judicial-discretion legal-interpretation motion-to-reopen Whether the lower court erred in dismissing petitioner's claims when it denied her motion to reopen her appeal, contrary to Federal Rule of Appellate …
19-7585 Jerry Ellis, aka Jerry Leonard Ellis v. Noel Barlow-Hurst, Warden Ninth Circuit 2020-02-06 Denied Response WaivedIFP appeal appellate-review civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-standard post-conviction standard-of-review standing trial-procedure Whether the district court erred in denying the appellant's claim of ineffective assistance of first instance trial counsel
19-7537 Donald Alexander Spice v. Michigan Michigan 2020-02-05 Denied IFP appeal court-access due-process equal-protection fourteenth-amendment indigent-defendant indigent-defendants transcript transcript-access transcripts Whether MOR 5.433(c)(3) is unconstitutional as it violates the Equal Protection and Due Process Clause of the Fourteenth Amendment and the mandates of…
19-965 Kenin L. Edwards v. Michael L. Atterberry, et al. Illinois 2020-02-03 Denied Response Waived administrative-law appeal conviction criminal-jurisdiction due-process illinois-supreme-court jurisdictional-challenge sentencing Whether it is a violation of due process for the Illinois Supreme Court to abstain from addressing criminal jurisdiction over Petitioner
19-7490 Omar Ernesto Hernandez v. United States Ninth Circuit 2020-01-30 Denied Response WaivedIFP 4th-amendment appeal conclusory-statements criminal-procedure fourth-amendment human-smuggling investigatory-stop law-enforcement law-enforcement-database reasonable-suspicion Whether the district court and Ninth Circuit erred in relying on factually unsupported statements in determining reasonable suspicion for an investiga…
19-7475 Douglas Edwin Ball, Jr. v. Michigan Michigan 2020-01-29 Denied IFP 14th-amendment appeal civil-rights conviction dna-evidence due-process evidence insufficient-evidence jury jury-instructions unanimous-verdict Whether the Fourteenth Amendment was violated because it is impossible to determine whether the verdict was unanimous where there is insufficient evid…
19-7365 Tyrone Terrance Roberts v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-01-24 Denied Response WaivedIFP appeal appellate-review constitutional-rights criminal-procedure due-process federal-habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-procedure post-conviction-relief standard-of-review Has the lower tribunal court denied Roberts due process and departed from the essential requirements of the law in denying him relief following his di…
19-7377 Gerald Adger v. New York New York 2020-01-23 Denied Response WaivedIFP 6th-amendment appeal appellate-counsel conflict-of-interest criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-argument procedural-error right-to-counsel trial-counsel weight-of-evidence Was the appellate attorney ineffective assistance of counsel?
19-7383 Parnell May v. Arkansas Arkansas 2020-01-23 Denied Response WaivedRelisted (2)IFP appeal civil-procedure constitutional-rights due-process judicial-conduct legal-procedure motion-for-new-trial motion-procedure standing trial-court Question not identified
19-7395 Jean Crump v. United States, et al. Ninth Circuit 2020-01-23 Denied Response WaivedIFP appeal criminal-procedure due-process equal-protection false-arrest grand-jury-testimony ineffective-assistance-of-counsel ineffective-counsel judicial-bias prosecutorial-misconduct racial-bias racial-discrimination Whether a defendant's constitutional rights were violated when their court-appointed attorney failed to request a new judge despite being advised that…
19-920 Boulder Young, aka Boulder Daniel McManigal v. United States Eighth Circuit 2020-01-23 Denied Response Waived appeal appeal-waiver circuit-split criminal-procedure due-process harmless-error judicial-discretion plea-bargaining plea-hearing sentencing waiver Whether the waiver of a right to appeal a judgment of conviction is controlled by the defendant's written waiver or the oral pronouncement of the cour…
19-7331 Lavorice Dondrell Cunningham v. United States Fifth Circuit 2020-01-17 Denied Response WaivedIFP appeal appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion legal-standard pending-resolution remand sentencing sentencing-guidelines standard-of-review substantive-reasonableness What is the appropriate standard for the determination of substantive reasonableness claim?
19-7276 Ketut Pujayasa v. United States Eleventh Circuit 2020-01-15 Denied Response WaivedIFP appeal appellate-procedure appellate-review civil-procedure civil-procedure-rules due-process judicial-discretion prejudice prisoner prisoner-litigation prisoner-rights pro-se pro-se-litigant rule-4a6 time-limitation timeliness Did the district court and appellate court err in concluding that the petitioner's Rule 4(a)(6) motion, which was sent on February 20, 2019, and recei…
19-7219 Jonathan Canales v. Florida Florida 2020-01-08 Denied IFP civil-procedure constitutional-law due-process jurisdiction standing statutory-interpretation appeal civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel Whether the Florida Fifth District Court of Appeal erred in affirming the lower court's denial of petitioner's motion to vacate his conviction and sen…
19-7190 Ernesto Benavides Jr. v. Texas Texas 2020-01-07 Denied IFP appeal collateral-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pretrial-motion right-to-appeal sixth-amendment suppression-of-evidence Has Petitioner been denied the right to a meaningful appeal of his motion to suppress evidence under Jackson v. Denno, 378 U.S. 368 (1964), that occur…
19-7182 Cirilo Mancilla Lopez v. United States Fifth Circuit 2020-01-06 Denied IFP appeal appellate-review criminal-procedure due-process legal-objection preservation-of-error sentencing-guidelines sentencing-review standard-of-review substantive-unreasonableness Whether claims of substantive unreasonableness must be preserved by specific objection?
19-7160 Ernest J. Espinoza v. Matt A. Ashe, et al. Ninth Circuit 2020-01-02 Denied IFP civil-procedure due-process free-speech patent. standing takings appeal case-statement civil-procedure constitutional-provisions due-process filing-deadlines jurisdiction standing statutory-interpretation statutory-provisions supreme-court writ-petition Whether civil-procedure rules (including appeal windows) take precedence over statutory filing deadlines
19-833 In Re Philippe Buhannic 2020-01-02 Denied Response Waived appeal bias civil-rights constitutional-rights corruption due-process judicial-bias pro-se-litigant right-to-appeal standing state-appeal-courts Whether the state appeal courts have the right based on an obvious prejudice and bias to refuse due process to a foreign pro se litigant
19-834 In Re Philippe Buhannic 2020-01-02 Denied Response Waived appeal appellate-review constitutional-rights due-process foreign-litigant judicial-bias legal-discrimination pro-se pro-se-litigant state-courts Whether the state courts have the right to refuse due process to a foreign pro-se-litigant
19-7109 J'Veil Outing v. Miguel A. Cardona, Commissioner, Connecticut Department of Correction Connecticut 2019-12-31 Denied Response WaivedIFP appeal appellate-record due-process expert-testimony eyewitness-identification eyewitness-testimony ineffective-assistance precedent right-to-counsel sixth-amendment Whether assigned counsel violated the defendant's Sixth Amendment right to counsel and his right to due process
19-7126 Ronald Damon v. United States Third Circuit 2019-12-31 Denied Response WaivedIFP 18-usc-3583 5th-amendment appeal appellate-waiver circuit-split due-process due-process-clause plea-agreement post-conviction-waiver sentencing supervised-release Whether an appellate and post-conviction waiver in a plea agreement barring challenges to the 'sentence imposed' precludes an appeal of the denial of …
19-7136 Karen Lynn McClaflin v. United States Tenth Circuit 2019-12-31 Denied Response WaivedIFP affidavit appeal appellate-procedure cja-appointment counsel-appointment criminal-justice-act criminal-justice-act-1964 criminal-procedure due-process fee-waiver in-forma-pauperis prosecutorial-misconduct sentencing standing writ-of-certiorari Whether the Tenth Circuit Court of Appeals erred in affirming the district court's denial of Ms. McClaflin's motion to dismiss the indictment on the b…
19-7090 Warren Evans, Jr. v. United States Fourth Circuit 2019-12-30 Denied Response WaivedIFP appeal appellate-procedure attorneys-fees copyright-law copyright-registration effective-assistance effective-assistance-of-counsel federal-rules-of-appellate-procedure flores-ortega 19-708" ineffective-assistance-of-counsel infringement notice-of-appeal publication-status registration-accuracy right-to-counsel roe-v-flores-ortega sixth-amendment Whether a court can invalidate a copyright registr Whether application of the deadline for filing a Notice of Appeal under the Federal Rules of Appellate Procedure violates the appellant's right to cou…
19-7047 In Re Antwoyn Spencer 2019-12-23 Denied Response WaivedRelisted (2)IFP appeal civil-rights criminal-procedure due-process pro-se sentencing Question not identified
19-7050 In Re Charlene Rosa 2019-12-23 Denied IFP appeal civil-rights constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel judicial-review sanctions statutory-interpretation witness-testimony Whether the Koweth, Oortrick Covert 4 wypptooll abuse dy duration M Sombion Hh lod decmaye
19-7051 Adan Reyes-Martinez v. United States Fifth Circuit 2019-12-23 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement plea-bargaining sentencing waiver waiver-of-rights Whether the Fifth Circuit erred by ruling that Mr. Reyes-Martinez waived the right to appeal his sentence
19-7044 Darmarcus Fisher v. United States Fifth Circuit 2019-12-20 Denied Response WaivedIFP aggravated-assault appeal appellate-review criminal-procedure criminal-sentencing district-court due-process fifth-circuit procedural-reasonableness sentencing sentencing-enhancement sentencing-guidelines standard-of-review substantive-reasonableness Whether the district court imposed a substantively unreasonable sentence and erred by imposing a 4-level enhancement for aggravated assault
19-7009 Daniel Rosario-Gonzalez v. United States First Circuit 2019-12-19 Denied Response WaivedIFP appeal appellate-review case-disposition civil-procedure dismissal dismissal-with-prejudice district-court judicial-authority jurisdiction prejudice procedural-error standing subject-matter-jurisdiction Whether a district court which had no jurisdiction over a case can dismiss it with prejudice
19-6946 In Re Michael Curtis Reynolds 2019-12-17 Dismissed IFP actual-innocence appeal civil-rights civil-rights,due-process,criminal-procedure,senten constitutional-void criminal-appeal due-process federal-procedure habeas-corpus remand statutory-interpretation vagueness void-for-vagueness Does Dimaya require all counts to be reviewed?
19-775 In Re Philippe Buhannic 2019-12-17 Denied Response Waived access-to-courts appeal appeal-rights bias constitution constitutional-rights due-process due-process-clause-of-the-14th-amendment equal-protection federal-court foreign-litigant judicial-bias prejudice pro-se-litigant pro-se-representation Whether the Federal court has the right based on an obvious prejudice and bias to refuse due process to a foreign pro se litigant
19-6929 Steven D. Lisle, Jr. v. James Diercks, et al. Seventh Circuit 2019-12-13 Denied Response WaivedIFP appeal civil-procedure district-court due-process notice standing appeal civil-procedure civil-rights due-process jurisdiction standing Whether Petitioner was denied access to the courts
19-6911 Father v. Texas Department of Family and Protective Services Texas 2019-12-12 Denied IFP 14th-amendment appeal appellate-review burden-of-proof due-process evidence evidence-standard fourteenth-amendment texas-constitution Does Article V, Section 6 of the Texas Constitution violate Due Process Clause of the Fourteenth Amendment of the U.S. Constitution when its distincti…
19-6912 David Abara v. Jack Palmer, Warden, et al. Ninth Circuit 2019-12-12 Denied Response WaivedIFP appeal competency competency-exam criminal-procedure faretta-canvass irreconcilable-conflict right-to-counsel self-representation sixth-amendment trial-court Whether a trial court violates the Sixth Amendment right to counsel by forcing a defendant into self-representation when the defendant and his appoint…
19-6836 Therian Wimbush v. Willie Sue Mickens, Warden Georgia 2019-12-04 Dismissed Response WaivedRelisted (2)IFP appeal civil-rights court-appeal-procedure criminal-procedure due-process habeas-corpus judicial-review jurisdiction jurisdictional-challenge speedy-trial standing Can the challenge of a void judgment of conviction be premature?
