appellate-discretion
8 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23-762 | Sam Silverberg v. District of Columbia, et al. | District of Columbia | 2024-01-17 | Denied | Response Waived | appellate-discretion constitutional-challenge constitutional-challenges exclusive-jurisdiction federal-jurisdiction property-rights state-revenues subject-matter-jurisdiction tax-assessment tax-assessments | Whether the exclusive jurisdiction to shield local tax assessments from constitutional challenges in a federal court to protect state revenues can be … |
| 23-57 | Julio Yee Cabrera, et al. v. Enrique Lozano, et al. | Ninth Circuit | 2023-07-21 | Denied | appellate-discretion attorney-fees circuit-court-procedure civil-procedure due-process judicial-discretion judicial-reasoning judicial-transparency legal-reasoning procedural-review standing transparency | Whether a U.S. Court of Appeals panel has unfettered discretion in every matter to withhold all indication of its reasons for ruling | |
| 22-7096 | Appellant 1 and Appellant 2 v. United States | Fifth Circuit | 2023-03-24 | Denied | Response WaivedIFP | appellate-discretion appellate-procedure breach constitutional contract-interpretation cooperation-agreement crime-of-violence judicial-review sentencing sentencing-guidelines | Was it unconstitutional and improper for the Fifth Circuit to rely on the government's newly argued application of an undefined contract provision to … |
| 22-5143 | Malia Arciero v. United States | Ninth Circuit | 2022-07-20 | Denied | Response WaivedIFP | 18-usc-3582 abuse-of-discretion appellate-discretion compassionate-release criminal-justice federal-statute judicial-review motion-reconsideration reconsideration sentencing sentencing-modification | Whether the United States Court of Appeals for the Ninth Circuit abused its discretion in denying Arciero's Motion for Compassionate Release Under 18 … |
| 21-523 | Damon Simon, et ux. v. Roche Diagnostics Corporation | Fifth Circuit | 2021-10-08 | Denied | Response Waived | appellate-discretion appellate-procedure certification civil-procedure court-of-appeals discretion judicial-procedure legal-review standard-of-review state-law state-law-certification | Whether the court of appeals applied an improper standard of review in exercising its discretion when ruling on the Simons' request to certify the dis… |
| 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 … |
| 20-5466 | John Eldridge Cone, Jr. v. Janet Dowling, Warden | Tenth Circuit | 2020-08-24 | Denied | IFP | appellate-discretion circuit-split constitutional-claim constitutional-claims factual-innocence habeas-corpus habeas-petition harmless-error ineffective-assistance-of-counsel ineffective-counsel | When a petitioner supplements his constitutional claim on appeal with a colorable showing of factual innocence, should a Court of Appeals exercise its… |
| 24A729 | Cyrus Mark Sanai v. Melanie J. Lawrence, et al. | Ninth Circuit | Presumed Complete | appellate-discretion judicial-procedure litigation-strategy mandate-recall ninth-circuit pro-se | Whether a federal appellate court improperly exercised its discretion in denying a pro se litigant's request to recall a mandate in a complex multi-pa… |