discretion

82 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-581 St. Mary Catholic Parish, Littleton, Colorado, et al. v. Lisa Roy, in Her Official Capacity as Executive Director of the Colorado Department of Early Childhood, et al. Tenth Circuit 2025-11-17 Pending Amici (23)Response RequestedResponse Waived constitutional-law discretion employment-division-v-smith general-applicability religious-freedom secular-conduct Whether proving a lack of general applicability under Employment Division v. Smith requires showing unfettered discretion or categorical exemptions fo…
25-6116 Frank Iglesias v. United States Ninth Circuit 2025-11-14 Denied Response WaivedIFP criminal-procedure discretion early-termination ninth-circuit sentencing supervised-release Did the Ninth Circuit abused it's discretion in finding that Petitioner is not entitled to shortening or terminating supervised release of his sentenc…
25-5216 Ricardo L. Noble v. Pennsylvania Pennsylvania 2025-07-29 Denied IFP abuse-of-discretion counsel discretion drug-addiction ineffective-assistance legal-representation Did the court abuse discretion by not addressing ineffective assistance of counsel claims against attorney Barbato and by failing to find his drug add…
23-7281 Alicia Marie Richards v. Ryal W. Richards California 2024-04-19 Denied Response WaivedIFP 28-usc-1446 civil-procedure discretion federal-jurisdiction remand remand-petition removal removal-statute state-court-proceedings subject-matter-jurisdiction Whether the court had subject matter jurisdiction after the removal to the District Court?
23-6697 Jorge Hernandez v. United States Eleventh Circuit 2024-02-07 Denied Response WaivedIFP appellate-review civil-procedure court-reasoning discretion due-process judicial-discretion mandate mandate-recall motion-denial procedural-due-process reasoning Did the appellate court abuse its discretion by failing to provide any reasoning to permit meaningful appellate review?
23-6675 Pietro Pasquale Antonio Sgromo v. Timothy Ryan, Judge, Superior Court of Arizona, Maricopa County, et al. Arizona 2024-02-06 Denied Response WaivedIFP civil-procedure contract-law discretion equity-principles judicial-discretion litigation public-policy rescission settlement-agreement settlement-agreements Does public policy strongly favor settlement of disputes without litigation or do courts have discretion to not enforce settlement agreements?
23-6596 Kenneth Roshaun Reid v. United States District Court for the District of South Carolina Fourth Circuit 2024-01-26 Dismissed Response WaivedIFP board-of-immigration-appeals child-status-protection-act criminal-procedure discretion discretionary-review fair-sentencing-act immigration-law plain-error priority-date retroactivity sentencing statutory-interpretation Did the District Court abuse its discretion when it refused to apply the Fair Sentencing Act of 2010 to Kenneth Roshaun Qedens
23-6208 Pleadro J. Scott v. Miami Dade County, Florida, et al. Eleventh Circuit 2023-12-08 Denied Relisted (2)IFP advocacy appellate-process appellate-review case-law civil-procedure court-procedure discretion due-process incomplete-record judicial-review legal-interpretation statutory-construction Whether the court of appeals erred in failing to exercise its discretion to consider additional advocacy from a party, where the judgment was based on…
23-565 Hasbro, Inc., et al. v. Markham Concepts, Inc., et al. First Circuit 2023-11-27 Denied attorneys-fees circuit-split copyright copyright-act-section-505 copyright-law discretion judicial-discretion kirtsaeng-standard kirtsaeng-v-john-wiley prevailing-party What is the appropriate standard for awarding attorneys' fees to a prevailing party under Section 505 of the Copyright Act?