19-6799 Aamir A. Hafiz-Thompson v. United States Eighth Circuit 2019-12-03 Denied Response WaivedIFP acca appeal certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel precedent sentencing supreme-court-precedent Whether counsel's admitted inaccuracy, misinformation, and failure to make specific inquiry regarding the petitioner's prior predicates (ACCA) conflic…
19-6802 Gary Jackson v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-12-03 Denied Response WaivedIFP appeal civil-rights constitutional-rights criminal-procedure due-process identification identification-process judicial-circuit jurisdiction precedent sentencing standing supreme-court supreme-court-precedent Did the state courts and federal courts err in determining that the identification process violated Supreme Court precedent?
19-6806 Anthony J. Stokes v. Florida Florida 2019-12-03 Denied Response WaivedIFP appeal civil-rights constitutional-review criminal-procedure criminal-prosecution double-jeopardy due-process felony jurisdictional-conflict military-law predicate-felony sentencing sentencing-guidelines statutory-interpretation trial-modification Whether the underlying felony is part of the crime charged to create a predicate felony that charge, cannot stand
19-6782 Adrienne Mallard v. Next Day Temps, et al. Virginia 2019-11-29 Denied Relisted (2)IFP administrative-law administrative-procedure appeal appeals civil-procedure court-appeal court-orders discovery document-withholding due-process evidence evidence-disclosure judicial-review workers-compensation Whether the Court of Appeals of Virginia erred in requesting all documents from the Virginia Workers' Compensation Commission on the petitioner's appe…
19-684 Darrell Saunders, et ux. v. Deutsche Bank National Trust Company Virginia 2019-11-27 Denied Response Waived appeal article-xiv civil-procedure commercial-carrier constitutional-rights due-process legal-procedure mail-delivery Whether an individual is denied due process of law when a commercial mail carrier's policies result in a late delivery of an appeal, despite the indiv…
19-6762 Fred Martin Wimberley v. Rachel M. Sacramento Ninth Circuit 2019-11-26 Denied Relisted (2)IFP appeal civil-procedure civil-rights court due-process patent standing takings No questions presented
19-678 United States, ex rel. Laurence Schneider v. JPMorgan Chase Bank, National Association, et al. District of Columbia 2019-11-26 Denied administrative-law appeal circuit-split civil-procedure criminal-procedure due-process false-claims-act false-claims-act-fca-qui-tam-government-deference- government-dismissal habeas-corpus Ineffective-assistance-of-counsel judicial-deference qui-tam sentencing standard-of-review statutory-interpretation Whether the Government is entitled to absolute deference regarding its decision to dismiss an FCA action under section 3730(c)(2)(A), or whether the q…
19-6617 Melissa Morton v. United States Ninth Circuit 2019-11-14 Denied Response WaivedIFP appeal appellate-review circuit-split criminal-procedure-waiver due-process inter-circuit-conflict intra-circuit-conflict jury-instruction jury-instructions legal-procedure right-relinquishment right-to-appeal waiver Whether a defendant waives his right to challenge a jury instruction on appeal if he proposed the instruction below, even if the record contains no ev…
19-611 Rene A. Boucher v. United States Sixth Circuit 2019-11-13 Denied Response RequestedResponse WaivedRelisted (2) appeal below-guideline-sentence criminal-procedure double-jeopardy due-process plea-agreement plea-bargaining sentencing sentencing-appeal waiver waiver-of-rights Did the government waive its right to appeal the defendant's sentence?
19-6620 John Kevin Waldrip v. United States Fifth Circuit 2019-11-13 Denied Response WaivedIFP appeal criminal-procedure federal-law federal-sentencing-guidelines federal-statute fifth-circuit judicial-review sentencing sentencing-guidelines special-assessments statutory-interpretation supervised-release Whether the Fifth Circuit violated federal law when it refused to vacate the $15,000 special assessments
19-605 Arizona v. Philip John Martin Arizona 2019-11-12 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) appeal criminal-appeal double-jeopardy first-degree-murder greater-offense hung-jury hung-jury-rule jury-instructions jury-verdict lesser-offense richardson-v-united-states second-degree-murder When a jury expressly states it is 'unable to agree' on a defendant's guilt for a greater offense and convicts the defendant of a lesser offense, and …
19-6547 Kevin Sterling v. United States Second Circuit 2019-11-08 Denied Response WaivedIFP affirmance appeal appointed-counsel cja-18-usc-3006 criminal-justice-act criminal-procedure due-process fed-r-crim-p-44 federal-rules-criminal-procedure gideon-v-wainwright inability-to-pay legal-representation right-to-counsel writ-of-certiorari Whether defendant should have been appointed counsel
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…
19-6422 Calvin Dunell Burns v. Florida Florida 2019-10-29 Denied IFP appeal appellate-review civil-rights competency constitutional-violations due-process evidence legal-procedure mental-competency mental-health standing trial-counsel trial-procedure Why did the First District Court of Appeals, State of Florida, not rule fairly on the merits of the issues in the Petitioner's Direct Appeal regarding…
19-6374 Kim Moss v. Michigan Michigan 2019-10-25 Denied IFP appeal appeal-of-right appellate-procedure consolidation constitutional-rights constitutional-rights-to-appeal constitutional-violation due-process ineffective-assistance-of-counsel procedural-delay right-to-appeal state-court-procedures state-procedures trial-court-error Was Petitioner Moss' constitutional right to appeal violated where the trial court failed to reinstate his appeal of right?
19-6376 Josue Osvaldo Solis v. United States Fifth Circuit 2019-10-24 Denied Response WaivedIFP appeal construction criminal-procedure due-process fairness fairness-doctrine plea-agreement sentence-appeal sentencing waiver waiver-of-rights Whether a defendant can knowingly waive the right to appeal his sentence before understanding the right
19-6342 Michael Shavers v. Lavern Sharp, Deputy Warden, et al. Sixth Circuit 2019-10-23 Denied Response WaivedIFP appeal appeals civil-procedure civil-rights constitutional-claims due-process excessive-force excessive-use-of-force prisoner-rights standing summary-judgment Whether plaintiff is entitled to relief from dismissal of lawsuit - Shavers v. Bergh (excessive use of force claims dismissed on the nature of the sus…
19-6234 Kelvin Melton v. United States Fourth Circuit 2019-10-15 Denied Response WaivedIFP 5th-amendment 6th-amendment appeal civil-rights constitutional-law criminal-procedure due-process self-representation Whether an appellant has the right to self-representation under the Sixth Amendment or the Due Process Clause of the Fifth Amendment
19-6248 In Re Warren Parks 2019-10-11 Denied Relisted (2)IFP appeal civil-procedure constitutional-rights court-procedure due-process federal-rules federal-rules-civil-procedure federal-rules-of-civil-procedure sanction-hearing sanctions standing subject-matter-jurisdiction Whether the sanction imposed by the United States Court of Appeals for the Seventh Circuit complied with the Federal Rules of Civil Procedure
19-6258 In Re Tiran R. Casteel 2019-10-11 Dismissed Response WaivedIFP appeal appellate-review competency district-court due-process eighth-circuit false-premise legal-competency mental-health restoration retroactive-determination trial trial-procedure Was the Petitioner restored prior to the November 2009 trial?
19-6201 Ronn Darnell Sterling v. United States Eleventh Circuit 2019-10-10 Denied Response WaivedIFP appeal bank-robbery constitutional-rights criminal-procedure due-process evidence-admission evidentiary-issues false-evidence improper-cross-examination ineffective-assistance ineffective-assistance-of-counsel prior-conviction-evidence prosecutorial-misconduct Whether the district court erred in rejecting the petitioner's claim within his § 2255 motion that pre-trial counsel was constitutionally ineffective …
19-6216 Maxcium Herring v. L. S. McEwen, Warden Ninth Circuit 2019-10-09 Denied IFP appeal civil-rights constitutional-rights criminal-procedure due-process evidence-admission jury-instructions jury-misconduct sentencing standard-of-review trial-errors waiver Whether the trial court erred in allowing the defendant to take the witness stand in his own defense
19-6209 John Hudson v. United States Fifth Circuit 2019-10-08 Denied Response WaivedIFP appeal armed-career-criminal-act certificate-of-appealability due-process federal-appellate-procedure johnson-precedent johnson-v-united-states prior-convictions resentencing section-2255 sentencing sentencing-review violent-felony Whether the United States Court of Appeals for the Fifth Circuit erred by denying Mr. Hudson a Certificate of Appealability in this § 2255 case
19-6171 Jorge Sanchez-Rodriguez v. Louisiana Louisiana 2019-10-04 Denied IFP appeal appellate-review child-interview criminal-procedure due-process evidence insufficient-evidence judicial-error standard-of-review sufficiency-of-evidence trial-court-error witness-testimony Did the state appellate court and the Louisiana Supreme Court err in denying petitioner's appeal because the evidence presented at trial was insuffici…
19-418 Benoit Brookens v. Patrick Pizzella, Acting Secretary of Labor District of Columbia 2019-09-27 Denied Response Waived appeal civil-rights district-court due-process federal-circuit jurisdiction merit-systems-protection-board mixed-appeal non-discrimination Whether the Federal Circuit has jurisdiction over non-discrimination issues in a mixed appeal filed within 60 days of the decision by the Merit System…
19-6078 Terreall McDaniel v. United States Eighth Circuit 2019-09-26 Denied Response RequestedResponse WaivedRelisted (2)IFP 18-usc-924c appeal armed-career-criminal-act circuit-split constitutional-interpretation criminal-law criminal-procedure first-step-act retroactivity sentencing sentencing-enhancement statutory-interpretation Does Section 403 of the First Step Act apply to a defendant when his appeal is still pending?
