| 25-953 |
Finesse Wireless LLC v. AT&T Mobility LLC, et al. |
Federal Circuit |
2026-02-11 |
Pending |
|
credibility-determination expert-testimony federal-circuit judgment-as-matter-of-law jury-verdict patent-law |
Whether a purported inconsistency in the testimony of an expert witness is an issue of credibility for the jury to resolve, as every regional circuit … |
| 25-813 |
Kim Bogardus v. City of Yakima, Washington |
Washington |
2026-01-09 |
Pending |
|
americans-with-disabilities-act credibility-determination disability-claims judicial-estoppel social-security-disability summary-judgment |
In Cleveland v. Policy Management Systems Corp., 526 U.S. 795 (1999), this Court held that a claim of total disability for Social Security Disability … |
| 25-5902 |
Ramon Simpson v. United States |
Eighth Circuit |
2025-10-16 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-split credibility-determination evidentiary-hearing section-2255 sixth-amendment |
Whether, in light of a profound and acknowledged circuit split, a district court may deny a § 2255 hearing by making a dispositive credibility determi… |
| 25-5100 |
David Joseph Peterson v. Black Body Corporation, dba Antec, Incorporated, et al. |
Fourth Circuit |
2025-07-15 |
Denied |
Response WaivedIFP |
constitutional-right credibility-determination due-process jury-trial seventh-amendment summary-judgment |
1. Whether the lower court erred in making credibility determinations in allowing Respondent's Motion for Summary Judgment thereby denying Petitioner … |
| 24-880 |
NexPoint Asset Management, L.P., fka Highland Capital Management Fund Advisors, L.P., et al. v. Highland Capital Management, L.P. |
Fifth Circuit |
2025-02-18 |
Denied |
Response Waived |
circuit-split credibility-determination material-fact non-moving-party self-serving-testimony summary-judgment |
Whether, contrary to the decisions of multiple other circuits that properly preserve the province of the jury to decide genuinely disputed issues of m… |
| 24-816 |
Phillip Joshua Yellin v. United States |
Ninth Circuit |
2025-01-31 |
Denied |
Response Waived |
actual-innocence certificate-of-appealability credibility-determination habeas-corpus judicial-review ninth-circuit |
In Miller-El1, this Court held of the relatively low
level of showing necessary from a habeas Petitioner like
Phillip J. Yellin to be entitled to a … |
| 24A677 |
NexPoint Asset Management, L.P., fka Highland Capital Management Fund Advisors, L.P., et al. v. Highland Capital Management, L.P. |
Fifth Circuit |
2025-01-10 |
Presumed Complete |
|
bankruptcy-litigation burden-of-proof credibility-determination oral-agreement summary-judgment testimonial-evidence |
Whether the Fifth Circuit erred in applying the summary judgment standard under Rule 56 by drawing its own credibility determinations and adverse infe… |
| 24-452 |
Louis Frantzis v. Todd B. Hunter, Acting Secretary of Veterans Affairs |
Federal Circuit |
2024-10-22 |
Denied |
Amici (2) |
administrative-law board-of-veterans-appeals credibility-determination due-process hearing-procedure veterans-benefits |
"The fundamental requirement of due process is the opportunity to be heard 'at a meaningful time and in a meaningful manner.'" Mathews v. Eldridge, 42… |
| 23-6386 |
Michael Andrew King, Jr. v. United States |
Fourth Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
appellate-review credibility-determination criminal-procedure due-process due-process-rights evidence jury-instructions jury-trial mask-obstruction witness-credibility witness-testimony |
Whether an appellate court's traditional deference to credibility determinations made by jurors in returning a guilty verdict should give way where th… |
| 23-5767 |
Fidel Flores v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-10-12 |
Denied |
Response WaivedIFP |
complainant-credibility credibility-determination expert-testimony harmless-error lay-testimony sixth-amendment strickland-prejudice strickland-standard |
1. Did the Fifth Circuit err in its review of Petitioner's Sixth Amendment claim – and its evaluation of Strickland prejudice – when it determined tha… |
| 23-346 |
Torriano Walpool v. Texas |
Texas |
2023-10-02 |
Denied |
Relisted (2) |
actual-innocence credibility credibility-determination criminal-procedure deference-to-trial-court due-process habeas-corpus standard-of-review trial-court-findings |