23-414 Devon Archer v. United States Second Circuit 2023-10-19 Denied Amici (1) circuit-split criminal-procedure discretion judicial-discretion manifest-injustice new-trial new-trial-standard rule-33 second-circuit weight-of-evidence Whether district courts have discretion under Federal Rule of Criminal Procedure 33 to order a new trial based on the weight of the evidence, even in …
23-413 Michael Lissack v. Commissioner of Internal Revenue District of Columbia 2023-10-19 GVR Relisted (2) administrative-action administrative-law agency-discretion chevron-deference discretion internal-revenue-service statutory-interpretation tax-law tax-whistleblower whistleblower-award Whether the IRS is required to pay a whistleblower award where the whistleblower's information caused the IRS to open an audit but the IRS ultimately …
23-5755 Dewayne Joseph v. United States Eleventh Circuit 2023-10-11 Denied IFP circuit-split discretion discretionary-relief fair-sentencing-act first-step-act retroactive-application sentencing-guidelines Whether district courts have an obligation to calculate revised guidelines to reflect the retroactive effect of the Fair Sentencing Act of 2010 as a b…
23-284 H. C., Individually and on Behalf of J. C., a Child With a Disability, et al. v. New York City Department of Education Second Circuit 2023-09-22 Denied Response WaivedRelisted (2) attorneys-fees court-discretion disability-rights discretion due-process due-process-hearing educational-agency idea-act individuals-with-disabilities-education-act prevailing-rates settlement-offers How does 20 U.S.C. § 1415(i)(8)(G) affect an award of attorneys' fees under the IDEA?
23-5600 Richard D. Bostwick v. Massachusetts Executive Office of Health and Human Services, et al. Massachusetts 2023-09-15 Denied Response WaivedIFP appeals bankruptcy bankruptcy-stay civil-procedure discretion due-process judicial-discretion motion-to-vacate standing time-limitation Whether Bostwick's Appeal was NOT Reviewed by the Lower Courts (Appeals Case No. 21-P-721) given Bostwick's Notice of Appeal
23-226 Antonio Soul Gonzalez v. United States Eleventh Circuit 2023-09-12 Denied Amici (1) covered-offense criminal-sentencing discretion district-court-discretion fair-sentencing-act first-step-act recalculation sentence-reduction sentencing-range statutory-interpretation Whether a district court must recalculate a movant's sentencing range as if Sections 2 and 3 of the Fair Sentencing Act of 2010 were in effect at the …
22-7732 George Cerron v. Personal Investment Inc. Florida 2023-06-08 Denied IFP appellate-procedure civil-procedure deadlines discretion dismissal motions Whether the Second District Court of Appeals erred in granting the appellant's former counsel's motion to amend the initial brief and extend the deadl…
22-6152 Carlos Edward Kennedy v. Carla Jones Eleventh Circuit 2022-11-23 Denied Response WaivedIFP abuse-of-discretion civil-procedure continuance discretion forensic-evidence pro-se Did the trial court abuse its discretion in denying Kenner's motion for continuance when Kenner, while acting pro se, requested only an additional 3 m…
22-5061 Dewayne Joseph v. United States Eleventh Circuit 2022-07-11 GVR IFP concepcion-ruling concepcion-v-united-states crack-cocaine crack-penalties criminal-resentencing discretion eleventh-circuit fair-sentencing-act first-step-act sentencing sentencing-modification Whether the First Step Act proceedings should be conducted similar to original sentencings in light of Concepcion v. United States
21-7717 Kacy Fonteze Williams v. Mississippi Fifth Circuit 2022-04-27 Denied Response WaivedIFP constitutional-claim discretion discretionary-review district-court federal-review firearm-charge habeas habeas-corpus right-to-be-heard standard-of-review state-court Whether the District Court failed to properly utilize its discretion on the petitioner's habeas where the court dismissed the firearm charge issue ren…
21-7536 Ramonta Forte v. Joe A. Lizarraga, Warden Ninth Circuit 2022-04-05 Denied Response WaivedIFP 6th-amendment counsel-of-choice discretion due-process federal-law habeas-corpus right-to-counsel sentencing Whether the right to counsel at sentencing is clearly established federal law
21-1319 Mark Nordlicht and David Levy v. United States Second Circuit 2022-04-04 Denied Amici (1) credibility criminal-procedure discretion district-court-discretion evidence-weighing federal-rules-of-criminal-procedure jury-verdict new-trial new-trial-motion rule-33 standard-of-review witness-credibility Whether district courts have discretion to weigh the evidence, including the credibility of witnesses, when deciding to grant a new trial under Rule 3…
21-7357 Joel Castro-Lopez v. United States Fifth Circuit 2022-03-14 Denied Response WaivedIFP appeals appellate-review criminal-procedure criminal-sentencing discretion district-court-discretion guidelines judicial-reasoning legal-standard sentencing sentencing-guidelines standard-of-review Whether a district court errs should reference or address substantial arguments for a sentence outside the Guideline range?