19-401 Lamont Dejuan Higgs v. Warden Wilson Fifth Circuit 2019-09-25 Denied 28-usc-2241 28-usc-2255 appeal appellate-review federal-procedure habeas-corpus saving-clause sentencing sentencing-relief statutory-interpretation Whether the saving clause of 28 U.S.C. § 2255(e) allows defendants to seek relief under 28 U.S.C. § 2241 on the grounds that a subsequent statutory in…
19-375 Lawrence T. Newman v. Robert W. York, as Personal Representative, et al. Indiana 2019-09-20 Denied Response Waived administrative-expense administrative-expenses administrative-law appeal appeal-on-merits civil-procedure constitutional-law constitutional-provisions constitutional-rights due-process estate-administration fourteenth-amendment standing trial-court Whether the refusal of the trial court to hear Newman's administrative expense motions violates the Fourteenth Amendment's Due Process Clause and othe…
19-367 Shambria Necole Smith v. Kansa Technology, L.L.C. Fifth Circuit 2019-09-19 Denied appeal district-court district-court-procedure due-process due-process,jury-tampering,jury-taint,trial-procee evidence-admissibility jury-taint jury-tampering trial-proceedings workers-compensation Whether the District Court violated the Due Process Clause by disallowing the interview of the jurors
19-362 Patrick Kent Lindsey Jones v. Allen Jones Louisiana 2019-09-18 Denied 14th-amendment appeal civil-procedure contested-funds due-process equal-protection finality-of-judgment fourteenth-amendment interlocutory-judgment right-to-appeal standing state-court state-court-jurisdiction Under the 14th Amendment, Section 1, how can a state court deny the right to appeal, by deeming a judgment which distributes contested funds to be a n…
19-5985 Leeroy Cesar Carballo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-18 Denied IFP appeal constitutional-rights criminal-procedure due-process evidentiary-hearing fifth-circuit-review fundamental-rights ineffective-assistance-of-counsel right-to-testify sentencing sentencing-phase Whether a criminal defendant's right to testify was violated when his trial counsel prevented him from testifying to his version of events during the …
19-5944 Jerry D. Scott v. United States Eighth Circuit 2019-09-16 Denied Response WaivedIFP 8th-amendment 8th-circuit appeal certificate-of-appealability crime-of-violence criminal-justice criminal-procedure domestic-assault due-process eighth-circuit habeas-corpus legal-standard missouri-robbery sentencing violent-crime Whether the Eighth Circuit Court of Appeals erred in not granting a certificate of appealability
19-5931 Darryl Allen v. Pennsylvania Pennsylvania 2019-09-13 Denied Response WaivedRelisted (2)IFP appeal appellate-rights collateral-relief collateral-review constitutional-rights counsel-consultation due-process garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal roe-v-flores-ortega waiver Did the Pennsylvania courts err in denying collateral relief where prior counsel was ineffective for failing to consult fully with the petitioner, Dar…
19-5872 Philip Hugh Wentzel v. United States Seventh Circuit 2019-09-09 Denied Response WaivedIFP appeal certificate-of-appealability collateral-review constitutional-rights conviction criminal-charge criminal-procedure double-jeopardy due-process jurisdiction sentencing sentencing-error Were petitioner's double jeopardy and due process rights violated?
19-5834 Thomas David McWaters v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-09-06 Denied IFP appeal civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-review standing Whether the petitioner was denied effective assistance of counsel in his Arizona post-conviction proceedings, which prevented him from timely presenti…
19-5760 Aly Toure v. New York New York 2019-08-29 Denied Response WaivedIFP appeal appellate-review civil-procedure civil-rights criminal-procedure due-process judicial-procedure mental-health standing supreme-court-precedent waiver-of-rights Did the appellate division violate clearly established federal supreme court ratified law?
19-5718 Alexander Lee Salazar v. United States Fifth Circuit 2019-08-27 Denied Response WaivedIFP acceptance-of-responsibility appeal criminal-procedure district-court district-court-discretion mitigating-factors mitigating-role offense-level role-adjustment sentencing-guidelines Did the district court err when it declined to grant Mr. Salazar a mitigating role adjustment under the Guidelines?
19-239 Larry Benzon, Warden v. Troy Michael Kell Tenth Circuit 2019-08-23 Denied Amici (1) appeal appeals appellate-review capital-case capital-punishment collateral-order-doctrine district-court federalism habeas-corpus rhines-v-weber stay Whether a district court's order staying and abeying a capital prisoner's habeas corpus petition under Rhines v. Weber, 544 U.S. 269 (2005), is immedi…
19-5683 Isaiah Jermale Legall v. United States Fourth Circuit 2019-08-22 Denied Response WaivedIFP appeal appeal-deadline appeals appellate-procedure civil-procedure due-process equitable-tolling federal-rules federal-rules-of-appellate-procedure judicial-discretion standing time-limit Whether equitable tolling applies to the time limit to appeal set forth in Federal Rule of Appellate Procedure 4(b)(1)(A)
19-5588 Luis Ordonez-Vega v. United States Fourth Circuit 2019-08-14 Denied Response WaivedIFP appeal appellate-counsel civil-rights conflict-of-interest criminal-procedure due-process inadequate-representation-of-counsel ineffective-assistance ineffective-assistance-of-counsel merit-review section-2255 waive waiver Did conflict of interest arise when appellate counsel's failed to raise non-frivolous merit(s) 'ineffective assistance of counsel' on defendant's firs…
19-5450 Paul Suarez v. United States Fifth Circuit 2019-08-06 Denied Response WaivedIFP 18-usc-924c appeal conviction criminal-conviction criminal-procedure drug-trafficking firearm-offense jury-unanimity law-of-the-case legal-sufficiency manifest-injustice sufficiency-of-evidence Did the panel err by holding that the 'law of the case' governed its decision in holding that the evidence was legally sufficient to sustain the petit…
19-5461 Anthony L. Pierce v. Lisa Garrett, et al. Fifth Circuit 2019-08-06 Denied Relisted (2)IFP appeal civil-procedure civil-rights conclusion constitutional-provisions dismissal due-process frivolous jurisdiction magistrate opinions-below reasons-for-writ standing statement-of-case Did the court erred in allowing the magistrate to use non-meritorious issues to dismiss petitioner's action without prejudice, barring appeal
19-5413 John Thomas Rooney v. Georgia Georgia 2019-08-01 Denied Relisted (2)IFP appeal civil-rights constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus jurisdiction plea-bargaining sentencing sentencing-enhancement statutory-jurisdiction unconstitutional unconstitutional-conviction Can convictions and sentences imposed by a State Trial Court without Constitutional or statutory subject-matter jurisdiction be used to enhance a 24-y…
19-5423 Antonio Rashawne Carr v. Texas Texas 2019-08-01 Denied IFP appeal arraignment arraignment-hearing criminal-procedure due-process grand-jury grandjury-indictment indictment ineffective-assistance-of-counsel sexual-assault Whether the court of appeals erred in affirming the trial court's judgment that this was an actual arraignment/indictment proceeding rather than a tri…
19-5403 Randy Charriez-Rolon v. United States First Circuit 2019-07-31 Denied Response WaivedIFP appeal appellate-ineffectiveness criminal-procedure defendant-silence due-process due-process,self-incrimination,plain-error,ineffec first-circuit-review free-speech plain-error prosecutorial-commentary rule-29-motion silence Whether the First Circuit's op/order affirming Petitioner's sentence and conviction finding no plain error when the United States commented on Petitio…
19-5420 Kendrick Terrell v. United States Eleventh Circuit 2019-07-31 Denied Response WaivedIFP appeal criminal-procedure due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error prior-charges sentence-enhancement sentencing sentencing-calculation sentencing-guidelines sixth-amendment Whether the Petitioner's Sixth Amendment Rights were violated
19-5340 Carl Prostell v. David Zook, Warden Fourth Circuit 2019-07-26 Denied Response WaivedIFP appeal confrontation-clause constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury post-conviction-relief reasonable-doubt sufficiency-of-evidence Whether the evidence was sufficient to find guilt beyond a reasonable doubt?
19-5249 George E. Kersey v. Herb Chambers 1186, Inc., et al. First Circuit 2019-07-22 Dismissed IFP appeal appeals civil-procedure complaint-dismissal court-of-appeals district-court due-process filing-fee frivolous in-forma-pauperis pro-se-litigation sanctions screening standing Whether the Court of Appeals properly affirmed the District Court's certification that the appeal was not taken in good faith
19-5204 Jesus Loya Quezada v. Rick Raemisch, Executive Director, Colorado Department of Corrections, et al. Tenth Circuit 2019-07-18 Denied Response WaivedIFP appeal citizenship civil-rights constitutional-rights criminal-evidence criminal-procedure due-process evidence harmless-error paper-foundation standing state-court uncorroborated-evidence Was the evidence allowed at my trial by the State court proper?
19-5231 James D. Thomas, Jr., aka Wayne Thomas v. New York New York 2019-07-18 Denied IFP appeal burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidentiary-rulings fair-trial jury-instructions prejudicial-error prosecutorial-misconduct reasonable-doubt sentencing sufficiency-of-evidence trial-court Whether the People failed to establish beyond a reasonable doubt that Jones Thomas Knowingly Possessed the Cocaine?
19-5210 Therian Wimbush v. Christopher M. Carr, Attorney General of Georgia, et al. Georgia 2019-07-17 Denied IFP access-to-courts appeal appeals appellate-procedure civil-rights discretionary-appeal due-process georgia-court-of-appeals georgia-courts incarceration jurisdiction mailbox-rule parental-rights pro-se pro-se-litigant time-limitation Should the 'Mailbox Rule' be extended to all notices of appeal that must be filed in the trial court, filed by pro se incarcerated litigants?
19-5197 Eric T. Roden v. United States Ninth Circuit 2019-07-16 Denied Response WaivedIFP appeal article-iii-judge criminal-defendant criminal-procedure defendant-rights due-process federal-sentencing federal-sentencing-guidelines judicial-discretion ninth-circuit sentencing sentencing-guidelines waiver Whether a criminal defendant can ever waive a correctly calculated guidelines range for use at a federal sentencing hearing
19-5175 Gregory Green v. Alan Wilson, Attorney General of South Carolina Fourth Circuit 2019-07-15 Denied IFP appeal civil-procedure civil-rights constitutional-rights criminal-procedure discretionary-review due-process equal-protection habeas-corpus ineffective-assistance judicial-review standing Whether Couth Caralina Aye late Courd hile IYF Violates due fPOELS aad ogea / yrotedtisn ot Jad, by not entiblag Pethoner thE right th be heard on Gpp…
19-5186 Mauricio Warner v. United States Eleventh Circuit 2019-07-15 Denied Response WaivedIFP appeal appeal-court appellate-procedure application certificate-of-appeal certificate-of-appealability civil-procedure civil-rights court-of-appeals due-process habeas-corpus judicial-review merits-ruling procedural-error standing Did the Appeal Court err in making a merits ruling on Warner's Application for a Certificate of Appealability and for failure to even consider the app…
19-5189 Michael Tyler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-15 Denied IFP appeal civil-procedure civil-rights constitutional-rights criminal-procedure dna-testing due-process exculpatory-evidence guidelines liberty post-conviction-relief procedural-barriers sentencing standing statutory-interpretation takings Whether the Sentencing Court Erred in Calculating the Defendant's Sentencing Guidelines Range
19-5160 Jamie D. Geer v. Florida Florida 2019-07-12 Denied Response WaivedIFP access-to-courts appeal appeal-procedure due-process equal-protection post-conviction post-conviction-proceedings prison-officials prisoner-rights Whether petitioner was denied due process, equal protection of the law, and right to access to the courts
19-5109 Wayne English v. Roadhouse Holding Inc., et al. Third Circuit 2019-07-09 Denied Response WaivedRelisted (2)IFP appeal bankruptcy bankruptcy-procedure constitutional-rights due-process equal-protection federal-rules-of-bankruptcy-procedure first-amendment-rights mail-delivery notice notice-of-appeal usps Whether the actions of the Bankruptcy Court in intercepting and redirecting only USPS mail delivery prevents litigants from the timely filing of their…
19-5054 Jason Hendershott v. Kelly Strong, Warden, et al. Fifth Circuit 2019-07-03 Denied Response WaivedIFP access-to-courts appeal civil-procedure civil-rights constitutional-claims criminal-case criminal-procedure due-process federal-circuit-court habeas-corpus ineffective-assistance-of-counsel judicial-review mental-illness post-conviction Whether Hendershott was improperly denied time-credit for turning in his 2854 year old prison authorities to mail months before his deadline
18-9803 Salvador Galvan v. United States Ninth Circuit 2019-06-27 Denied Response WaivedIFP 18-usc-3553a appeal criminal-procedure criminal-sentencing district-court-discretion due-process guidelines procedural-error sentencing sentencing-guidelines ussg-2b1.1 victim victim-definition victim-impact Whether the district court committed procedural error by considering every resident of the City of Compton as a victim for purposes of its 18 U.S.C. §…
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?
