constitutional-duty

23 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6811 Gifford Johnson, III v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2026-02-13 Pending IFP circuit-court-split constitutional-duty ineffective-assistance newly-discovered-evidence schulp-claim sixth-amendment Whether the Fifth Circuit's application of Schulp's claim was unreasonable when newly presented evidence was not heard at trial and would qualify as n…
25-6736 Tarra Anne Perez v. Donald J. Trump, President of the United States Sixth Circuit 2026-02-06 Pending IFP constitutional-compact constitutional-duty government-branches judicial-protection liberty treason Whether the Constitution remains enforceable when all three branches of government fail to protect the People against actions amounting to treason, th…
25-6395 In Re Wilfredo Feliciano-Rodriguez 2025-12-17 Pending Response WaivedIFP constitutional-duty federal-jurisdiction judicial-power subject-matter-jurisdiction territorial-status writ-of-mandamus Whether the Court of Appeals violated its constitutional duty by failing to determine the absence of federal subject-matter jurisdiction and whether t…
25-7 Dawn Keefer, et al. v. Donald J. Trump, President of the United States, et al. Third Circuit 2025-07-02 Denied Response Waived article-iii-standing constitutional-duty elections-clause federal-elections legislative-authority state-officials Whether individual legislators have Article III standing to sue state and federal executive officials for altering the manner of federal elections in …
24-6970 Brian Kerry O'Keefe v. Eighth Judicial District Court of Nevada, Clark County, et al. Nevada 2025-04-11 Denied IFP appellate-authority constitutional-duty federal-jurisdiction manifest-injustice supremacy-clause trial-court Whether the Supremacy Clause justifies a stay once the trial court had been provected and whether a state court of last resort maintains a constitutio…
24-6307 In Re Bryan Lee Gregory 2025-01-15 Denied Response WaivedIFP constitutional-duty due-process federal-jurisdiction habeas-corpus judicial-review subject-matter-jurisdiction Whether the United States federal court system has a constitutional duty to review and reach the merits of a subject matter jurisdiction challenge in …
24-6199 Leon Paul Kavis, Jr. v. United States Ninth Circuit 2024-12-26 Denied Response WaivedIFP appeal-consultation certificate-of-appealability constitutional-duty flores-ortega ineffective-assistance trial-counsel Could reasonable jurists debate that trial counsel's constitutional duty to consult with a defendant on whether to file an appeal pursuant Rose v. Flo…
23-1374 Keyvon Sellers v. Jerry Nelson, as Personal Representative of the Estate of Eddie Lee Nelson, Jr., Deceased, et al. Eleventh Circuit 2024-07-02 Denied Amici (2) civil-rights constitutional-duty deliberate-indifference due-process equal-protection jail-intake procedural-guideposts procedure qualified-immunity racial-segregation Whether a jail intake officer had a clearly-established constitutional duty to inform others about an inmate's alleged racial animus in underlying cha…
23-680 In Re Frander Salguero 2023-12-22 Denied Relisted (2) brady-rule brady-violation constitutional-duty due-process false-evidence judicial-power mandamus mandamus-petition napue-rule prosecutorial-misconduct Whether mandamus should compel the prosecutor to fulfill his constitutional duty and correct the known false record
23-609 Frander Salguero v. Court of Appeal of California, Second Appellate District, et al. California 2023-12-06 Denied Response WaivedRelisted (2) constitutional-duty false-evidence habeas habeas-corpus mandamus prejudice-test prosecutor-misconduct prosecutorial-misconduct structural-error Whether habeas is the sole remedy or remedy by mandamus is a permissible means to effectuate the constitutional duty to correct false evidence when a …
22-1235 Brandon E. Ogbolu v. Trustees of Columbia University in the City of New York, et al. Second Circuit 2023-06-23 Denied Response Waived civil-rights constitutional-duty disability-discrimination due-process emotional-distress felony-conduct pro-se public-interest standing sua-sponte Whether lower courts have a constitutional duty to sua sponte assess all unlawful conduct and harm to the public interest
22-1028 Loy Arlan Brunson v. Alma S. Adams, et al. Tenth Circuit 2023-04-24 Denied Amici (1)Response Waived civil-rights constitutional-duty due-process electoral-process national-security oath-of-office standing treason Whether the Supreme Court has the authority and duty to immediately cure a serious ongoing national security breach affecting the U.S., Canada, and Me…
