appellate-rights

49 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-871 Glenn Allen Brooks v. United States District of Columbia 2026-01-22 Pending Response Waived appellate-rights burdick-precedent criminal-procedure due-process fifth-amendment presidential-pardon 1. Whether a Presidential pardon automatically moots a pending appeal when the defendant has clearly expressed his intent to reject or refuse the pard…
25-6533 Arthur Raffy Aslanian v. United States Ninth Circuit 2026-01-09 Pending IFP appeal-waiver appellate-rights criminal-procedure due-process fifth-amendment post-trial-agreement Whether a post-trial waiver of appeal is unknowing and involuntary, and therefore invalid under the Fifth Amendment, where petitioner was not fully ad…
25-6500 Anita Bryant v. Estate of Laura J. Bryant Seventh Circuit 2026-01-07 Pending IFP appellate-rights court-of-appeals in-forma-pauperis judicial-discretion meritorious-claim procedural-dismissal 1. Whether the United States Court of Appeal Seventh Circuit abused its discretion by improperly dismissing an In Forma Pauperis (I FP) action as friv…
25A591 Nadarius Barnes v. United States Tenth Circuit 2025-11-19 Application appellate-rights circuit-split criminal-procedure guilty-plea plea-agreement waiver Whether a defendant who enters an unconditional guilty plea waives the right to challenge on appeal that the admitted facts do not constitute the char…
25-6164 Shannon Bernard Jackson v. Texas Texas 2025-11-19 Denied IFP anders-brief appellate-rights criminal-procedure due-process fourteenth-amendment pro-se-brief QUESTION No. 1: Is a criminal defendant deprived of his rights under the Fourteenth Amendment to the United States Constitution to file a pro se brief…
24A388 Celanese International Corporation, et al. v. International Trade Commission Federal Circuit 2024-10-22 Presumed Complete administrative-proceeding appellate-rights corporate-review federal-circuit international-trade trade-law Whether the Federal Circuit's interpretation of trade law improperly limits corporate appellate rights in administrative trade proceedings
23-7779 Nalerton Charles v. United States Second Circuit 2024-06-21 Denied Response WaivedIFP appellate-rights congressional-intent constitutional-rights due-process judicial-review plea-bargaining prosecutorial-discretion public-policy Whether the time has come for this Court to exercise supervision over the ever-expanding prosecutorial practice of requiring defendants to give up the…
23-7683 Keon Lamont Lee v. United States Sixth Circuit 2024-06-11 Denied Response WaivedIFP appellate-rights circuit-split criminal-procedure due-process guilty-plea guilty-plea-withdrawal plea-bargaining plea-withdrawal sentencing sixth-circuit Should a district court grant a pre-sentencing motion to withdraw a guilty plea if that plea was made without full knowledge of its consequences?
23-7542 Anthony Obute v. United States Fifth Circuit 2024-05-22 Denied Response WaivedIFP appellate-rights appellate-waiver controlled-substance criminal-procedure pharmacy-operations plea-agreement sentencing-enhancement statutory-interpretation Does a defendant's waiver of appellate rights in a plea agreement remain enforceable when the Presentence Investigation Report applies an enhancement …
23A895 Daniel Hess, aka Jason Hess v. United States Eighth Circuit 2024-04-08 Presumed Complete administrative-obstruction appellate-rights due-process inmate-grievance legal-access prison-lockdown Whether prison administrative lockdowns and operational changes that substantially impair an inmate's ability to timely access legal materials and fil…
23A541 Carl Ray McNeil, Jr. v. United States Fourth Circuit 2023-12-13 Presumed Complete appellate-rights constitutional-review criminal-procedure due-process federal-criminal-law fourth-circuit Whether the Fourth Circuit's interpretation of a federal criminal procedural rule improperly limits a defendant's constitutional right to effective ap…
23A464 Ryan Thornton v. Wisconsin Wisconsin 2023-11-22 Presumed Complete appellate-rights attorney-malpractice constitutional-due-process ineffective-assistance pro-se right-to-counsel Whether a criminal defendant's constitutional right to effective assistance of counsel was violated when his retained attorney failed to timely file a…
23A385 Wayne M. English v. Parcel Express, Inc. Texas 2023-10-30 Presumed Complete appellate-rights court-access judicial-review pro-se-litigation procedural-due-process statutory-interpretation Whether a pro se litigant's procedural due process rights are violated when state courts systematically impose excessive barriers, sanctions, and docu…
22-7563 Joseph I. Wilkes v. Ohio Ohio 2023-05-16 Denied Response WaivedIFP appellate-procedure appellate-rights constitutional-rights delayed-appeal due-process equal-protection fifth-amendment fourteenth-amendment plain-language trial-court-jurisdiction Whether the Fifth and Fourteenth Amendments to the United States Constitution were violated when a request for delayed appeal was denied
22-7553 Ivory Joe Tisdale v. United States Fourth Circuit 2023-05-15 Denied Response WaivedIFP appellate-rights constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver Does it violate due process for a defendant to be required to waive his right to appeal in order to enter into an otherwise favorable plea agreement w…