18-9844 Garner Wood v. Les Parish, Warden Sixth Circuit 2019-06-27 Denied Response WaivedIFP appeal appellate-procedure civil-rights constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-relief postsentencing-motion sentencing sentencing-credit sentencing-error trial-counsel Whether the trial court denied Petitioner Wood's due process right under the Fourteenth Amendment by not granting his jail credit for 14-30 days after…
18-9818 Bruce Allen Echols v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2019-06-26 Denied Response WaivedIFP appeal civil-procedure civil-rights due-process exhaustion-of-remedies federal-jurisdiction habeas-corpus jurisdiction standing Whether the lower court lacked jurisdiction, committing reversible error by entertaining a claim that had not been exhausted by the well-established p…
18-9740 Myron Gregory Jessie v. Michigan Michigan 2019-06-21 Denied IFP appeal appellate-review civil-rights constitutional-rights conviction criminal-procedure due-process evidence evidence-admission judicial-error life-imprisonment prior-misconduct resentencing sentencing Was the evidence insufficient to convict defendant of first-degree murder and also to support the sentence of life imprisonment, and did the resentenc…
18-9713 Steven Allen Brende v. Darin Young, Warden, et al. Eighth Circuit 2019-06-18 Denied Response WaivedRelisted (2)IFP administrative-law appeal civil-procedure civil-rights due-process south-dakota standing state-court-appeals supreme-court Whether the Supreme Court of South Dakota erred in its July 17, 2013 decision
18-9615 Shawn Russell Sorensen v. United States Eighth Circuit 2019-06-12 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal conflict-among-courts-of-appeals drug-felony drug-felony-offenses drug-offenses eighth-amendment first-step-act mandatory-minimum sentencing sentencing-enhancement simple-possession Whether petitioner's prior simple possession drug convictions under Arizona and South Dakota state law qualify as 'prior drug felony offenses' under 2…
18-9634 Destyn David Frederick v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. Fifth Circuit 2019-06-12 Denied IFP appeal certificate-of-appealability constitutional-rights conviction criminal-conviction criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel pro-se-challenge right-to-counsel sentencing Whether the United States District court and the Fifth Circuit court of appeals have denied Petitioner his rights to challenge the Government convicti…
18-9641 Clifford Brigham v. United States Ninth Circuit 2019-06-12 Denied Response WaivedIFP appeal appellate-review criminal-law criminal-procedure due-process sentencing sentencing-guidelines statutory-maximum substantive-reasonableness Whether imposition of the statutory maximum, 60-month term was substantively unreasonable
18-9642 Jeffrey Benton v. United States Second Circuit 2019-06-12 Denied Response WaivedIFP appeal class-v-united-states criminal-procedure direct-appeal double-jeopardy face-of-the-record guilty-plea indictment united-states-v-broce waiver-of-rights Whether a defendant who enters an unconditional guilty plea and waives appeal can raise a double-jeopardy argument on direct appeal
18-9612 Gregory Rayford v. Illinois Illinois 2019-06-11 Denied Response WaivedIFP appeal civil-rights criminal-procedure due-process evidence exclusionary-rule probable-cause search-and-seizure sentencing Whether the Illinois state court erred in denying the petitioner's motion to suppress evidence obtained in violation of the Fourth Amendment
18-9570 Cody Joseph Morgan v. Texas Texas 2019-06-07 Denied IFP appeal double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel judicial-vindictiveness north-carolina-v-pearce retrial sentencing sentencing-package texas-v-mccullough Whether Texas v. McCullough created a bright-line rule that the presumption of judicial vindictiveness under North Carolina v. Pearce is inapplicable …
18-9510 Rasaq Aderoju Raheem v. United States Fifth Circuit 2019-06-03 Denied Response WaivedIFP appeal appellate-procedure conviction criminal-procedure defendant-conviction due-process equal-protection federal-jurisdiction fifth-circuit jurisdiction legal-review standard-of-review sufficiency-of-evidence Whether the Fifth Circuit erred by affirming Defendant's Raheem conviction
18-9499 Chad Austin v. Timothy Stewart, Warden Fourth Circuit 2019-05-31 Denied Response WaivedIFP appeal bureau-of-prisons civil-rights constitutional-interpretation due-process federal-jurisdiction federal-sentencing-guidelines judicial-review retroactive-application sentencing statute-of-limitations statutory-interpretation time-bar How can the Bureau of Prisons make petitioner's federal sentence, where petitioner was sentenced of violating 18 USC 3581(b), 18 USC 3553, USSG § 5G1.…
18-9481 Jerry Eugene Shrubb v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-05-30 Denied IFP actual-innocence appeal cerebellar-degeneration constitutional-rights due-process ineffective-counsel miranda-violation petition-for-allowance-of-appeal sixth-amendment warrantless-search Has the Appellant been denied Due Process of Law in that no Court has reasonably observed the actual claims raised by the Appellant?
18-9447 QuintIn Irving Brown v. Virginia Virginia 2019-05-28 Denied Relisted (2)IFP appeal conviction criminal-conviction criminal-procedure due-process judicial-boundaries jurisdiction jurisdictional-overreach procedural-error reversal state-law territorial-jurisdiction venue When a conviction occurs in any state of the United States where a county's jurisdiction occurs over 2,200 yards beyond its 300-yard permissible juris…
18-9405 John Willie Mack, Jr. v. Kenneth Nelsen, Warden Fourth Circuit 2019-05-23 Denied Response WaivedIFP appeal civil-rights due-process evidence habeas-corpus ineffective-assistance-of-counsel ineffective-counsel misconduct right-to-counsel right-to-fair-trial Was the defendant denied effective assistance of counsel?
18-9407 Humberto Verduzco-Magana v. United States Ninth Circuit 2019-05-23 Denied IFP appeal appellate-waiver circuit-court conformity judgment-correction oral-pronouncement sentence-modification sentencing written-judgment Whether a written appellate waiver giving up the right to appeal any portion of the sentence waive the right to ask the Circuit to conform the written…
18-9408 Freddie J. Hennington v. United States Fifth Circuit 2019-05-23 Denied Response WaivedIFP appeal appellate-procedure appellate-review circuit-court civil-procedure criminal-procedure dismissal due-process federal-jurisdiction judicial-discretion legal-review procedural-error sentencing standing Whether the Fifth Circuit erred by dismissing Mr. Hennington's appeal without considering the merits of his arguments
18-9348 Willie Joe Williams v. Stephen Welch, et al. Fourth Circuit 2019-05-20 Denied Response WaivedIFP appeal appeals criminal-procedure due-process habeas-corpus jurisdiction sentencing Whether or not the Stote Court And Federol Courhis) error in sending Petitioner to prison after dismissing Crime (sd and Charge ls)
18-9319 Robert Gray v. United States Eleventh Circuit 2019-05-17 Denied IFP appeal certificate-of-appealability criminal-conviction due-process eleventh-circuit habeas-corpus ineffective-assistance-of-counsel motion-to-vacate sentencing standard-of-review Whether the trial and appellate court erred in denying Petitioner's Motion for Certificate of Appealability?
18-9333 Gustavo Gomez v. California Ninth Circuit 2019-05-17 Denied IFP appeal case-law constitutional-rights court-of-appeals criminal-procedure due-process habeas-corpus judicial-review jurisdiction motion-to-amend sixth-amendment standing Were this Petitioner's Sixth Amendment rights according to the United States Constitution violated by the United States Court of Appeal for the Ninth …
18-9292 Timothy B. Fredrickson v. United States Seventh Circuit 2019-05-15 Denied Response WaivedIFP appeal bail bail-appeal constitutional-rights due-process judicial-discretion mandamus pre-trial-detention pre-trial-release speedy-trial-act statutory-interpretation What recourse is available to a defendant, when an appeal and mandamus enforcement of the ministerial and self-executing release on bail provision of …
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?
18-9216 Klark Deziray Hopkins v. California California 2019-05-09 Denied Response WaivedIFP appeal appeal-waiver constitutional-rights due-process fourteenth-amendment ineffective-assistance liberty plea-agreement presumption-against-waiver property right-to-appeal Do the presumption against waiver of fundamental constitutional rights and the Fourteenth Amendment Due Process Clause's guaranty against deprivations…
18-9162 Kurtis D. Worley v. Illinois Illinois 2019-05-06 Denied Response WaivedIFP appeal case-caption civil-procedure constitutional-provisions due-process jurisdiction jurisdictional-requirements legal-document petition-formatting procedural-rules standing statutory-provisions supreme-court Whether the cappelare Cound erred by not aptly ine
18-9129 Delroy T. Booth v. Trevonza Bobbitt, Warden, et al. Eleventh Circuit 2019-05-03 Denied IFP appeal appeals appellate-procedure civil-procedure civil-rights court-costs court-fees dismissal docketing-fees due-process eleventh-circuit fees in-forma-pauperis pro-se-litigant standing Whether the Court of Appeals for the Eleventh Circuit erred in dismissing the petitioner's appeal by stating 'Failed to Pay the Docketing & Filing Fee…
18-9091 Antwayne Tremayne Lowry v. United States Eleventh Circuit 2019-05-02 Denied Response WaivedIFP appeal appellate-review certificate-of-appealability criminal-conviction due-process eleventh-circuit habeas-corpus ineffective-assistance-of-counsel motion-to-vacate sentencing standard-of-review Whether the trial and appellate court erred in denying Petitioner's Motion for Certificate of Appealability
18-1353 Kevin McCabe, et al. v. Lifetime Entertainment Services, LLC Second Circuit 2019-04-29 Denied Response Waived american-pipe american-pipe-doctrine appeal appellate-review civil-procedure class-action class-action-tolling class-certification due-process legal-tolling precedent procedural-rules procedural-tolling sanctions standing statute-of-limitations Whether class-action statute-of-limitations tolling under American Pipe & Constr. Co. v. Utah should continue until a district court's denial of class…
18-9029 Tyron James v. Kansas Kansas 2019-04-29 Denied IFP appeal apprendi civil-rights constitutional-challenge conviction criminal-conviction criminal-procedure due-process retroactive-application retroactivity sentencing sentencing-guidelines sixth-amendment unconstitutional-error upward-departure Whether a conviction based on an unconstitutional sentencing enhancement can be overturned under this Court's decisions in Apprendi and Alleyne
18-8994 Abie Wolf, aka Abraham C. Wolf v. Randolph Osherow, et al. Fifth Circuit 2019-04-25 Denied Response WaivedIFP appeal bankruptcy bankruptcy-appeal bankruptcy-discharge bankruptcy-procedure bankruptcy-rules bankruptcy-trustee court-jurisdiction creditors-meeting discharge discharge-appeal due-process legal-interpretation procedural-error transcript trustee trustee-objection Whether or not the Lower Court is talking about Petitioners Discharge and that's not what Petitioner appealed
18-8981 John Bowling v. Maryland Maryland 2019-04-24 Denied IFP appeal civil-procedure civil-rights conviction criminal-procedure due-process evidence-sufficiency free-speech jury-instructions standing Any ERRONEOUS INSTRUCTION on force WMS Ofer to the funy
18-8933 Zaamar Bersan Stevenson v. Pennsylvania Board of Probation and Parole, et al. Third Circuit 2019-04-22 Denied IFP appeal appeal-process certificate-of-appealability criminal-procedure due-process first-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rehabilitation-process right-to-counsel subject-matter-jurisdiction Whether Mr. Stevenson was entitled to relief on his claim of ineffective assistance of counsel
18-8887 Miriam Soler v. Capital One Auto Finance Eleventh Circuit 2019-04-19 Denied IFP appeal appellate-review bankruptcy bankruptcy-procedure constitutional-interpretation courts-of-appeal due-process ex-post-facto ex-post-facto-clause federal-rules-of-bankruptcy-procedure original-jurisdiction rule-of-law Whether the Eleventh Circuit Court of Appeals infringed the ex-post-facto-clause, depriving Petitioner's right of remedy sustaining no due-process at …
18-8904 Octavius Matthews v. Terry Ratliff (TR Motors) Alabama 2019-04-18 Denied IFP appeal appeal-procedure appeals civil-procedure court-dismissal down-payment due-process jurisdiction legal-timeliness plaintiff-claim procedural-grounds standing statute-of-limitations timeliness Why did the courts find that the Appeal was improper, because the plaintiff did not do it right?
