clearly-erroneous
16 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-5694 | Eric Brenes-Colon v. United States | Eleventh Circuit | 2025-09-22 | Denied | Response WaivedIFP | appellate-review clearly-erroneous findings-of-fact judicial-discretion record-support standard-of-review | Whether a district court's findings of fact must be reversed when they are unsupported by the record? |
| 24-6113 | Laura Hammett v. Portfolio Recovery Associates, LLC, et al. | Eighth Circuit | 2024-12-10 | Denied | Response WaivedRelisted (2)IFP | appellate-review civil-procedure clearly-erroneous due-process judicial-discretion summary-affirmance | Whether the Eighth Circuit violated due process by affirming district court orders without addressing clearly erroneous findings and apparent legal er… |
| 24-257 | Harley Marine Services, Incorporated v. Conrad Shipyard, L.L.C., et al. | Fifth Circuit | 2024-09-06 | Denied | Response Waived | agency-authority appellate-review clearly-erroneous contract-interpretation corporate-liability fifth-circuit-ruling | Whether the Fifth Circuit violated the fundamental principle of appellate review by affirming a trial court's ruling without evidentiary support for a… |
| 23-7845 | Kenneth Jackson, Jr. v. United States | Sixth Circuit | 2024-07-02 | GVR | Relisted (2)IFP | appeals civil-procedure clearly-erroneous court-of-appeals manifest-injustice prior-decision | Whether the court of appeals erred in finding that its prior decision was not clearly erroneous and would work a manifest injustice? |
| 23-1335 | Harley Marine Financing, LLC v. Tug Construction, LLC | Ninth Circuit | 2024-06-24 | Denied | Response Waived | appellate-review bareboat-charter clearly-erroneous contract-breach evidentiary-support findings-of-fact maritime-law trial-record vessel-condition | Whether the Ninth Circuit violated the fundamental principle of appellate review that a finding of fact is clearly erroneous if there is no evidentiar… |
| 23A340 | Joshua E. Bufkin v. Denis McDonough, Secretary of Department of Veteran Affairs | Federal Circuit | 2023-10-16 | Presumed Complete | benefit-of-the-doubt-rule clearly-erroneous section-7261 service-connection standard-of-review veterans-benefits | Whether 38 U.S.C. § 7261(b)(1) requires the Veterans Court to conduct de novo review of the Board of Veterans Appeals' application of the benefit-of-t… | |
| 23A303 | Daryl Anthony Green v. Prince George's County Office of Child Support, et al. | Fourth Circuit | 2023-10-06 | Presumed Complete | bankruptcy clearly-erroneous due-process fourteenth-amendment real-estate-fraud writ-of-certiorari | Whether the Fourth Circuit violated due process and the Fourteenth Amendment by affirming dismissal of bankruptcy proceedings without addressing mater… | |
| 20-5225 | Dion Alexander v. United States | Fourth Circuit | 2020-07-30 | Denied | Response WaivedIFP | appeal-waiver clearly-erroneous coram-nobis garza-v-idaho plea-agreement type-c-plea | Can an appeal waiver in a Type-C plea agreement bar a claim that the district court's rationale for approving the agreement was clearly erroneous? |
| 19-8757 | George W. Gibbs v. Robert LeGrand, Warden, et al. | Ninth Circuit | 2020-06-19 | Denied | Response WaivedIFP | charge-severance child-sex-assault clearly-erroneous counsel-error criminal-procedure drug-counts ineffective-assistance ineffective-assistance-of-counsel ninth-circuit-review prejudice prejudicial-joinder severance | Whether the Ninth Circuit's rejection of Gibbs's ineffective assistance of counsel claim was clearly erroneous |
| 19-8372 | Abdul Hakiym Ismaiyl v. Donald C. Nugent | Sixth Circuit | 2020-04-28 | Denied | IFP | abuse-of-discretion appellate-review circuit-court-review clearly-erroneous clearly-erroneous-standard factual-findings frivolous-claims in-forma-pauperis judicial-discretion record-review standard-of-review | Whether a Circuit court abdicates its duty by accepting clearly erroneous factual findings without reviewing the record |
| 19-7812 | Lajbar Lajaward Khan v. United States | Second Circuit | 2020-02-28 | Denied | Response WaivedIFP | clearly-erroneous criminal-procedure declaration district-court drug-quantity drug-weight fatico-hearing objections probation-office role-enhancement sentencing sentencing-guidelines standard-of-review | Whether the District Court's findings as to drug weight and role were clearly erroneous |
| 19-5215 | Lowrell Neal v. United States | Sixth Circuit | 2019-07-19 | Denied | Response WaivedIFP | 2255-motion appellate-review circuit-court clearly-erroneous criminal-procedure habeas-corpus law-of-the-case manifest-injustice procedural-error sixth-circuit | Did the Sixth Circuit err by holding the district court properly applied the law-of-the-case to an issue presented in 2255 motion when prior appellate… |
| 18-8216 | Zavia L. Johnson v. United States | Third Circuit | 2019-03-01 | Denied | Response WaivedIFP | appellate-review clearly-erroneous clearly-erroneous-standard law-enforcement-officer law-enforcement-testimony scott-v-harris standard-of-review testimony video-evidence videotape videotape-evidence | Does a federal courts of appeals misapply the clearly erroneous standard of review when it upholds a district court's crediting of a law enforcement o… |
| 18-1003 | Norma L. Slone, et al. v. Commissioner of Internal Revenue | Ninth Circuit | 2019-02-01 | Denied | Response Waived | appellate-review clearly-erroneous fact-finding factual-findings judicial-procedure standard-of-review tax tax-court tax-court-deference | Whether a court of appeals may reverse a fact-dependent ruling of the tax court without articulating any standard of review, finding that any of the t… |
| 18-746 | County of Los Angeles, California, et al. v. Angel Mendez, et al. | Ninth Circuit | 2018-12-12 | Denied | 42-usc-1983 4th-amendment causation circuit-review civil-rights clearly-erroneous fourth-amendment intervening-event proximate-causation proximate-cause reasonable-force remand search-warrant section-1983 standard-of-review use-of-force warrantless-search | Whether a plaintiff's injuries resulting from a police officer's use of force may be proximately caused by the officer's failure to secure a search wa… | |
| 18-5476 | Abdul Hakiym Ismaiyl v. Fatimah D. Brown, et al. | Sixth Circuit | 2018-08-07 | Denied | IFP | abuse-of-discretion civil-procedure civil-procedure-52 clearly-erroneous due-process fabricated-facts fact-finding judicial-discretion pleadings rule-12b6 rule-52 rule-60 | Whether the fact-finding process under Fed. R. Civ. P. 52 permits a court to fabricate or use fabricated facts not found in the pleadings, altering th… |