bodily-injury
34 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-5446 | Javier Perez v. United States | Ninth Circuit | 2025-08-22 | Denied | Response WaivedIFP | bodily-injury criminal-procedure enhancement-standard judicial-discretion legal-interpretation sentencing-guidelines | Should application of the four-level sentencing enhancement for "permanent or life-threatening bodily injury" under U.S.S.G. § 2A2.1(b)(1)(A) require … |
| 25-5080 | Kevin Coles v. United States | Third Circuit | 2025-07-10 | Denied | Response WaivedIFP | administrative-warrant bodily-injury criminal-investigation fourth-amendment jury-testimony police-report | 1. Whether evidence should have been suppressed because the Government improperly used an administrative warrant as a subterfuge to further a criminal… |
| 24-7297 | Hector Flores, Jr. v. United States | Fifth Circuit | 2025-05-28 | Denied | Response WaivedIFP | assimilated-crimes-act bodily-injury child-endangerment national-park reasonable-doubt survival-circumstances | Whether there was sufficient evidence of an imminent bodily injury because there was "no indication how or when Flores planned to end their 'survival … |
| 24-962 | Autumn Adams v. Kevin Gugliano, Individually and in His Official Capacity as an Officer of the Lincoln County Sheriff's Department, et al. | Eighth Circuit | 2025-03-07 | Denied | bodily-injury civil-rights excessive-force fourth-amendment official-immunity police-misconduct | 1. Where officers pull a citizen to the ground who is not resisting and is compliant with the officers, causing citizen serious injury, does the citiz… | |
| 24-6703 | Lewis Mobley v. United States | Eleventh Circuit | 2025-03-05 | Denied | Response WaivedIFP | bodily-injury crime-of-violence criminal-statute physical-force statutory-interpretation VICAR | Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted us… |
| 24-5814 | John Russell Howald v. United States | Ninth Circuit | 2024-10-23 | Denied | Response WaivedIFP | bodily-injury commerce-clause congressional-power constitutional-limits hate-crime sexual-orientation | Whether the Hate Crime Prevention Act as codified in 18 U.S.C. 249(a)(2), which prohibits the willful bodily injury to a person with the use of a fire… |
| 24-5314 | Martin L. Hunt and Xavier Greene v. United States | Fourth Circuit | 2024-08-13 | Denied | Relisted (2)IFP | bodily-injury circuit-split crime-of-violence mandatory-consecutive physical-force sentencing | 1. Under 18 U.S.C. § 924(c)(8)(A), a felony qualifies as a "crime of violence" if it "has as an element the use, attempted use, or threatened use of p… |
| 24-5243 | Ryan Taybron, Eric Nixon, and Geovanni Douglas v. United States | Fourth Circuit | 2024-08-06 | Denied | Relisted (2)IFP | 18-usc-924c3a bodily-injury circuit-split criminal-statute delligatti-v-united-states omission omission-crime physical-force use-of-force | Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted us… |
| 24-5040 | Juan Alberto Ortiz-Orellana v. United States | Fourth Circuit | 2024-07-10 | Denied | Relisted (2)IFP | attempted use but can be committed by accidental means or by fa has as an element the use or threatened use of physical force bodily-injury crime-of-violence felony-murder force-clause mens-rea modified-categorical-approach physical-force premeditated-murder use-of-force | Under 18 U.S.C. § 924(c)(3)(A), a felony qualifies as a "crime of violence" if it "has as an element the use, at-tempted use, or threatened use of phy… |
| 24-5013 | Jonathan Feliz v. United States | Second Circuit | 2024-07-08 | Denied | Relisted (2)IFP | actus-reus bodily-injury criminal-law criminal-statute elements-clause mens-rea omission physical-force use-of-force violent-crime | Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted us… |
| 23-7767 | In Re Jogaak Jogaak | 2024-06-20 | Denied | IFP | bodily-injury civil-procedure criminal-law criminal-statute due-process federal-law north-dakota-law sentencing-enhancement serious-bodily-injury standing statutory-interpretation violent-felony | Is a Wif\ire ~Rcof +Ke c\ 'ocTious bodily injury as defined m c?0i>fh DaKofa (2drft ed Low 2-TrL-7_(^)? Does 12 0o£)°C' ^>l2>6b Qex^O Ujba-V i<b A Se… | |
| 23-6744 | Darrel R. Fisher v. Robert E. Larsen, Magistrate Judge, United States District Court for the Western District of Missouri | Eighth Circuit | 2024-02-14 | Denied | IFP | 18-usc-1519 bodily-injury civil-rights constitutional-rights due-process false-imprisonment federal-criminal-law jurisdictional-challenge mireles-v-waco | 1) In this matter before the Court, in the WD of MO WD at Kansas City, Mo 64106, in that Federal District Court, did the government ever then in 1999 … |