In Texas law, the Texas Court of Criminal Appeals considers the trial court the "eyes and ears" of the Court in making findings to aid the Court in de… |
| 23-339 |
J. M. F. v. New Jersey Department of Treasury, Division of Pensions and Benefits |
New Jersey |
2023-10-02 |
Denied |
Response WaivedRelisted (2) |
administrative-hearing administrative-law burden-of-proof civil-rights credibility credibility-determination disability disability-benefits due-process first-amendment |
1. Whether ALJs violate the rule of law by depriving
petitioners of their disability pensions on credibility
grounds when petitioners have met their… |
| 22-7429 |
Melecio Santana Delacruz, aka Ricardo Vergara v. Texas |
Texas |
2023-05-01 |
Denied |
IFP |
credibility-determination habeas-corpus ineffective-assistance ineffective-assistance-of-counsel perjury record-evidence sixth-amendment |
Understariding that the Texas Gourt of Criminal Appeals is the
ultimate fact finder in Texas habeas corpus cases, and the weight
placed upon Trial C… |
| 22-6349 |
Daniel Nepomuceno v. Erin Reyes, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
28-usc-2254 constitutional-rights credibility-determination due-process federal-habeas guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief state-post-conviction-proceedings |
Could reasonable jurists debate whether a state court's dispositive credibility determination regarding federal constitutional rights, based on a writ… |
| 22-5187 |
Jesus Maya-Zapata v. California |
California |
2022-07-26 |
Denied |
Response WaivedIFP |
appellate-review batson-challenge batson-v-kentucky credibility-determination judicial-procedure jury-selection peremptory-challenge peremptory-excusal-of-a-juror reasonableness-of-stated-justifications sixth-amendment |
Review is requested to clarify whether there is a single deferential standard of appellate review for Sixth Amendment claims arising under Batson v. K… |
| 21-6272 |
Igor Perlov v. California |
California |
2021-11-15 |
Denied |
Response WaivedIFP |
credibility credibility-determination criminal-charge due-process harmless-error jury-instruction reasonable-doubt sixth-amendment |
A jury convicted petitioner of unlawful possession of ammunition, which police found in a cardboard box in the trunk of his car. Petitioner testified … |
| 21-6260 |
Samuel Lee Murchison v. United States |
Fourth Circuit |
2021-11-12 |
Denied |
Response WaivedIFP |
appellate-review credibility-determination factual-findings findings-of-fact fourth-circuit judicial-procedure standard-of-review trial-court video-evidence |
Did the Fourth Circuit err by employing a "particularly defer[entional]" standard of review to findings of fact by the trial court that did not involv… |
| 20-1246 |
Anna Valentine, Warden v. Johnny Phillips |
Sixth Circuit |
2021-03-09 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review brady-disclosure brady-v-maryland credibility-determination district-court expert-witness federal-civil-procedure federal-habeas habeas-corpus standard-of-review |
(1) Did the Sixth Circuit violate Fed. Rule Civ. P. 52(a)(6) when it failed to apply the proper, heightened and deferential standard to the district c… |
| 20-6928 |
Timothy Ivey v. United States |
Fifth Circuit |
2021-01-25 |
Denied |
Response WaivedIFP |
credibility credibility-determination due-process fifth-amendment out-of-court-identification reliability revocation revocation-hearing supervised-release |
(1) Does a district court violate a defendant's due process rights by relying solely on an uncorroborated, recanted, out-of-court identification to re… |
| 20-5549 |
Javier Lopez-Garcia v. United States |
Fifth Circuit |
2020-09-01 |
Denied |
Response WaivedIFP |
appellate-review credibility-determination credibility-determinations fact-finding factual-issues federal-sentencing judicial-standard precedent reasonableness-review standard-of-review wrongful-incarceration |
Whether review for reasonableness in federal sentencing requires a separate, more deferential, standard of review for credibility determinations than … |
| 20-5501 |
Andrew Darvin Hersh v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2020-08-27 |
Denied |
IFP |
ativan-influence confession-admissibility credibility-determination credibility-determinations due-process federal-court-review ineffective-assistance-of-counsel involuntary-confession non-custodial-confession state-court-findings state-court-review |