18-8818 Cornell D. Reynolds v. Randall Hepp, Warden Seventh Circuit 2019-04-15 Denied Response RequestedResponse WaivedRelisted (3)IFP appeal appellate-rights appointed-counsel attorney-client attorney-compensation conflict-of-interest due-process indigent-defendant indigent-defense statutory-provisions Should the conflict of interest doctrine be extended to include financial conflicts between attorney and client; and/or whether a state creates a fata…
18-8825 Timeiki Hedspeth v. United States Fourth Circuit 2019-04-15 Denied Response WaivedIFP appeal criminal-history criminal-procedure criminal-sentencing district-court due-process evidentiary-rulings fair-trial federal-sentencing-guidelines offense-level reasonable-doubt restitution sentencing sentencing-guidelines Did the District Court use an incorrect criminal history category to sentence Ms. Hedspeth?
18-8804 Carlos Antonio Raymond v. Martin Joseph Roy, et al. Texas 2019-04-12 Denied Response WaivedRelisted (3)IFP appeal appellate-review civil-procedure civil-rights constitutional-rights due-process judicial-discretion manifest-injustice plea-bargain standing trial-procedure waiver waiver-consent Did the District (Trial) Court err in Allowing trial to proceed without first obtaining a written WAIVER consent from Petitioner/Plaintiff?
18-8814 Michael Perales v. United States Fifth Circuit 2019-04-12 Denied Response WaivedIFP appeal criminal-procedure district-court due-process objection preservation-of-error sentencing substantial-arguments Whether parties to a criminal action must lodge a separate objection to the failure of a district court to address substantial arguments for a differe…
18-8746 Tatyana E. Drevaleva v. California Department of Industrial Relations, Division of Labor Standards Enforcement California 2019-04-09 Denied IFP abandonment-of-appeal appeal appeal-dismissal attorney-signature civil-procedure civil-procedure-defects defendant-identification due-process electronic-service motion-to-dismiss party-identification procedural-defect service-of-process standing Shall the Court of Appeal grant Defendants' Motion to Dismiss an Appeal if Defendants improperly served the Plaintiff with this Motion
18-8756 Jonathan S. Williams v. Dr. Kurk, et al. Ninth Circuit 2019-04-09 Denied IFP appeal civil-procedure constitutional-rights dismissal due-process federal-procedure judicial-error prima-facie-case res-judicata standing Did the U.S.D.C. commit legal error by granting defendant's motion to dismiss under res judicata without allowing the appellant an opportunity to cont…
18-8668 Joseph Edwards Teague, III v. North Carolina North Carolina 2019-04-02 Denied IFP affidavit appeal appellate-review detective-affidavit federal-law good-faith-exception probable-cause search-warrant state-law state-vs-federal state-vs-federal-law Was COA17-1134 dispositive of appeal brought to NC Court of Appeals?
18-8646 Norman Hampton v. Gregory McLaughlin, Warden Georgia 2019-04-01 Denied Response WaivedIFP appeal civil-rights criminal-procedure due-process federal-courts habeas-corpus sentencing state-courts Was the petitioner's sentence pronounced unlawfully?
18-8609 Robert L. Clark v. Carroll County Sheriff's Department, et al. Eleventh Circuit 2019-03-29 Denied IFP appeal appeals civil-procedure civil-rights court-of-appeals due-process in-forma-pauperis standing Is the appeal lacking merits?
18-8617 Kristen Patrick Doyle v. United States Fourth Circuit 2019-03-28 Denied Response WaivedIFP appeal appeals circuit-court-review criminal-procedure due-process habeas-corpus jurisdiction legal-motion-type mens-rea sentencing sentencing-enhancement statutory-interpretation Did the United States Court of Appeals for the Fourth Circuit err in its denial of Defendant - Appellant's Motion to be granted relief under the clari…
18-8491 Ernest Marquis Flowers v. Laura Uriarte, et al. Florida 2019-03-20 Denied IFP appeal civil-rights civil-rights-violation constitutional-rights criminal-procedure due-process habeas-corpus judicial-review malicious-prosecution prosecutorial-misconduct sentencing sixth-amendment unlawful-detention Whether petitioner was unlawfully detained in the Florida Department of Corrections under 'fully completed' to verdicts contrary to Florida Supreme Co…
18-8340 Victor Roblero v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-03-08 Denied IFP constitutes a violation of the Sixth Amendment ri specifically the failure to investigate and prese appeal capital-punishment criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mental-health sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel was violated when trial counsel failed to investigate and present evidence of the…
18-8344 James Edward Whitney v. Arkansas Arkansas 2019-03-08 Denied Response WaivedIFP appeal appeal-procedure appeal-process-issues civil-procedure clerk-error clerk-of-court clerk-of-court-duties court-filing due-process institutional-filing notice-of-appeal record record-filing record-lodging standing timeliness Whether the clerk of the court improperly declined to lodge the record on the petitioner's appeal from the order of the Circuit Court for Washington C…
18-8346 Danilo Velasquez v. United States Ninth Circuit 2019-03-08 Denied Response WaivedIFP appeal constitutional-rights criminal-procedure diminished-capacity due-process evidence expert-testimony fundamental-rights life-sentence ninth-circuit sentencing Did the Ninth Circuit fail to protect petitioner's fundamental due process right to present his complete defense?
18-8349 Daverne Michael Foy v. United States Fifth Circuit 2019-03-08 Denied Response WaivedIFP appeal appeal-waiver civil-rights criminal-procedure due-process judicial-proceedings plain-error sentencing sentencing-guidelines substantial-rights waiver Whether the trial court's consideration of non-charged offenses with significantly higher sentencing guidelines constitutes plain error affecting the …
18-8184 Daryl Sharp v. Timothy Dolan District of Columbia 2019-03-01 Denied Relisted (2)IFP appeal civil-procedure civil-rights criminal-procedure due-process evidence free-speech jurisdiction jury-instructions standard-of-review standing Whether the evidence presented at trial was sufficient to support the conviction
18-8219 Jose J. Hernandez v. M. Eliot Spearman, Warden Ninth Circuit 2019-03-01 Denied IFP appeal civil-rights criminal-procedure due-process evidence felony-murder ineffective-assistance newly-presented standing Did appellate counsel render ineffective assistance
18-8148 Johnathan Hawthorne v. United States Eleventh Circuit 2019-02-27 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal armed-career-criminal-act constitutional-interpretation due-process first-step-act new-law pipeline resentencing retroactive-application retroactivity sentencing sentencing-enhancement Whether the 'New Law' of the First Step Act made this an appeal 'Pipeline' case with First Step Act legal protections
18-8107 Dheadry Loyd Powell v. United States Tenth Circuit 2019-02-26 Denied Response WaivedIFP appeal criminal-sentencing district-court district-court-error drug-quantity due-process grouping grouping-of-counts judicial-discretion sentencing sentencing-guidelines ussg-1b1 ussg-calculation Did the District Court err with its finding of a new inaccurate drug quantity?
18-1080 Anderson Living Trust, fka The James H. Anderson Living Trust, et al. v. WPX Energy Production, LLC, fka WPX Energy San Juan, LLC, et al. Tenth Circuit 2019-02-21 Denied Response Waived appeal appellate-jurisdiction civil-procedure class-action class-certification federal-rules-civil-procedure final-judgment microsoft-v-baker mootness settlement-agreement standing tenth-circuit Whether plaintiffs who settle their individual claims may appeal an earlier denial of class certification under Microsoft v. Baker
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
18-8019 Bryan Austin v. United States Eighth Circuit 2019-02-20 Denied Response WaivedIFP appeal certificate-of-appealability circuit-court circuit-split coa congress constitutional-claims due-process habeas-corpus sixth-amendment Whether the determination by the Eighth Circuit Court of Appeals with respect to Petitioner's COA application improperly deviated from the mandates of…
18-8020 Benjamin Besteder, Jr. v. Sean Bowerman, Warden Sixth Circuit 2019-02-20 Denied IFP 6th-amendment 8th-amendment access-to-evidence appeal civil-rights due-process excessive-punishment ineffective-assistance-of-counsel right-to-counsel Whether the petitioner's constitutional rights were violated when the trial court dismissed his motion for a new trial based on the denial of his righ…
18-8015 In Re Michael Ojegba Agbonifo 2019-02-19 Denied Response WaivedIFP appeal constitutional-rights criminal-detention criminal-procedure criminal-proceedings detention due-process indefinite-detention judicial-misconduct legal-representation not-guilty right-to-counsel right-to-trial trial Is it Constitutional for a District Court Judge to Hold an accused in an alleged criminal proceedings indefinitely in detention without TRIAL when the…
18-7987 Ikemefula Charles Ibeabuchi v. Paul Penzone, et al. Ninth Circuit 2019-02-15 Denied Relisted (2)IFP administrative-law appeal civil-procedure civil-procedure-appeal conviction-expungement criminal-procedure due-process habeas-corpus revocation standing Whether the District Judge committed a reversible error by forestalling Appellant's relief pending the outcome of a revocation proceeding
18-7991 George E. Kersey v. Donald J. Trump, President of the United States First Circuit 2019-02-15 Denied Response WaivedIFP 28-usc-1915 appeal appeal-certification civil-procedure complaint-dismissal court-of-appeals dismissal district-court frivolous immunity in-forma-pauperis standing Whether the Court of Appeals properly affirmed the District Court's December 18, 2017 decisions
18-7997 Samuel Gregg Allen v. United States Fifth Circuit 2019-02-15 Denied Response WaivedIFP appeal civil-rights constitutional-provision criminal-procedure due-process fifth-circuit plea-agreement unconstitutional waiver waiver-of-appeal Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Allen's Plea Agreement
18-7945 Carl Allen Watts v. Michigan Michigan 2019-02-13 Denied Relisted (2)IFP appeal appeals appellate-review civil-rights constitutional-question criminal-procedure double-jeopardy due-process equal-protection judicial-bias legal-standard michigan-court-of-appeals procedural-conflict standing Whether the Michigan Court of Appeals decision to reversed and remanded for a new trial in two similarly situated cases as petitioner's case, conflict…
18-7919 Susan Grund v. Julie Murphy, et al. Seventh Circuit 2019-02-12 Denied IFP appeal civil-procedure civil-rights deliberate-indifference eighth-amendment medical-need prisoner-rights summary-judgment Whether the District Court improperly decided disputed factual issues
18-7928 Gilbert Carrasco v. United States Ninth Circuit 2019-02-12 Denied Response WaivedIFP abney-rule appeal bail bail-denial criminal-procedure district-court-jurisdiction double-jeopardy due-process habeas-corpus jurisdiction notice-of-appeal Was U.S. District Court, (S.D. Cal.) divested of jurisdiction because of Abney-rule
18-7879 Clayton D. Colkley v. Maryland Maryland 2019-02-11 Denied IFP 5th-amendment appeal appeals appellate-review constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process jurisdiction motion-to-dismiss trial-court trial-court-jurisdiction Did the court of special appeals of maryland err in affirming trial court's denial of defendant's motion to dismiss on the ground of double-jeopardy?