21-1116 Matthew Liebovich, et al. v. Diane Janice Tobin, et al. California 2022-02-11 Denied civil-procedure discretion due-process notice notice-requirement state-court-discretion state-statute supreme-court-precedent void-judgment Does Peralta compel courts to vacate void judgments entered absent notice, or does the lack of express reference in this Court's opinion to California…
21-6803 Javier Rosales v. United States Fifth Circuit 2022-01-10 Denied Response WaivedIFP abuse-of-discretion amendment-782 discretion drug-conspiracy due-process fifth-amendment opportunity-to-be-heard retroactive-amendment sentence-reduction sentencing sentencing-guidelines Whether the Fifth Circuit erred in deciding that the District Court's order denying relief under 18 U.S.C. § 3582(c)(2) did not comprise an abuse of d…
21-6566 Steven Craig Bethea v. United States Fourth Circuit 2021-12-09 Denied Response WaivedIFP abuse-of-discretion constitutional-review criminal-sentencing discretion eighth-amendment judicial-abuse sentencing sentencing-discretion substantive-reasonableness upward-variance Whether the district court erred in sentencing the appellant to a greater sentence than necessary
21-523 Damon Simon, et ux. v. Roche Diagnostics Corporation Fifth Circuit 2021-10-08 Denied Response Waived appellate-discretion appellate-procedure certification civil-procedure court-of-appeals discretion judicial-procedure legal-review standard-of-review state-law state-law-certification Whether the court of appeals applied an improper standard of review in exercising its discretion when ruling on the Simons' request to certify the dis…
20-8347 Terron McAllister v. United States Fourth Circuit 2021-06-17 Denied Response WaivedIFP abuse-of-discretion criminal-resentencing discretion first-step-act guidelines guidelines-range judicial-discretion resentencing sentence-reduction sentencing sentencing-discretion Whether a District Court abuses its discretion in denying a sentence reduction under the First Step Act
20-8281 Dominic Franza v. James Stinson, Superintendent, Great Meadow Correctional Facility Second Circuit 2021-06-14 Denied Response WaivedIFP abuse-of-discretion appellate-procedure appellate-review civil-procedure discretion judicial-procedure legal-precedent mandate-recall recall-of-mandate second-circuit Was it an abuse of discretion for the Second Circuit to deny Petitioner's Recall of the Mandate motion
20-8106 Roy Taylor v. Cynthia Brann, Commissioner, New York Department of Corrections New York 2021-05-21 Denied IFP bail-modification bail-reform constitutional-procedure court-discretion criminal-procedure discretion due-process excessive-bail misdemeanor misdemeanor-charges Whether the New York state courts erred in not addressing the merits of the petitioner's claims regarding excessive bail
20-7887 Ronnie Spells v. United States Second Circuit 2021-04-29 Denied Response WaivedIFP crack-cocaine discretion first-step-act judicial-discretion mandatory-minimums racial-disparities sentencing sentencing-reduction statutory-interpretation systemic-racism Whether District Court Judge Castel and the Second Circuit Appeals Court perpetuated continued systemic racism by contending that Congress left out th…
20-7878 Maci Denon Davis and Joe L. Franklin v. United States Eighth Circuit 2021-04-28 Denied Relisted (2)IFP congress congressional-intent discretion district-court eighth-circuit first-step-act sentencing-commission sentencing-guidelines unwarranted-disparities Whether the Eighth Circuit Court of Appeals incorrectly found that the district court was permitted to tether itself to the United States Sentencing G…
20-1130 Ericsson Inc., et al. v. TCL Communication Technology Holdings Limited, et al. Federal Circuit 2021-02-17 Denied Relisted (3) appellate-review civil-procedure discretion federal-civil-procedure judgment-as-a-matter-of-law judgment-as-matter-of-law legal-issues preservation-of-issues summary-judgment Whether there is an exception to the rule that a pretrial denial of summary judgment is not reviewable on appeal
