appeal-rights

35 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-7571 Corey Goings v. United States Sixth Circuit 2024-05-28 Denied Response WaivedIFP appeal-rights appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining racial-discrimination sentencing I. Whether the Plea Agreement's general waiver of appeal rights included a waiver of appealing a sentence based on the impermissible factor of race.
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…
23-5018 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 During post-conviction proceedings in Tulsa County, Oklahoma, Petitioner was deprived of right to appeal or challenge numerous orders of the court and…
22-7404 Tomas Jaramillo v. United States Fifth Circuit 2023-04-28 Denied Response WaivedIFP appeal-rights attorney-client-communication attorney-consultation consultation-duty criminal-appeals criminal-defendant criminal-procedure flores-ortega-standard ineffective-assistance-of-counsel right-to-appeal sentencing Whether, when a criminal defendant expresses interest in an appeal and concern over the length of his sentence, an attorney who fails to hold a follow…
22-7266 Levar Lee Spence v. Pennsylvania Pennsylvania 2023-04-13 Denied IFP appeal-rights appellate-review brady-violations constitutional-rights due-process habeas-corpus self-representation statutory-authorization statutory-interpretation I. Did the Pennsylvania Supreme Court decision provide the necessary warrant of authority to Subsume the Constitutional Writ of Habeas Corpus ad sobti…
22-7161 Moses D. Estrada v. California California 2023-03-30 Denied IFP access-to-courts appeal-rights appellate-procedure civil-procedure court-of-appeals due-process finality procedural-fairness time-limitation timeliness transcript-denial 1* JtA.i.-bb«. Served ijKe^ ' 1~ke )-f's order S| fcce "flte rwo'floh K^A-S snUrwiH^d feM.es «.ppe.|(«.n.'f' five opp^r-fi** rfy "t^ ^utUe ^ A-f*pl' «…
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…
21-1096 Alice Guan v. Ellingsworth Residential Community Association, Inc. Eleventh Circuit 2022-02-07 Denied appeal-rights appeals bankruptcy bankruptcy-procedure civil-procedure court-order due-process final-order judicial-error procedural-rules standing Whether the Courts Erred by Misstating Alice Failed to Properly Amend Her Notice of Appeal when Alice Guan Did Correctly File 3 Notices of Appeals. W…
21-1057 Oracle Corporation v. Hewlett-Packard Company California 2022-01-31 Denied Amici (1) appeal-rights civil-procedure civil-rights constitutional-rights damages-award due-process first-amendment free-speech litigation-activity petition-clause standing The First Amendment to the Constitution protects "the right of citizens to petition the government," U.S. amend. I, which this Court has held "protect…
21-6955 Erica Umbay v. United States Ninth Circuit 2022-01-25 Denied Response WaivedIFP appeal-rights criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interstate-commerce plea-bargaining plea-withdrawal sentencing-guidelines Whether a Criminal Defendant Can Withdraw a Plea Under Federal Rule of Criminal Procedure 11(b)(3) if the Plea Lacked an Adequate Factual Basis? Whet…
20-1699 E. M. M., et al. v. Douglas County, Colorado, et al. Tenth Circuit 2021-06-08 Denied Response Waived appeal-rights appeals circuit-split civil-procedure civil-rights due-process ex-parte federal-jurisdiction procedural-due-process standing sua-sponte-dismissal subject-matter-jurisdiction 1. Whether a "bright line" rule requires post-deprivation notice and hearing for ex parte child seizures, as the FIFTH Circuit holds, or whether the r…
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 1. 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 A…
20-7079 Lorenzo Liwayne Barnes v. United States Fourth Circuit 2021-02-08 Denied Response WaivedIFP appeal-rights criminal-appeal criminal-procedure drug-crimes due-process fourth-circuit ineffective-assistance ineffective-assistance-of-counsel narcotics-distribution perjury sentencing sentencing-factors Whether the United States Court of Appeal 4th Circuit violated the United States V McCarthy Rule. Whether the United States Court of Appeal 4th Circu…
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 Alvin E Medina, the Petitioners, request this Petition for Writ of Certiorari be granted given the salient issue equitable tolling, and the constituti…
19-8893 Darryl Henry v. United States Fifth Circuit 2020-07-02 Denied Response WaivedIFP appeal-rights appeal-waiver circuit-split collateral-relief criminal-sentencing involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining sentencing-rights statutory-entitlement Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
19-8798 Rafeeq Salahuddin v. David Shinn, Director, Arizona Department of Corrections Arizona 2020-06-24 Denied Relisted (2)IFP appeal-rights batson-rule civil-rights constitutional-rights criminal-procedure due-process equal-protection jury-selection legal-procedure retroactivity whether a state count of last resort has power to destroy a dependant's constitutional vight to trial by jury whosemember's are selected by non-discri…
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 BECAUSE OF A BREAKDOWN IN THE JUDICIAL OPERATION OF THE FEDERAL COURTS, WHEN IT FAILE…
19-791 Anderson Law Offices, et al. v. Common Benefit Fee and Cost Committee Fourth Circuit 2019-12-20 Denied appeal-rights appeal-waiver appellate-review civil-procedure common-benefit-fund court-review due-process equitable-relief federal-courts federal-jurisdiction federal-procedure judicial-discretion judicial-responsibilities standing waiver Whether federal district courts possess the authority to require appeal rights to be waived as a condition for receiving an award available under law.…
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. The denial is so ob…
19-6783 Virgil Lamont Jarvis v. David Allison, Sheriff, Pearl River County, Mississippi, et al. Fifth Circuit 2019-12-02 Denied Relisted (2)IFP administrative-review appeal-rights appeals civil-procedure civil-rights district-court due-process exhaustion-of-administrative-remedies in-forma-pauperis jury-trial legal-procedure prison-litigation-reform-act standing summary-judgment Question not identified.