21-1606 Chase Yarbrough v. Santa Fe Independent School District, et al. Fifth Circuit 2022-06-29 Denied Response Waived circuit-split civil-rights constitutional-duty due-process nonstate-actor state-created-danger Whether this Court should resolve a Circuit split on the 'state-created danger' theory of a constitutional duty to protect citizens from a nonstate ac…
21-6388 Calvin Roach v. Donald W. Washington, Director, United States Marshals Service, et al. Sixth Circuit 2021-11-23 Denied Response WaivedRelisted (2)IFP 14th-amendment civil-rights constitutional-duty due-process federal-law legal-interpretation military-law military-oath oath-of-office retiree-obligations standing Whether military retirees are bound by their Oath to protect the United States Constitution against foreign and domestic enemies
20-7865 Terry Lee Froman v. Ohio Ohio 2021-04-27 Denied IFP capital-punishment constitutional-duty death-penalty fair-trial jury-selection racial-bias structural-error voir-dire Does trial counsel have an obligation to conduct a meaningful and comprehensive voir dire as it relates to racial bias, explicit or implicit, of juror…
20-1392 Jason Fowler, et al. v. Brittany Irish, et al. First Circuit 2021-04-05 Denied Amici (2)Relisted (3) circuit-split civil-procedure civil-rights constitutional-duty due-process law-enforcement qualified-immunity state-created-danger Did the First Circuit err in denying qualified immunity to Petitioners?
20-6028 Carmencita Maria Pedro v. City Fitness, LLC, et al. Third Circuit 2020-10-15 Denied Response WaivedIFP constitutional-duty due-process equal-protection evidence-fabrication forgery judicial-integrity judicial-misconduct rule-of-law standing If United States District Court Judges are unable to discern the falsity of forged documents, how can the public have confidence in the federal judici…
20-5961 Lemar Gant v. Brian Williams, Sr., et al. Ninth Circuit 2020-10-08 Denied Response WaivedIFP 6th-amendment constitutional-duty criminal-procedure due-process habeas-corpus ineffective-assistance prejudice state-court-review strickland-v-washington witness-investigation Whether the Ninth Circuit erroneously concluded Gant could not establish ineffective-assistance-of-counsel
20-320 Jane Doe, et vir, Individually and as the Natural Parents and Next of Kin of Minor Doe v. Jackson Local School District Board of Education, et al. Sixth Circuit 2020-09-10 Denied circuit-split civil-rights constitutional-duty deliberate-indifference deshaney-exception due-process state-created-danger supreme-court-review Whether DeShaney v. Winnebago Cty. Dep't of Soc. Servs. created the exception of the State Created Danger Test?
19-6409 Sean Reilly v. Florida Florida 2019-10-28 Denied Response WaivedIFP constitutional-duty contract-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel misunderstanding plea-bargaining sixth-amendment written-plea-offers Whether counsel for the accused has a constitutional duty under the Sixth Amendment to document and present the client plea offers (contracts) in writ…
19-6110 Abimael Ayala-Gonzalez v. New York New York 2019-10-01 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review brady-violation constitutional-duty criminal-procedure due-process eyewitness-identification federal-claim ineffective-assistance ineffective-assistance-of-counsel meaningful-representation-standard performance-prejudice-test prosecutorial-misconduct sixth-amendment state-appellate-court strickland-standard strickland-v-washington Does a state appellate court have a duty to resolve a federal claim of ineffective assistance of counsel claim under the Federal performance/prejudice…
18-5417 David Hardy v. William Adams, et al. Sixth Circuit 2018-07-31 Dismissed Response WaivedIFP article-vi civil-procedure civil-rights constitution constitutional-duty due-process judicial-bias judicial-conduct legal-precedent rule-10 sixth-circuit sixth-circuit-court-of-appeals standing supreme-court Do federal judges have a constitutional duty to uphold the U.S. Constitution, via the mandate language of Article VI of same Constitution?
18-114 G. Russell Rollyson, Jr., in His Official and Individual Capacity v. Jeffrey O'Neal, et ux. Fourth Circuit 2018-07-26 Dismissed constitutional-duty due-process notice notice-requirements property-rights qualified-immunity service-of-notice state-auditor statutory-interpretation tax-deed tax-lien tax-lien-purchaser Whether a Deputy State Auditor is entitled to qualified immunity because no previous court had interpreted the State's statutory scheme as imposing th…