20-6953 Dwyne Byron Deruise, aka Duke v. United States Eleventh Circuit 2021-01-26 Denied IFP career-offender circuit-split criminal-justice-reform discretion discretionary-review first-step-act resentencing sentencing-guidelines Whether a district court that chooses to conduct a resentencing under § 404 of the First Step Act is prohibited from considering a defendant's current…
20-6316 Mickey Pubien v. United States Eleventh Circuit 2020-11-13 Denied Response WaivedIFP circuit-split criminal-justice-reform criminal-resentencing discretion first-step-act penalty-reduction sentencing sentencing-discretion statutory-interpretation What the district court may appropriately consider when imposing a reduced sentence pursuant to § 404 of the First Step Act of 2018 remains an unsettl…
20-6281 Kevin Lamar Ratliff v. United States Eleventh Circuit 2020-11-12 Denied Response WaivedIFP amendment-782 career-offender criminal-law criminal-procedure discretion federal-sentencing federal-sentencing-guidelines guideline-amendment judicial-discretion sentencing sentencing-guidelines Whether the Lower Courts have discretion to reduce Petitioner's sentence under U.S.S. Guideline Amendment 782, regardless of Petitioner's career offen…
20-638 Samuel Gonzales v. ConocoPhillips Company, et al. Fifth Circuit 2020-11-10 Denied Response Waived attorney-fees burden-shifting civil-rights discretion employee-benefits erisa Whether and to what extent district courts must consider ERISA's purpose in awarding attorney's fees to a successful defendant
20-6093 Hany Sayed Abutaleb v. Mona Mohamed Abutaleb Illinois 2020-10-21 Denied Relisted (3)IFP 401(k) 401k-distribution asset-division discretion divorce-proceedings divorce-settlement equitable-distribution joint-assets judicial-discretion marital-assets property-division property-ownership Whether the trial court abused its discretion in awarding the wife 75% of the husband's 401(k) account despite the existence of four joint assets and …
20-527 Kevin Guskiewicz, in His Official Capacity as Chancellor of the University of North Carolina at Chapel Hill, et al. v. DTH Media Corporation, et al. North Carolina 2020-10-20 Denied Amici (2) disciplinary-records discretion education-records educational-privacy ferpa public-records sexual-assault sexual-assault-disciplinary-records supremacy-clause Does the Supremacy Clause permit a state public-records law to override the discretion that FERPA grants universities over the disclosure of sexual-as…
20-5857 Alimamy Barrie v. United States Fourth Circuit 2020-10-01 Denied Response WaivedIFP 18-USC-3582 criminal-procedure discretion federal-sentencing guidelines judicial-discretion retroactivity sentencing sentencing-amendment statutory-interpretation Whether a post-sentencing clarifying guideline amendment is applicable to a defendant
20-334 City of San Antonio, Texas, On Behalf of Itself and All Other Similarly Situated Texas Municipalities v. Hotels.com, L.P., et al. Fifth Circuit 2020-09-14 Judgment Issued Amici (2)Response RequestedResponse WaivedRelisted (2) appellate-costs circuit-split civil-procedure cost-award discretion federal-rules judicial-discretion procedural-interpretation standard-of-review Whether district courts lack discretion to deny or reduce appellate costs deemed taxable under Fed. R. App. P. 39(e)
20-5594 William N. Lucy v. Estate of Annie D. Fox Alabama 2020-09-04 Denied Relisted (2)IFP administrative-exhaustion administrative-law circuit-court civil-rights discretion due-process estate-administration judicial-review probate procedural-requirements standing Whether the Mobile County Probate Court abused its discretion by ignoring Alabama law, Code of Alabama 1975, Section 43-2-42, and refusing to appoint …
20-5561 Craig Edward Hunnicutt, Jr. v. United States Sixth Circuit 2020-09-03 Denied Response WaivedIFP abuse-of-discretion appellate-review discretion federal-sentencing first-step-act guidelines judicial-discretion motion-denial sentence-reduction sentencing Whether the Sixth Circuit erred by refusing to review the denial of the defendant's First Step Act motion