| 23-6665 | Ole Hougen v. United States | Ninth Circuit | 2024-02-05 | Denied | Response WaivedIFP | badges-of-slavery bodily-injury civil-rights congressional-power criminal-law federal-criminal-law federalism hate-crimes race-discrimination thirteenth-amendment | Whether Congress's power to enforce the Thirteenth Amendment's prohibition on slavery and involuntary servitude authorizes Congress to criminalize ass… |
| 23-825 | Salvatore Delligatti v. United States | Second Circuit | 2024-01-31 | Judgment Issued | Amici (5)Relisted (2) | bodily-injury circuit-split crime-of-violence criminal-law inaction statutory-interpretation use-of-force | Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted us… |
| 22-7516 | Adam Dean Brown v. United States | Sixth Circuit | 2023-05-10 | Denied | Response WaivedIFP | bodily-injury controlled-substance criminal-intent drug-offense due-process felony-statute jury-determination prior-conviction sentencing sentencing-enhancement | 21 U.S.C. § 841(A)(1) makes is a crime to "knowingly or intentionally .. . manufacture, distribute, or dispense, or possess with intent to manufacture… |
| 22-6329 | Phosavan Khamnivong v. United States | Ninth Circuit | 2022-12-19 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment bodily-injury due-process fifth-amendment firearm-enhancement jury-trial reasonable-doubt sentencing sentencing-guidelines sixth-amendment | In United States v. Jones, 574 U.S. 948 (2014), three justices urged the Court to grant certiorari to answer the question left open in Rita v. United … |
| 21-6118 | Kevin Folse v. United States | Tenth Circuit | 2021-10-28 | Denied | Response WaivedIFP | aggravated-battery bodily-injury circuit-split crime-of-violence criminal-law new-mexico sentencing-guidelines statutory-interpretation unlawful-force violent-crime | New Mexico courts have held that the state's aggravated battery statute can be violated by unlawful touching alone. Unlawful touch that results in bod… |
| 20-8257 | Oscar Daniel Rios Benitez v. United States | Fifth Circuit | 2021-06-09 | GVR | IFP | 18-usc-16a bodily-injury borden-v-united-states criminal-law federal-statute legal-definition recklessness statutory-interpretation | Whether 18 U.S.C. §16(a) includes offenses that may be committed by the reckless infliction of bodily injury? |
| 20-7775 | Fita E. Spann v. United States | Eighth Circuit | 2021-04-15 | Denied | Response WaivedIFP | 18-usc-4246 18-usc-4247 bodily-injury conditional-release due-process federal-mental-health-statutes mental-health-statutes psychiatric-examination risk-assessment substantial-risk | WHETHER DUE PROCESS AND THE FEDERAL MENTAL HEALTH STATUTES 18 U.S.C. § 4246 AND § 4247 REQUIRE A NEW MENTAL EXAMINATION, PRIOR TO THE REVOCATION OF A … |
| 20-7731 | Rodney Bernard Allen v. United States | Fifth Circuit | 2021-04-13 | Denied | IFP | armed-career-criminal-act bodily-injury certificate-of-appealability elements-clause fifth-circuit johnson-rule reckless-conduct successive-habeas-petition successive-motion texas-penal-code texas-robbery | 1. In Texas, a defendant commits simple robbery if, during the course of a theft, he recklessly causes someone else to suffer bodily injury or knowing… |
| 20-7020 | Richie Wheeler v. United States | Third Circuit | 2021-02-03 | Denied | Response WaivedIFP | bodily-injury criminal-law criminal-statute deadly-weapon intent jury-finding law-enforcement reckless-driving sentencing sentencing-guidelines | 1. Whether to be guilty of a violation of 18 U.S.C. §111(b), which requires the use of a deadly weapon while forcibly assaulting, resisting, opposing,… |
| 20-741 | Tacara Anderson, on Behalf of Minor Child M. A. v. Officer Jonathan Vazquez | Eleventh Circuit | 2020-11-30 | Denied | Response Waived | 4th-amendment bodily-injury civil-rights due-process excessive-force law-enforcement qualified-immunity use-of-force | Are federal courts required to afford qualified immunity to a law enforcement officer who released a K9 on a child who weighed 75 pounds and was 4 fee… |
| 20-6407 | Jonathan Wallace Gomez v. United States | Fifth Circuit | 2020-11-23 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | assault-definition bodily-injury circuit-split criminal-offense generic-definition legal-interpretation physical-force reckless-causation reckless-conduct | I. Whether a criminal offense defined to include the reckless causation of bodily injury has as an element the use, attempted use, or threatened use o… |
| 20-5871 | Derrick Lenard Smith v. United States | Fifth Circuit | 2020-10-02 | Denied | Response WaivedIFP | 18-usc-924 attempt bodily-injury borden-v-united-states criminal-law criminal-procedure criminal-statute federal-law sentencing-enhancement statutory-interpretation | Whether 18 U.S.C. §924(c)(3)(A) includes all offenses that require an attempt to inflict bodily injury? |