22-7339 Holly Harvey v. Georgia Georgia 2023-04-20 Denied Response WaivedIFP 14th-Amendment appellate-rights criminal-appeals criminal-procedure due-process georgia-courts habeas-corpus ocga-5-6-35 post-conviction-remedies Due-Process
22-6537 Miguel Murillo-Ramos v. United States Ninth Circuit 2023-01-13 Denied Response WaivedIFP appellate-rights civil-procedure corollary-right decision due-process federal-appeal judicial-review legal-remedy procedural-fairness standing Whether, as a matter of due process, the federal right to appeal encompasses a corollary right to a decision
22-390 Shahrouz Jahanshahi v. Superior Court of California, Los Angeles County, et al. California 2022-10-26 Denied Response Waived appellate-rights attorney-fees attorneys-fees civil-procedure due-process equal-protection judicial-sanction limited-jurisdiction rule-of-law sanctions whether-the-superior-court-of-california-has-exceeded-its-jurisdiction
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
21-7914 Andres Santana v. Court of Appeal of California, Second Appellate District California 2022-05-19 Denied Response WaivedIFP appellate-rights board-of-regents civil-rights due-process equal-protection habeas-corpus people-v-wende pro-se-brief state-created-liberty-interest wende-procedure Whether a California Penal Code §1237(b) appeal is a state-created liberty interest under Board of Regents, and if so, whether the right to file pro s…
21-7640 Ramel General v. United States Second Circuit 2022-04-18 Denied Response WaivedIFP appellate-rights circuit-precedent criminal-procedure due-process judicial-review legal-precedent procedural-challenge standard-of-review united-states-v-gomez-perez waiver waiver-enforcement Whether the Petitioner demonstrated that the waiver of his appellate rights is unenforceable under United States v. Gomez-Perez, 215 F.3d 315, 319 (2d…
21-6923 Raymond V. DiGiacomo v. Superior Court of California, City and County of San Francisco California 2022-01-20 Denied Response WaivedIFP ada-1990 appellate-rights court-funding disability-rights due-process judicial-conduct judicial-review legal-access procedural-technicalities reasonable-accommodation state-court-procedure Whether a disabled litigant be allowed a reasonable accommodation to cover which requires one or more of said court's judges to lower their vocal tone…
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(…
21-190 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-…
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?
20-7999 David James Lola v. Miami Herald, Inc., et al. Eleventh Circuit 2021-05-12 Denied IFP access-to-courts appellate-rights civil-procedure constitutional-access court-procedure dismissal in-forma-pauperis judicial-review national-emergency post-conviction-relief procedural-default reconsideration Whether the clerk's entry of dismissal for failure to prosecute should be set aside and the appellant permitted to proceed to rule on the in forma pau…
20-1356 Eduardo Lopez v. United States Eleventh Circuit 2021-03-25 Denied appellate-rights conflict-of-interest counsel-disqualification criminal-procedure disqualification guilty-plea sixth-amendment structural-defect wheat-v-united-states Does a guilty plea automatically waive a defendant's right to appeal a structural defect in the underlying proceedings?
20-1323 Gregory Patmythes v. City of Madison, Wisconsin Seventh Circuit 2021-03-23 Denied appellate-rights civil-procedure clerk court-accessibility due-process electronic-filing federal-rules judicial-discretion pro-se-litigant procedural-failure standing Whether a pro se litigant can be penalized for a CM/ECF failure that renders the clerk's office inaccessible
20-7507 Christopher Faella v. United States Eleventh Circuit 2021-03-18 Denied Response WaivedIFP 18-usc-2259 appellate-rights eighth-amendment plea-agreement restitution sentencing sentencing-appeal statutory-interpretation statutory-maximum waiver Whether a defendant's waiver in his plea agreement of the right to appeal his sentence precludes him from appealing an order of restitution that excee…
20-1095 Darius Wayne Haws v. Idaho Idaho 2021-02-10 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) appeal-waiver appellate-rights constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment guilty-plea plea-agreement Whether a criminal defendant's purported waiver of the right to appeal is knowing, intelligent, and voluntary
20-1056 Justin Wolfe v. Virginia Virginia 2021-02-03 Denied Response RequestedResponse WaivedRelisted (2) appellate-rights constitutional-authority criminal-procedure due-process federal-habeas forfeiture-rule plea-bargaining prosecutorial-misconduct vindictive-prosecution Whether a state court can avoid the federal constitutional issues raised by a vindictive-prosecution claim
20-6890 Chong Leng Lee v. Wisconsin Wisconsin 2021-01-14 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-rights brady-violation court-reporter-act criminal-procedure dismissal due-process evidence-destruction fair-trial transcripts Is dismissal available to remedy a Brady violation and did Chong establish a Brady violation that warrants dismissal?