20-5478 Fernando Hernandez v. United States First Circuit 2020-08-25 Denied Response WaivedIFP abuse-of-discretion criminal-procedure discretion domestic-violence drug-trafficking due-process sentencing sentencing-discretion Was Hernandez' due process rights violated when the district court abused its discretion in relying on Hernandez' domestic violence past in sentencing…
20-5469 Alfonzo Traymayne Lee v. United States Eighth Circuit 2020-08-24 Denied Response WaivedIFP civil-rights constitutional-rights discretion due-process equal-protection first-step-act judicial-discretion sentencing sentencing-reduction statutory-interpretation Whether giving the District court discretion to grant or deny a sentencing reduction pursuant to the First Step Act of 2018 violates the Petitioner's …
20-5361 Luis Torres-Marquez v. United States Ninth Circuit 2020-08-14 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing discretion gall-v-united-states judicial-discretion presumption-of-reasonableness sentencing-guidelines standard-of-review Whether the sentencing court meaningfully exercised its discretion in applying the guidelines
20-131 Essity Hygiene and Health AB v. Cascades Canada ULC, et al. Federal Circuit 2020-08-07 Denied appointments-clause constitutional-interpretation discretion federal-circuit forfeiture judicial-discretion pending-cases precedential-decision scalia Whether courts have discretion to apply a precedential Appointments Clause decision in pending cases where the issue was not raised in the opening app…
20-98 Thomas Wood, Individually and as Personal Representative of the Estate of Philip Talmadge Wood v. The Boeing Co. District of Columbia 2020-07-30 Denied Amici (1)Response Waived access-to-courts civil-procedure convenience discretion forum-non-conveniens international-litigation judicial-discretion material-injustice positive-evidence Whether dismissal on forum non conveniens grounds is improper as a matter of law unless a district court affirmatively finds, based on 'positive evide…
20-41 Warren Wexler v. United States Tenth Circuit 2020-07-17 Denied Response Waived administrative-discretion administrative-law attending-physician discretion jurisdiction medical-evaluation occupational-injury periodic-report second-opinion workers-compensation Whether it is within the OWCP's discretion to not request a periodic report from the AP but to instead obtain a periodic report by scheduling a second…
19-8877 Patrick D. Lomas v. United States Fifth Circuit 2020-07-01 Denied Response WaivedIFP abuse-of-discretion criminal-procedure discretion fair-sentencing-act first-step-act judicial-discretion section-404 sentencing sentencing-reduction statutory-interpretation Did the District Court abuse its discretion in denying Petitioner's motion for sentence reduction under the First Step Act and Fair Sentencing Act?
19-8412 Lenroy McLean v. United States Second Circuit 2020-05-07 Denied Response WaivedIFP appellate-review circuit-court criminal-procedure discretion discretionary-review forfeiture plain-error sentencing sentencing-guidelines substantial-rights Should the Second Circuit Court of Appeals exercise its discretion to correct the forfeited error of Petitioner's miscalculated guideline sentence tha…
19-1260 Andrew Demma v. United States Sixth Circuit 2020-04-30 Denied Response RequestedResponse WaivedRelisted (3) 18-usc-3553a appeals-court child-pornography circuit-split discretion gall-v-united-states judicial-discretion kimbrough-v-united-states policy-disagreement sentencing-guidelines substantive-reasonableness Whether the discretion recognized under Kimbrough v. United States for a district court to vary based on a policy disagreement applies to the child po…
19-7648 Otis Renaldo Harris v. United States Fourth Circuit 2020-02-12 Denied Response WaivedIFP criminal-justice criminal-procedure discretion discretionary-power district-court due-process equal-protection judicial-review sentencing sentencing-reduction statutory-interpretation Whether the district court abused its discretion when it found that petitioner Harris was not eligible for a sentence reduction under Section 404?