18-1034 Jefferson A. McGee v. City of Sacramento, California Ninth Circuit 2019-02-08 Denied appeal appellate-review civil-rights conspiracy discrimination discrimination-claims due-process equal-protection federal-financial-assistance racial-discrimination standing Discrimination against African Americans in law enforcement programs receiving federal funding
18-7872 Steven Torres v. Randee Rewerts, Warden Sixth Circuit 2019-02-08 Denied Response WaivedIFP appeal certificate-of-appealability constitutional-rights guidelines habeas-corpus judicial-discretion sentencing sentencing-guidelines sixth-circuit upward-departure Did the United States District Court for the Eastern District of Michigan and the United States Court of Appeals for the Sixth Circuit erroneously den…
18-7788 Sunny Robinson v. United States Fifth Circuit 2019-02-07 Denied Response WaivedIFP appeal appellate-review compassionate-release criminal-justice criminal-procedure district-court-discretion due-process federal-sentencing judicial-discretion sentence-reduction sentencing statutory-interpretation Whether the District Court and the Fifth Circuit erred in not granting relief under Title 18 U.S.C. § 3582
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
18-7736 Robert Davis v. New York New York 2019-02-04 Denied Response WaivedIFP appeal appellate-counsel criminal-appeal due-process ineffective-assistance legal-review procedural-due-process questions-of-fact questions-of-law standing state-court state-court-review Did the State's highest court fail to lawfully review the questions of law in Petitioner's application prior to denying him permission to appeal his c…
18-7616 Rodrigo Tovar Pupo v. United States District of Columbia 2019-02-01 Denied Response WaivedIFP appeal constitutional-issue constitutional-issues criminal-appeal criminal-procedure criminal-procedure-appeal district-court due-process guilty-plea ineffective-assistance-of-counsel offense-enhancement plea-bargaining sentencing-enhancement sentencing-guidelines If Appeals Court erred by not considering the grounds raised by Appellant and denying his appeal disregarding the Constitutional issues raised by Appe…
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…
18-7694 Raymond Crespo v. New York New York 2019-01-31 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal criminal-procedure defendant-rights due-process faretta-v-california judicial-discretion legal-timeliness pro-se-representation right-to-counsel right-to-self-representation self-representation timeliness How soon in the criminal proceeding must a defendant decide between proceeding by counsel or pro se?
18-7682 Stacie Demers v. United States Second Circuit 2019-01-30 Denied Response WaivedIFP appeal appellate-review circuit-court counsel criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-claim sixth-amendment Whether the Circuit Court of Appeals should have decided Ms. Demers's claim of ineffective assistance of counsel
18-965 Donald Sullivan v. Robert Wayne Pugh, et ux. North Carolina 2019-01-25 Denied Relisted (2) appeal appellate-procedure civil-procedure civil-rights constitutional-rights due-process judicial-misconduct jury-trial north-carolina oath-of-office summary-judgment Whether the lower court judges violated their oaths by denying the petitioner's demanded constitutional trial by jury
18-7531 John Paul Galbraith v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-23 Denied IFP 18-usc-3006a 28-usc-2254-rule-8 appeal appointment-of-counsel circuit-justice criminal-justice-act criminal-justice-act-of-1964 due-process evidentiary-hearing indigent-prisoner right-to-counsel Whether a circuit justice has discretion to deny appointment of counsel for an indigent prisoner granted appeal
18-933 Shraddha Patel v. Kirit Patel, aka Kiritkumar Ambalal Patel, et al. Fourth Circuit 2019-01-18 Denied appeal appellate-procedure civil-procedure deadline federal-rules-of-appellate-procedure grace-period notice notice-of-judgment rule-4(a)(5) rule-4(a)(6) time-to-appeal Whether a would-be appellant who missed Rule 4(a)(1)(A)'s deadline to appeal due to a lack of notice of the entry of judgment may seek relief under Ru…
18-947 Michael S. Barth v. Township of Bernards, New Jersey, et al. Third Circuit 2019-01-18 Denied Response Waived appeal appeal-timeliness appeals civil-rights court-of-appeals court-rules due-process ex-parte ex-parte-motion in-camera-review judicial-misconduct misconduct procedural-rules Whether if a member of the Court of Appeals sends a party a 'racist' mailing of a court initiated letter, whether intentional or unintentional, does a…
18-7440 Christopher Whitman v. United States Eleventh Circuit 2019-01-16 Denied Response WaivedIFP 11th-circuit appeal appellate-procedure conflict-of-interest disqualification due-process effective-assistance-of-counsel ineffective-assistance-of-counsel judicial-discretion juror-bribery plain-error-review sentencing-guidelines standing Should the appeals court have appointed an attorney who did not have a conflict of interest?
18-7460 Clint Horvatt v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-16 Denied IFP adversarial-testing appeal change-of-venue civil-procedure competency-hearing criminal-acts criminal-procedure disciplinary-history due-process independent-act-doctrine ineffective-assistance involuntary-intoxication record standing trial-counsel trial-court Did the trial court fail to attach portions of the record?
18-7390 Martin R. Stancik v. United States Sixth Circuit 2019-01-14 Denied Response WaivedIFP appeal appeal-waiver circuit-split constitutional-error constitutional-law criminal-procedure due-process sentencing sixth-circuit waiver Whether a criminal defendant's waiver of his right to appeal a sentence includes a waiver of the right to appeal a later, unforeseen constitutional du…
18-7322 Robert R. Yerton, Jr. v. Jason Bryant, Warden Tenth Circuit 2019-01-09 Denied Relisted (2)IFP appeal confrontation-clause criminal-appeal criminal-procedure due-process expert-witness federal-appeal indigent-defense sixth-amendment tenth-circuit Whether the Tenth Circuit Court erred in holding that the District Court of Tulsa County's refusal to permit a unique expert defense witness to presen…
18-7287 Lamont LaPrade v. United States Third Circuit 2019-01-08 Denied Response WaivedIFP 18-usc-924c appeal collateral-attack crime-of-violence criminal-law due-process firearm-offense predicate-offense sentencing statutory-interpretation Whether the government must show a connection between the predicate offense and the crime of violence for a conviction under 18 U.S.C. § 924(c)
18-7261 Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-07 Denied IFP abuse-of-discretion appeal appealability appellate-jurisdiction civil-procedure fraud-on-the-court habeas habeas-corpus judicial-discretion jurisdiction merits motion-to-reconsider procedural-error rule-60(b) Whether the lower court clearly erred in abusing its discretion by dismissing the appeal as premature/no jurisdiction without addressing the merits of…
18-7190 Zachary Q. Wicks v. Jon H. Radnothy, et al. Florida 2018-12-27 Denied IFP appeal constitutional-rights due-process evidence fourteenth-amendment judicial-procedure medical-malpractice statute-of-limitations testimony trial-court Did the trial court deny Petitioner's due-process rights when it refused to allow testimony or review evidence presented in support of Petitioner's as…
18-7164 Nathan Daniel Knuth v. Randall C. Arp, Judge, District Court for the First Judicial District of Colorado, et al. Colorado 2018-12-21 Denied Response WaivedIFP appeal appellate-review civil-procedure constitutional-rights dismissal due-process evidentiary-hearing judicial-discretion procedural-fairness standing waiver Whether the Colorado Court of Appeals violated Mr. Knuth's constitutional rights to due process
18-800 Linda Shao v. McManis Faulkner, LLP California 2018-12-21 Denied Relisted (2) appeal appeal-dismissal california-rules-of-court conflict-of-interest court-procedure dismissal due-process fraud insufficient-records judicial-ethics judicial-misconduct notice procedural-deception Does due process require reversal of the dismissal of appeal based on the fact that the California 6th District Court of Appeal fraudulently dismissed…
18-7106 Ramiro Plascencia-Orozco v. United States Ninth Circuit 2018-12-19 Denied Response WaivedIFP appeal breach breach-of-contract commerce-clause constitutional-violation criminal-procedure double-jeopardy due-process eleventh-amendment judicial-power plea-agreement sentencing Whether the District Court Erred When it Declared, Petitioner Breached His 2011 Plea Agreement and Thus Allowed the Government to go Forward on Charge…
18-7059 John H. Rosky v. Quentin Byrne, Warden, et al. Ninth Circuit 2018-12-17 Denied IFP access-to-courts appeal appeals appellate-procedure certificate-of-appealability civil-procedure civil-rights district-court-review due-process habeas-corpus judicial-discretion procedural-due-process standing Whether the Court of Appeals for the Ninth Circuit erred in denying petitioner's due process rights and access to the courts
18-7031 Kacey Lewis v. Angel Quiros, et al. Second Circuit 2018-12-14 Denied IFP abuse-of-discretion appeal appellate-procedure civil-procedure dismissal due-process in-forma-pauperis standing Whether the court of appeals erred in denying the petitioner's motion to proceed on appeal in forma pauperis
18-7002 Clifton Stanley Diaz, Jr. v. Washington Metropolitan Area Transit Authority District of Columbia 2018-12-13 Denied IFP appeal appellate-jurisdiction civil-procedure civil-rights constitutional-law damages default-judgment due-process employment judicial-review legal-procedure motion reinstatement remand standing statutory-interpretation Whether the U.S. Court of Appeals for the Tenth Circuit erred in denying the plaintiff's request for monetary damages and reinstatement to his job
18-6969 Brandon Bivins v. United States Eleventh Circuit 2018-12-10 Denied Response WaivedIFP appeal appellate-procedure constitutional-rights due-process eleventh-circuit judicial-review prior-panel-precedent prior-panel-precedent-rule stare-decisis statutory-right statutory-right-to-appeal three-judge-panels Does the Eleventh Circuit too rigidly apply its 'prior panel precedent rule' —effectively denying Eleventh Circuit defendants their statutory right to…
18-6938 Jarrod Phillips v. Rusty Washburn, Warden Sixth Circuit 2018-12-07 Denied Response WaivedIFP appeal appellate-procedure boykin-precedent boykin-v-alabama civil-rights constitutional-review constitutional-rights criminal-procedure due-process eighth-amendment excessive-fines fourteenth-amendment incorporation ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining strickland-standard strickland-v-washington Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause
18-6946 Sergio Louis Trevino v. Texas Texas 2018-12-06 Denied Response WaivedIFP appeal appeal-rights constitutional-challenge criminal-procedure due-process plea-bargaining presentencing-waiver right-to-appeal sentencing sentencing-procedure waiver waiver-of-appeal waiver-validity Can a presentencing waiver of appeal be knowingly and intelligently entered when potential errors cannot be anticipated and the consequences of the wa…
18-6917 Rodolfo Portela v. United States Eleventh Circuit 2018-12-04 Denied Response WaivedIFP appeal competency-hearing conspiracy controlled-substance controlled-substances criminal-procedure criminal-procedure-sentencing drug-conspiracy drug-trafficking evidence-suppression firearm-possession sentencing sentencing-guidelines sufficiency-of-evidence Whether the district court erred in finding sufficient evidence of conspiracy to possess with intent to distribute a controlled substance
18-6790 Clarence Otworth v. Donald J. Trump, President of the United States District of Columbia 2018-11-27 Denied Response WaivedIFP administrative-law appeal appeals civil-procedure constitutional-rights equal-protection federal-jurisdiction final-order jurisdiction notice-of-appeal oath-of-office presidential-nonfeasance standing Is an appeal of a final order and a notice of appeal the same thing?