20-6619 Pedro Carrasco, Jr., aka Pedro Carrasco v. United States Ninth Circuit 2020-12-14 Denied Response WaivedRelisted (2)IFP appellate-rights criminal-procedure dispositive-pretrial-motion effective-assistance-of-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-motion right-to-appeal sixth-amendment Is a criminal defendant deprived effective assistance of counsel as guaranteed by the Sixth Amendment when counsel knowingly withholds from the trial …
20-5862 Markey Antonio Goldston v. United States Fourth Circuit 2020-09-30 Denied Response WaivedIFP appeal-waiver appellate-rights constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-overreach plea-agreement plea-bargaining Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement?
19-8776 Timothy W. Hatter v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-06-22 Denied IFP appellate-rights civil-rights constitutional-claims due-process federal-procedures habeas-corpus ineffective-assistance post-conviction-relief procedural-default standing state-court-review untimely-filing Whether the court can address the petitioner's habeas petition asking for his APPA rights back when a direct appeal is a fundamental constitutional du…
19-8572 Roland Chambers, aka Troy Chambers v. United States Fifth Circuit 2020-05-29 Denied Response WaivedIFP appellate-rights appellate-waiver collateral-relief criminal-sentencing judicial-integrity judicial-process plea-agreement plea-agreements sentencing-rights statutory-entitlement Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
19-8118 Wisconsin, ex rel. Joshua M. Wren v. Reed Richardson, Warden Wisconsin 2020-03-27 Denied Response WaivedIFP appellate-rights constitutional-rights due-process ineffective-assistance-of-counsel laches laches-doctrine postconviction-relief procedural-default right-to-appeal When trial counsel acts ineffectiveness in failing to initiate a requested appeal leaves a defendant without appellate counsel, can delays and misstep…
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…
19-7888 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…
19-6780 Darius Kinney v. Ohio Ohio 2019-11-29 Denied IFP appellate-procedure appellate-rights constitutional-rights due-process effective-counsel ineffective-counsel mail-box-rule ohio-appellate-rules sixth-amendment time-limitation time-limits Were Petitioner's Sixth Amendment rights violated?
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?
19-5931 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…
19-5918 Brandon Kyle Thomas v. United States Eleventh Circuit 2019-09-11 Denied Response WaivedIFP §-2255-motion appellate-rights certificate-of-appealability criminal-appeal idaho-v-garza ineffective-assistance-of-counsel jurisdictional-rule prejudice-standard presumption-of-prejudice roe-v-flores-ortega sixth-amendment strickland-v-washington Was counsel's single statement that 'if you appeal you will get more time' adequate advice or deficient performance?
18-9581 Marcus Arenell Evans v. United States Fifth Circuit 2019-06-07 Denied Response WaivedIFP appeal-waiver appellate-rights booker booker-remedy booker-v-us constitutional-challenge constitutional-law criminal-procedure guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-enhancement sentencing-guidelines-interpretation Does a sentence-appeal waiver frustrate the remedy fashioned by this Court in U.S. v. Booker, thereby rendering the waiver unconstitutional or void as…
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…
18-6582 Kareem Glass v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset Third Circuit 2018-11-06 Denied Response WaivedIFP appellate-procedure appellate-rights capital-punishment constitutional-rights death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel mitigating-circumstances penalty-phase sixth-amendment waiver waiver-of-rights where-capital-counsel-induced-petitioner-into-a-waiver
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-…
18-5946 William A. Parrish, Jr. v. Lyneal Wainwright, Warden Sixth Circuit 2018-09-12 Denied Response WaivedIFP appellate-rights court-of-appeals due-process effective-assistance-of-counsel grand-jury-selection indigent indigent-defendant indigent-litigant judicial-discretion perjured-testimony pro-se right-to-appeal right-to-counsel self-representation speedy-trial transcript trial-transcript Did the State Court of Appeals have the authority to deny a pro se indigent litigant a copy of his trial transcript because he choose to represent him…
18-169 Lance Laber v. Milberg LLP, et al. Ninth Circuit 2018-08-07 Denied Response Waived 28-usc-1291 appellate-rights circuit-split civil-procedure class-action class-certification intervention microsoft-corp-v-baker precedent standing united-airlines united-airlines-inc-v-mcdonald Whether an unnamed putative class member may intervene to appeal the denial of class certification after the named plaintiff's individual claims are d…