19-6615 Jayvonne Johnson v. United States Fifth Circuit 2019-11-13 Denied Response WaivedIFP appeal-rights appellate-rights appellate-waiver collateral-relief criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-agreements statutory-entitlement statutory-rights Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
19-6363 David Pearson v. United States Eleventh Circuit 2019-10-24 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal-rights armed-career-criminal armed-career-criminal-act categorical-analysis drug-offense drug-offenses ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum plea-agreement sentencing sentencing-enhancement statutory-maximum 1. Did the court of appeals, in rejecting petitioner's claim that his sentencing counsel provided ineffective assistance by failing to challenge his a…
19-6098 Pablo Enrique Rosado-Sanchez v. Puerto Rico Department of Education, et al. First Circuit 2019-10-01 Denied IFP appeal-rights appeals appellate-procedure appellate-review bankruptcy bankruptcy-stay civil-procedure civil-rights due-process judicial-misconduct promesa-act standing supreme-court-review 1. On a letter dated September 18, 2019, the Clerk of the Court for the First Circuit, certified the Appeal 17-2105 status, and I quote: " In sum, you…
18-9839 Robert E. King v. Oklahoma Oklahoma 2019-06-27 Denied IFP appeal-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance ineffective-assistance-of-counsel juvenile-justice post-conviction-relief racial-discrimination Did Oklahoma 's Appellate Court "The Oklahoma Court of Criminal Appeals " deprive Robert E. King the right to equal protection of the law afforded to …
18-9672 Jill Andras LeBlanc v. United States Fifth Circuit 2019-06-14 Denied Response WaivedIFP appeal-rights appellate-waiver circuit-split criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining sentencing-procedure statutory-rights The right to appeal a criminal sentence is a statutory entitlement under 18 U.S.C. § 3742. But in many federal jurisdictions—including the Eastern Dis…
18-8829 Leonid Djuga, aka Leonid Dzhuga v. United States Fifth Circuit 2019-04-15 Denied Response WaivedIFP appeal-rights appellate-waiver circuit-split criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining statutory-rights Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
18-7806 George Berka v. City of Middletown, Connecticut Connecticut 2019-02-07 Denied Relisted (2)IFP administrative-law administrative-procedure appeal-rights appeals civil-procedure due-process judicial-review notice notice-of-rights public-health-law state-law Did the Connecticut Department of Public Health act improperly, and deny the Petitioner his right to due process, by failing to inform him on how to p…
18-7439 Gregory M. Ward v. United States Fifth Circuit 2019-01-16 GVR Response RequestedResponse WaivedRelisted (3)IFP appeal-preservation appeal-rights due-process evidence-hearing evidentiary-hearing guilty-plea ineffective-assistance motion-to-suppress plea-bargaining sixth-amendment trial-counsel Petitioner contends that his trial counsel, Eddie Jordan, was ineftective because he: erroneously advised Petitioner that, by pleading guilty without …
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 Constitutionally, when a presentencing waiver of appeal is not bargained for in exchange for an agreed upon sentence, can that waiver be knowingly and…
18-694 Derek T. Williams v. Merit Systems Protection Board, et al. Federal Circuit 2018-11-27 Denied appeal-rights civil-rights current-continuous-service due-process federal-employment merit-systems-protection-board preference-eligible united-states-postal-service veterans-rights 1. Whether a preference-eligible veteran maintains "current continuous service in the same or similar positions" under § 7511(a)(1)(B) when the agency…
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 I. 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? II.…
18-6240 Darryl Johnson v. United States Second Circuit 2018-10-09 Denied Response WaivedIFP appeal-rights constitutional-error due-process evidentiary-hearing guilty-plea habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel plea-bargaining sentencing Was Petitioner's guilty plea sustained in violation of due process warranting habeas relief where the district court failed to advise the petitioner c…
18-196 Francis Supeno, et al. v. Secretary, Vermont Agency of Natural Resources Vermont 2018-08-14 Denied Response Waived administrative-penalty administrative-procedure appeal-rights civil-procedure due-process environmental-regulations fourth-amendment notice penalties property-access property-rights regulatory-criteria regulatory-enforcement 1. Whether the assessment of a penalty, in a proceeding entirely separate from and subsequent to a hearing on the underlying merits, constitutes a den…
18-5420 Tyler T. Heagy v. Pennsylvania Pennsylvania 2018-07-31 Denied Relisted (2)IFP appeal-rights constitutional-rights criminal-procedure due-process filing-restrictions habeas-corpus post-conviction-relief procedural-due-process right-to-appeal right-to-counsel standing statutory-interpretation unconstitutional-as-applied Was 42 Pa.C.S.A. §9543 (a)(1)(i) unconstitutional as applied to Petitioners case? Were 42 Pa.C.S.A. §9545 (b) and (c) unconstitutional as applied to …
18-5140 M. P. F. v. Alabama Alabama 2018-07-05 Denied Response WaivedIFP access-to-courts appeal-rights constitutional-rights court-transcripts due-process equal-protection habeas-corpus post-conviction-relief procedural-default procedural-rules void-judgment Dues Your Petitioner have a Constitutional Right to his Guilty Plea Hearing transcripts to perfect an appeal ? Does a Circuit Court Clerk have a cons…