18-6838 Alvin Leon Roundtree v. United States Fifth Circuit 2018-11-27 Denied Response WaivedIFP appeal appellate-procedure civil-procedure civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pro-se section-2255 sixth-amendment standing Whether the district court's failure to construe Mr. Roundtree's pro se motion for specific performance as a motion to vacate under 28 U.S.C. §2255 co…
18-6696 Octavio Torres Ortega v. Pam Bondi, Attorney General of Florida Eleventh Circuit 2018-11-16 Denied IFP appeal criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal motion-to-suppress public-defender speedy-trial trial-counsel witness-credibility did-the-trial-court-err-in-denying-a-judgment-of-acquittal
18-6716 Jerry Walker, aka Jerry Richmond v. United States Seventh Circuit 2018-11-16 Denied IFP appeal appellate-procedure appellate-review circuit-court conviction conviction-reversal conviction-vacatur criminal-procedure double-jeopardy due-process judicial-review jurisdiction legal-preclusion sentencing superseding-indictment Whether the Seventh Circuit erred in vacating the Petitioner's conviction and sentence pursuant to Count One of his Superseding Indictment
18-6700 Michael DePietro v. Allstate Insurance Co., et al. New Jersey 2018-11-14 Rehearing Response WaivedRelisted (2)IFP appeal case-law civil-procedure civil-rights court-procedure due-process equal-protection fair-trial judicial-bias legal-reconsideration motion-denial new-trial reconsideration standing trial-fairness Why is Judge Fuentes denying everything I brought in front of him, including caselaw?
18-6677 Clarence Darnell Marshall v. United States Eleventh Circuit 2018-11-13 Denied Response WaivedIFP 5th-amendment appeal booker-standard career-offender certificate-of-appealability due-process eleventh-circuit rule-of-lenity sentencing sentencing-guidelines vagueness Whether the Eleventh Circuit applied a heightened standard to the Defendant's request for Certificate of Appealability
18-6619 Dominic C. Robinson v. Mississippi Mississippi 2018-11-08 Denied Response WaivedIFP but the text you've provided appears to be incomp comprehensible text of a SCOTUS petition garbled I cannot extract a meaningful question presented I will respond with: 'Question not identified." or unreadable. Without a clear appeal civil-rights criminal-procedure due-process evidence exculpatory-evidence jury-instructions miranda-rights standing Whether jury instruction 5/4A was improper?
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…
18-6601 Stefone Dwayne Palomo v. United States Fifth Circuit 2018-11-07 Denied Response WaivedIFP anders-review appeal appeal-rights appellate-review due-process fifth-circuit-rules frivolous frivolous-issues ineffective-assistance local-rules merits right-to-appeal sua-sponte-dismissal Does Petitioner's right to an appeal require either a decision on the merits or an Anders review with a finding that all issues are frivolous?
18-6545 Frankie Calanche Lopez v. California California 2018-11-02 Denied IFP appeal criminal-intent criminal-law criminal-procedure due-process intent intent-element mens-rea opportunistic-crime robbery robbery-intent statutory-interpretation Whether the defendant's intent to commit robbery matters
18-6555 Lester Barnett v. City of Gastonia, North Carolina Fourth Circuit 2018-11-02 Denied IFP 14th-amendment 5th-amendment 6th-amendment appeal constitutional-violation due-process judicial-proceedings record record-preservation Was it unconstitutional to not preserve the record of the judicial proceedings in violation of due process of law of the 5th and 14th Amendment of the…
18-569 Linda Shao v. Tsan-Kuen Wang California 2018-10-31 Denied Relisted (2) appeal child-custody civil-procedure conflicts-of-interest constitutional-rights dismissal due-process fraud judicial-misconduct procedural-irregularities rule-8.57 Does due process require reversal of the dismissal where the court fraudulently concealed dismissal and knowingly dismissed the appeal with false grou…
18-6450 Justen Russell v. LaShann Eppinger, Warden Sixth Circuit 2018-10-26 Denied Response RequestedResponse WaivedRelisted (3)IFP 28-usc-2244 aedpa aedpa-limitations appeal appellate-rights diligence due-process equitable-tolling habeas-corpus mental-health-confinement mental-illness right-to-appeal state-created-impediment Does the complete failure by court and counsel to advise a defendant of his right to appeal and the time period in which to do so constitute a 'state-…
18-521 Simpson Juan v. Jneso District Council 1, et al. Third Circuit 2018-10-19 Denied appeal appellate-review civil-procedure final-judgment judicial-certification multiple-claims multiple-parties remand rule-54b If a district court certifies in response to a I.R.C.P. 54(b) remand that one of the judgments in a multiple party/multiple claim action has remained …
18-6341 John William Lieba, II v. United States Ninth Circuit 2018-10-16 Denied Response WaivedIFP appeal appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence jury legal-standard standard-of-review sufficiency-of-evidence Whether sufficient evidence existed to convict Mr. Lieba?
18-6313 Lacoya Washington v. United States Fifth Circuit 2018-10-12 Denied Response WaivedIFP appeal conviction criminal-evidence criminal-law due-process evidence judicial-discretion sentencing sex-trafficking trial trial-severance Whether there was sufficient evidence presented at trial to convict Lacoya Washington of the sex-trafficking-crime
18-425 Alvin E. Williams, et ux. v. Superior Court of California, Los Angeles County, et al. California 2018-10-03 Denied Response Waived appeal civil-procedure civil-rights consumer-protection consumer-warranty-act court-of-appeals due-process fraud fraud-upon-court judgment rico rico-violation song-beverly-consumer-warranty-act superior-court Did the Court of Appeals Second Appellate District Affirm the Judgment of the Superior Court of Los Angeles in favor of Petitioners Alvin E. Williams …
18-6180 Brian Deronceler v. United States Eleventh Circuit 2018-10-02 Denied Response WaivedIFP appeal appellate-review criminal-conviction criminal-procedure district-court due-process eleventh-circuit insufficient-evidence judgment-of-acquittal motion-for-acquittal sentencing sentencing-errors sufficiency-of-evidence Whether the evidence was insufficient to support the defendant's conviction and the motion for judgment of acquittal should have been granted
18-6118 Martin Jonassen v. J. T. Shartle, Warden Ninth Circuit 2018-09-27 Dismissed Response WaivedIFP 4th-circuit appeal appeal-procedure appealable-order civil-procedure district-court due-process final-order judicial-review standing Does the 4th Circuit Court's order violate due process?
18-6083 Jesus Manuel Laureano-Perez v. United States First Circuit 2018-09-24 Denied Response WaivedIFP appeal appellate-review criminal-procedure district-court-discretion due-process government-prosecution plea-agreement sentencing sentencing-enhancement sentencing-guidelines standard-of-review uncharged-conduct Whether the district court erred in enhancing Laureano's sentence based on uncharged conduct
18-6057 Omar Sosa-Gonzalez v. United States First Circuit 2018-09-21 Denied Response WaivedIFP appeal criminal-procedure due-process exclusionary-rule first-circuit fourth-amendment probable-cause search-and-seizure sentencing standing statutory-interpretation Whether the First Circuit erred in affirming the district court's denial of petitioner's motion to suppress evidence obtained in violation of the Four…
18-6069 Joel Cadena v. United States Fifth Circuit 2018-09-21 Denied Response WaivedIFP appeal case-holding circuit-split criminal-procedure due-process habeas-corpus legal-deferral pending-litigation petition-for-writ sentencing statutory-interpretation stay supreme-court supreme-court-review Whether this Court should hold the instant Petition until the resolution of Stokeling v. United States
18-6047 Leo Llowlyn Seed v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-09-20 Denied IFP alibi appeal charging-information civil-rights constitutional-rights criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions trial-counsel verdict-form witness-investigation Whether trial counsel was ineffective for multiple reasons
18-6051 John Phillip Bender v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-09-20 Denied Response WaivedRelisted (2)IFP abuse-of-discretion aedpa-limitations appeal certificate-of-appealability civil-rights constitutional-claims due-process habeas habeas-corpus habeas-review prima-facie-innocence rule-60b standing Did the lower court clearly err abusing its discretion applying certificate of appealability (COA) law outside Constitutional bounds
18-361 Lael J. Alleyne v. Pennsylvania Pennsylvania 2018-09-19 Denied appeal appellate-review criminal-law criminal-procedure due-process imperfect-self-defense jury-instructions manslaughter self-defense supreme-court-pennsylvania trial-court-error voluntary-manslaughter Whether the Supreme Court of Pennsylvania erred in denying a Petition for Allowance of Appeal despite the trial court's improper exclusion of voluntar…
18-6041 Robert Burse v. United States Fifth Circuit 2018-09-19 Denied Response WaivedIFP appeal appellate-review criminal-procedure cross-reference district-court error firearms-offense review sentencing-guidelines u.s.s.g.-§-2k2.1(c)(1)(a) u.s.s.g.-2k2.1(c)(1)(a) Whether the district court erred by applying the Sentencing Guidelines cross reference under U.S.S.G. § 2K2.1(c)(1)(A)
18-6002 David Librace v. Deborah Helton Wright, et al. Eighth Circuit 2018-09-17 Denied IFP appeal civil-procedure civil-rights due-process eighth-circuit federal-jurisdiction legal-notice procedural-defect remand service-of-process standing summary-judgment Whether the lower court erred in granting summary judgment in favor of the respondents when their attorney knew the summary judgment was issued illega…
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…
18-320 CEH Energy, LLC, et al. v. Kean Miller, LLP, et al. Fifth Circuit 2018-09-12 Denied Response Waived appeal appeals appellate-deadline circuit-split civil-procedure judicial-procedure motion-to-alter new-grounds rule-59(e) rule-59e successive-motions tolling tolling-provision Should the Supreme Court reverse this outlier Fifth Circuit case and provide clear guidance to practitioners on when successive Rule 59(e) motions are…
18-5929 David T. Odom v. United States Fourth Circuit 2018-09-12 Denied Response WaivedIFP appeal conditional-plea conditional-plea-agreement criminal-procedure district-court due-process federal-appeals-court fourth-circuit plea-agreement standard-of-review statute-of-limitations Whether a defendant can make a knowing and voluntary decision under a conditional plea agreement when, believing he is preserving his Motion to Dismis…
18-5956 James E. Whitney v. Arkansas Arkansas 2018-09-12 Denied Response WaivedIFP appeal civil-procedure civil-rights criminal-procedure due-process evidence patent search-and-seizure standing takings Whether the petitioner's constitutional rights were violated by the state court's denial of his motion to suppress evidence obtained in violation of t…
18-5934 Deborah M. Wagner v. United States Fourth Circuit 2018-09-11 Denied Response WaivedIFP appeal civil-procedure criminal-appeal criminal-law criminal-procedure district-court-jurisdiction due-process mandatory-victim-restitution-act mvra plea-agreement restitution restitution-order sentencing statutory-authority statutory-interpretation Whether the district court's restitution order was outside the statutory authority of the MVRA
18-5846 Dustin Xavier Wilkins, aka Dxavier Wilkins, aka Xavier Wilkins, aka Chosen Wilkins v. United States District of Columbia 2018-08-30 Denied Response WaivedIFP 6th-amendment appeal court-appointed-counsel criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sentencing sentencing-hearing Whether the petitioner should be allowed to withdraw his guilty plea based on ineffective assistance of counsel
18-5810 Laureano Chirino Rivera v. United States Eleventh Circuit 2018-08-29 Denied Response WaivedRelisted (2)IFP appeal civil-rights constitutional-rights criminal-procedure due-process evidence government-error government-misconduct judicial-error sentencing sentencing-enhancement standing Violation of all constitutional rights, illegal sentence and detention
18-5826 John C. Carter v. Antoine Caldwell, Warden Eleventh Circuit 2018-08-29 Denied Response WaivedIFP appeal appellate-procedure civil-rights constructive-denial-of-counsel criminal-appeal criminal-procedure critical-stage-of-appeal due-process equal-protection habeas-corpus ineffective-assistance-of-counsel right-to-counsel state-criminal-trial-court state-law-limitations Whether the right to have assistance of counsel extends to the appeal stage of the trial proceedings, where the petitioner was allegedly denied such a…
18-5756 Shondolyn Rochelle Blevins v. United States Fifth Circuit 2018-08-24 Denied Response WaivedIFP appeal constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-instructions Did the District Court abuse its discretion when it denied the Petitioner's 28 U.S.C. 2255 motion without an evidentiary hearing?