| 19-7986 | Wesley Scott Hamm v. United States | Sixth Circuit | 2020-03-16 | Denied | Response WaivedIFP | bodily-injury conspiracy cooperation criminal-law-bodily-injury criminal-law-conspiracy criminal-law-cooperation criminal-law-sentencing criminal-law-withdrawal criminal-procedure criminal-procedure-acquittal drug-distribution due-process evidence judgment-of-acquittal law-enforcement-cooperation sentencing withdrawal | Question I . Shouldn't a judgment of acquittal have been granted where the government failed to prove that Hamm, arrested on August 25, 2016, in jail… |
| 19-7326 | Jimmy Lee Allred v. United States | Fourth Circuit | 2020-01-16 | Denied | Response WaivedIFP | 18-usc-1513 18-usc-924 armed-career-criminal-act bodily-injury categorical-approach modified-categorical-approach taylor-v-united-states violent-felony violent-force witness-retaliation | 1. Clarification is needed to unite the Circuits in determining when to use the "Categorical Approach" defined in Taylor v. United States, 495 U.S. 57… |
| 19-7123 | Sean Gregory Mitchell v. United States | Fourth Circuit | 2020-01-02 | Denied | Response WaivedIFP | armed-career-criminal-act bodily-injury criminal-sentencing intentional-causation omission physical-force sentencing statutory-interpretation violent-felony | Whether a criminal statute that prohibits the intentional causation of bodily injury to another "by any means," including omissions, is a violent felo… |
| 19-6279 | Fernando Sanchez, Jr. v. United States | Eleventh Circuit | 2019-10-17 | Denied | Response WaivedIFP | armed-career-criminal-act bodily-injury circuit-split criminal-law due-process physical-force united-states-v-castleman violent-felony | Whether the causation of physical injury or death necessarily requires the use of violent force. |
| 18-9812 | Chavez Spotted Horse v. United States | Eighth Circuit | 2019-06-27 | Denied | Response WaivedIFP | assault bodily-harm bodily-injury circuit-split criminal-law dangerous-weapon statutory-interpretation weapon | In 18 U.S.C. § 113(a)(3), Congress has proscribed assault with a dangerous weapon. But this statute does not define "dangerous weapon," so the courts … |
| 18-7432 | Cornell W. Barber v. United States | District of Columbia | 2019-01-15 | Denied | Response WaivedIFP | armed-career-criminal-act bodily-injury criminal-law criminal-statute curtis-johnson-v-united-states mens-rea reckless reckless-conduct reckless-mens-rea united-states-v-castleman violent-felony | I. Whether a criminal offense with a reckless mens rea -- in this case, Assault with a Dangerous Weapon under D.C. Code § 22402, which can be violated… |
| 18-5965 | Rayburn Scott Harmon v. United States | Tenth Circuit | 2018-09-13 | Denied | IFP | bodily-injury castleman-standard civil-rights criminal-law due-process felony-force-clause misdemeanor-force-clause statutory-interpretation supreme-court-precedent united-states-v-castleman violent-act violent-felonies violent-felony violent-force violent-physical-force | Whether the mere causation of bodily injury necessarily includes the use of violent, physical force. |
| 18-5923 | Brent Eugene Sanchez v. United States | Tenth Circuit | 2018-09-11 | Denied | IFP | bodily-injury castleman-standard civil-rights criminal-law due-process felony-force felony-force-clause misdemeanor-force misdemeanor-force-clause precedent standing statutory-interpretation supreme-court-precedent violent-act violent-force violent-physical-force | Whether the mere causation of bodily injury necessarily includes the use of violent, physical force. |
| 18-5532 | Galindo Jose Ruiz-Hernandez v. United States | Fifth Circuit | 2018-08-13 | Denied | Response WaivedIFP | alien-smuggling bodily-injury causation causation-standard criminal-procedure criminal-sentencing due-process foreseeability immigration mens-rea reasonable-foreseeability sentencing-enhancement sentencing-enhancements sentencing-guidelines standard-of-review | Petitioner, GALINDO JOSE RUIZ-HERNANDEZ, was tried and convicted of transporting undocumented aliens within the United States. The District Court adde… |
| 18-5107 | Willard Quinn v. United States | Seventh Circuit | 2018-07-06 | Denied | Response WaivedIFP | bodily-injury crime-of-violence criminal-law force-clause injury sentencing-guidelines statutory-interpretation statutory-requirement violent-force | Whether the force clause of the Sentencing Guidelines' definition of "crime of violence" can be satisfied by a statutory requirement that a defendant'… |