Ground I. Does a 'non-custodial' confession uttered under the influence of the prescription drug, 'Ativan,' render a confession involuntary and inadmi… |
| 19-1156 |
Merrick B. Garland, Attorney General v. Cesar Alcaraz-Enriquez |
Ninth Circuit |
2020-03-20 |
Judgment Issued |
|
administrative-adjudication administrative-law appellate-procedure appellate-review credibility credibility-determination due-process immigration-law judicial-review standard-of-review withholding-of-removal |
Whether a court of appeals may conclusively presume an applicant's testimony is credible and true whenever an immigration judge or the Board of Immigr… |
| 19-1155 |
Merrick B. Garland, Attorney General v. Ming Dai |
Ninth Circuit |
2020-03-20 |
Judgment Issued |
Amici (1) |
asylum-application board-of-immigration-appeals court-of-appeals credibility-determination immigration-judge immigration-law ins-v-ventura judicial-review remand-rule removal-proceedings ventura |
1. Whether a court of appeals may conclusively presume that an asylum applicant's testimony is credible and true whenever an immigration judge or the … |
| 19-8031 |
James Allen Gregg v. United States District Court for the District of South Dakota |
Eighth Circuit |
2020-03-18 |
Denied |
Response WaivedIFP |
civil-procedure credibility credibility-determination district-court due-process evidentiary-standard judicial-review magistrate-judge procedural-fairness witness |
Is a defendant's due process rights adequetLy protected when a district judge rejects a magistrate judge's proposed findings on credibility when those… |
| 19-5290 |
Ryan Keith Mason v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-23 |
Denied |
IFP |
appellate-review attorney-performance credibility credibility-determination criminal-procedure deference deference-standard deference-to-trial-court evidence ineffective-assistance ineffective-assistance-of-counsel legal-sufficiency plea-bargaining plea-offer standard-of-review |
Whether a court of appeals erred in finding that deference to a trial court's factual finding on an attorney's provision of a favorable plea offer was… |
| 18-9675 |
Tommy Dean Bullcoming v. United States |
Tenth Circuit |
2019-06-14 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights credibility-determination de-novo-review due-process evidence law-enforcement-testimony qualified-immunity scott-v-harris standard-of-review summary-judgment video-evidence |
Should a video recording of the actual events that clearly contradicts the sworn testimony of an officer support de novo review of the district court'… |
| 18-9525 |
Mark A. Harris v. Suzanne M. Peery, Warden |
Ninth Circuit |
2019-06-03 |
Denied |
Response WaivedIFP |
credibility credibility-determination criminal-procedure-ineffective-assistance-of-couns evidentiary-hearing habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining strickland-standard strickland-v-washington |
Whether the standard for reviewing a petitioner's allegations of special circumstances is subjective or objective, and whether an evidentiary hearing … |
| 18-9410 |
Morris Sanders v. Walmart Stores East, L.P. |
Eleventh Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights credibility-determination employment-discrimination evidence-weighing jury-trial retaliation summary-judgment title-vii workplace-discrimination |
Where the federal courts below decided for themselves every triable fact issue crucial to petitioner's workplace discrimination and retaliation claims… |
| 18-9212 |
Vincent McCrudden v. United States, et al. |
Third Circuit |
2019-05-09 |
Denied |
Response WaivedIFP |
bivens-claim civil-procedure civil-rights credibility-determination de-minimis-force due-process federal-tort-claims-act jury-trial standing summary-judgment |
Can Courts systemically deny access to a jury trial in meritorious FTCA and Bivens Claims by making credibility determinations at the summary judgment… |
| 18-146 |
Veronika Marcoski v. Jan Rath |
Eleventh Circuit |
2018-08-01 |
Denied |
Response Waived |
' 'credibility-determinations" ' 'habitual-residence" ' 'hague-convention" ' 'multi-circuit-split' ' 'newborn-child" appellate-review credibility-determination credibility-determinations district-court habitual-residence hague-convention harmless-error multi-circuit-splits newborn-children |
Whether the harmless-error rule applies when a district court expressly relied on clearly erroneous factual findings in its credibility determinations… |