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…
18-227 Justin Michael Wolfe v. Virginia Virginia 2018-08-22 GVR Response RequestedResponse WaivedRelisted (2) appeal appellate-review class-precedent class-v-united-states constitutional-authority constitutional-law criminal-procedure criminal-procedure-plea-bargaining double-jeopardy due-process guilty-plea plea-bargaining state-court state-court-appeals vindictive-prosecution Whether a guilty plea in state court waives the right to raise on appeal the constitutional authority of the State to prosecute based on a claim of vi…
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?
18-5647 Jeremy R. Mares v. Illinois Illinois 2018-08-20 Denied Response WaivedIFP appeal appellate-review constitutional-representation conviction criminal-procedure direct-appeal due-process felony-conviction ineffective-assistance ineffective-assistance-of-counsel property-recovery right-to-counsel sentence summary-motion Whether counsel appointed in a direct appeal from a felony conviction provides constitutionally sufficient representation where he files an unopposed …
18-5651 Samuel W. Swoopes v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2018-08-20 Denied Response WaivedIFP appeal constitutional-law criminal-procedure defendant defendant-exclusion due-process ex-parte jury jury-question mid-deliberation sixth-amendment Does it violate Due Process and the Sixth Amendment to exclude a defendant from the court's consideration and answering of a jury question?
18-214 Tawoos Bazargani v. Latch's Lane Owners Association, et al. Pennsylvania 2018-08-17 Denied appeal civil-procedure civil-rights constitutionality court-dismissal due-process judicial-process judicial-review legal-entitlement legal-threat medical-leave obstruction-of-justice respondent-intimidation retaliation standing threat threat-of-harm trial-entitlement Whether petitioner is entitled to a trial on the identified claim due to threats from respondent, lower court's dismissal of the claim while petitione…
18-5623 Garland E. Williams v. United States, et al. Fifth Circuit 2018-08-16 Denied Response WaivedIFP appeal appeals appellate-rules circuit-court-procedure civil-procedure due-process harmless-error motion-practice motion-rules notice notice-service panel-assignment standing Whether inadvertent failure Circuit Court Panel Assignment and failure notice service of all alleged court contending deficiencies notices conflict di…
18-5540 Darnell Rush v. Randee Rewerts, Warden Sixth Circuit 2018-08-14 Denied Response WaivedIFP appeal appellate-review criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel jury-instructions motion-for-new-trial sufficiency-of-evidence Whether the defendant-appellant was entitled to a new trial where the trial court failed to answer the defendant's request, Did the trial court err in…
18-5578 Antonio U. Akel v. United States Eleventh Circuit 2018-08-13 Denied Response WaivedRelisted (2)IFP appeal appellate-procedure civil-rights constitutional-violation criminal-procedure direct-appeal due-process exceptional-injustice federal-rules-of-appellate-procedure ineffective-assistance judicial-error right-to-counsel sixth-amendment standing supervisory-authority Whether the undisputed and clear violation of a defendant's Sixth Amendment right to the assistance of counsel on direct appeal results in an exceptio…
18-5547 Jose Estrada-Corrales v. United States Fifth Circuit 2018-08-10 Denied Response WaivedIFP 18-usc-3553 appeal certiorari criminal-procedure due-process federal-appeals remand retroactivity sentencing sentencing-guidelines supreme-court Should this Court grant certiorari, vacate the judgment, and remand in light of Chavez-Meza v. United States
18-5477 Thomas Ebron v. Karen D. Brown, Chair, Virginia Parole Board, et al. Fourth Circuit 2018-08-07 Denied IFP 42-usc-1983 appeal appeals appellate-review civil-procedure civil-rights district-court due-process federal-procedure legal-access standing statutory-interpretation Has the U.S. Court of Appeals abused its discretion and committed reversible error in dismissing Ebron's 42 USC § 1983 appeal, finding no reversable e…
18-5469 Chad Allen Dorton v. United States Sixth Circuit 2018-08-06 Denied Response WaivedIFP appeal appellate-review criminal-procedure district-court due-process judicial-discretion obstruction-of-justice offense-enhancement sentencing-guidelines sixth-amendment standard-of-review Did the district court err in applying the sentencing guidelines offense enhancement for obstruction of justice?
18-5457 Michael Allyn Kennedy v. Texas Texas 2018-08-03 Denied IFP appeal conviction criminal-procedure due-process habeas-corpus indictment jury-trial notice sixth-amendment trial Whether the trial court erred in imposing a conviction without a reading of the indictment, thereby depriving the petitioner of due process and notice…
18-5459 Zachary David Warnell v. Texas Texas 2018-08-03 Denied IFP appeal appeals appellate-procedure constitutional-rights criminal-procedure douglas-v-california due-process effective-assistance-of-counsel equal-protection evitts-v-lucey ineffective-assistance pro-se-representation right-to-counsel Can a state deny a criminal defendant the constitutional right to appeal with the effective assistance of counsel?
18-5463 Michael Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-03 Denied IFP appeal civil-procedure due-process filing-of-record notice opportunity-to-be-heard response right-to-be-heard sanction sanctions Whether due process requires that a petitioner be provided notice and an opportunity to be heard before a sanction is entered against them
18-5366 Ronald David Martin v. Tony Trierweiler, Warden Sixth Circuit 2018-07-26 Denied Relisted (2)IFP appeal confrontation-clause criminal-procedure evidence-admissibility ineffective-assistance ineffective-assistance-of-counsel motion-to-introduce-evidence rape-shield-statute right-to-present-defense trial-court-discretion Whether petitioner was deprived of his right to confront witnesses, his right to present a defense, and his right to the effective assistance of couns…
18-5369 Baboucar B. Taal v. St. Mary's Bank, et al. First Circuit 2018-07-26 Denied Response WaivedIFP 28-usc-455 appeal conflict-of-interest conflicts-of-interest due-process equal-protection fair-adjudication federal-claims judicial-ethics judicial-recusal recusal May a party who is denied Fair and Impartial adjudication of his (federal) claims, deprived of his basic due process and equal protection rights, in a…
18-105 Modesta R. Sabeniano v. Citibank, N.A., et al. Second Circuit 2018-07-24 Denied Response WaivedRelisted (2) appeal appeal-dismissal civil-procedure civil-rights constitutional-rights due-process evidence fourteenth-amendment judicial-review perjury Whether petitioner Sabeniano was denied her constitutional right to due process
18-5299 Derek Antonio Smith v. North Carolina North Carolina 2018-07-23 Denied Response WaivedIFP appeal civil-procedure civil-rights criminal-procedure due-process evidence sentencing standing transcripts Was LR found guilty at trial, when the transcripts of pre-trial clearly show she said nothing happened sexually?
18-5280 Patrick Lanier v. United States Fifth Circuit 2018-07-20 Denied Response WaivedRelisted (2)IFP appeal criminal-procedure eighth-amendment fifth-circuit judicial-proceedings judicial-review manifest-miscarriage plain-error plain-error-review restitution rule-52b sentencing sentencing-error Whether the plain error standard requires a 'manifest miscarriage of justice' to correct a forfeited error affecting substantial rights
18-5287 Luis Salas v. United States Eleventh Circuit 2018-07-20 Denied Response WaivedIFP appeal appellate-review certificate-of-appealability criminal-conviction due-process eleventh-circuit habeas-corpus ineffective-assistance-of-counsel motion-to-vacate sentencing standard-of-review Whether the trial and appellate court erred in denying Petitioner's Motion for Certificate of Appealability?
18-5294 Herbert Pridgen v. United States Fourth Circuit 2018-07-20 Denied Response WaivedIFP adjudication appeal appellate-procedure appellate-review circuit-court-error civil-procedure criminal-procedure due-process ineffective-assistance-of-counsel insufficient-judgment judicial-review jurisdiction legal-adjudication procedural-defect sentencing Did the Circuit Court err in its opinion when it failed to properly address the four issues raised on appeal for adjudication, giving an insufficient …
18-5208 In Re Gregory Bartunek 2018-07-11 Denied IFP appeal civil-rights detention-order due-process habeas-corpus speedy-trial standing Whether the petitioner's detention order violates his constitutional rights
18-5209 Michael Barrett v. United States Fifth Circuit 2018-07-11 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-procedure attorney-client-relationship conflict-of-interest constructive-denial-of-counsel impermissible-risk ineffective-assistance-of-counsel judicial-discretion professional-ethics professional-responsibility right-to-counsel standard-of-review Does it create a conflict of interest for a lawyer to have to argue on appeal that the trial court should have replaced him? Can this create an imperm…
18-5184 Ahmad Sayed Hashimi v. United States Fourth Circuit 2018-07-10 GVR IFP appeal criminal-defense criminal-procedure due-process harmless-error ineffective-assistance-of-counsel right-to-counsel right-to-maintain-innocence sixth-amendment supreme-court-precedent trial-strategy Whether the case of United States v. Anmad Hashimi should be remanded for review and decision by the Fourth Circuit Court of Appeals in light of the U…
18-5168 Jose Palacios, Jr. v. United States Fifth Circuit 2018-07-09 Denied IFP appeal appellate-review circuit-split criminal-procedure criminal-sentencing de-novo-resentencing due-process remand remand-rule resentencing sentencing sentencing-guidelines Should this Court resolve the conflict among the circuits concerning whether the remand rule should be interpreted restrictively, as held by three cir…
18-5162 Ellord Wells v. Mary Potter, Warden Sixth Circuit 2018-07-06 Denied Response WaivedIFP due-process guilty-plea mandatory-sentence sixth-amendment trial-court appeal constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mandatory-sentence sentencing sixth-amendment Whether appellate counsel rendered ineffective assistance by not arguing that the trial court failed to inform the appellant of the mandatory nature o…
18-5141 Taylor Don Frederiksen v. Texas Texas 2018-07-05 Denied IFP appeal appellate-procedure collateral-consequences court-standards criminal-procedure due-process ineffective-assistance judicial-review legal-argument prejudice procedural-rules right-to-appeal right-to-counsel state-court-procedures state-court-rules Whether Mr. Frederiksen should continue to suffer prejudice and collateral legal consequences from his uncounseled conviction when the lower state cou…
18-5098 Thaddeus Williams v. Cindi S. Curtin, Warden Sixth Circuit 2018-07-03 Denied Response WaivedIFP appeal certificate-of-appealability district-court-review due-process equitable-tolling habeas-corpus procedural-timeliness statutory-tolling Whether the district court correctly determined that petitioner's habeas corpus petition was untimely; whether the blanket denial of his motion for ce…
18-5044 Laurenano Angulo Riascos v. United States Eleventh Circuit 2018-07-02 Denied Response WaivedIFP appeal appellate-procedure certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance section-2255 sixth-amendment Whether the Court of Appeals for the Eleventh Circuit erred in denying petitioner's request for a certificate of appealability to review the district …
18-5027 Mark O. Wright v. Virginia Virginia 2018-06-28 Denied Response WaivedIFP appeal criminal-defendant criminal-procedure double-jeopardy due-process judgment-enforcement legal-procedure lesser-included-offense sentencing sixth-amendment state-supreme-court void-ab-initio void-judgment Can a state Supreme Court enforce a judgment against a criminal defendant for an offense that was never charged and which was not a lesser included of…