19-997 Gary S. Williky v. Securities and Exchange Commission Seventh Circuit 2020-02-10 Denied Response RequestedResponse WaivedRelisted (2) appellate-review circuit-court civil-penalties discretion guilty-plea guilty-pleas guilty-verdicts judicial-discretion seventh-circuit whistleblower Did the Seventh Circuit Court of Appeals err in determining that the Trial Court did not abuse its discretion by awarding 2x civil penalties against W…
19-7451 David Keith Rogers v. California California 2020-01-30 Denied IFP 6th-amendment constitutional-hearing constitutional-rights court-discretion discretion due-process evidentiary-hearing fair-trial hearing judicial-procedure juror-misconduct legal-review When a court is presented with admissions of clear juror misconduct is it constitutionally compelled to conduct a hearing to determine the extent and …
19-7473 Milon Jarr Brown v. Michigan Michigan 2020-01-29 Denied IFP civil-rights confrontation-clause constitutional-rights discretion due-process expert-testimony fifth-amendment hearsay judicial-bias photographic-evidence prosecutorial-misconduct self-incrimination sixth-amendment Was the petitioner denied a meaningful opportunity to present a complete defense?
19-7459 Christopher Peyton v. Ravonne Sims, Warden, et al. Kentucky 2020-01-29 Denied IFP civil-rights constitutional-rights discretion due-process familial-visitation family-bonds grievance-procedure incarceration-rights parole rehabilitation visitation Does incarceration sever a person's right to maintain familiar bonds through some form of visitation?
19-898 Kimberly D. Collins v. Gwendolyn Thornton Fourth Circuit 2020-01-21 Denied Response WaivedRelisted (2) circuit-split civil-procedure discretion federal-rules-of-civil-procedure good-cause judicial-discretion service-of-process statute-of-limitations Whether a district court has discretion under Federal Rule of Civil Procedure 4(m) to extend the time for service of process absent good cause
19-699 Albert D. Moustakis v. Wisconsin Department of Justice Wisconsin 2019-12-03 Denied Response Waived administrative-law case-law common-law discretion discretionary-power judicial-review mandamus open-records open-records-law public-official public-records strict-scrutiny Whether the common law writ of mandamus may be issued when a public official exercises discretion outside the constraints placed upon the discretionar…
19-6485 Ryan Van Stevenson v. United States Sixth Circuit 2019-11-05 Denied Response WaivedIFP appellate-waiver criminal-procedure discretion due-process due-process,appellate-waiver,abuse-of-discretion,s evidence-standard extrinsic-evidence judicial-discretion preponderance-of-the-evidence sentencing-enhancement Did the Court abuse its discretion when it enforced an appellate waiver on an issue that was outside the scope of the appellate waiver's provisions?
19-6252 Edinson Herrera Ramirez v. Maryland Maryland 2019-10-11 Denied Response RequestedResponse WaivedRelisted (2)IFP abuse-of-discretion appellate-review biased-jury criminal-procedure discretion ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-selection legal-standard maryland-court-of-appeals peremptory-challenge peremptory-strike prejudice Whether the Maryland court erred in holding that petitioner received ineffective assistance of counsel but failed to prove prejudice
19-472 City of East Cleveland, Ohio, et al. v. Charles Hunt, et al. Ohio 2019-10-10 Denied Response Waived abuse-of-discretion bifurcation civil-litigation civil-procedure civil-procedure-bifurcation discretion emergency-vehicle-immunity expert-witness-testimony juror-misconduct manifest-weight-of-evidence motion motion-to-bifurcate trial trial-court-discretion trial-procedure Whether the Trial Court abused its discretion when it denied Petitioners' Motion to Bifurcate the trial
19-5333 Charles York Walker, Jr. v. United States Fourth Circuit 2019-07-25 GVR IFP abuse-of-discretion case-specific-factors criminal-procedure criminal-procedure-rule-11 discretion district-court district-court-discretion felon-in-possession grand-jury incorrect-assumptions opioid-crisis plea-agreement plea-bargaining policy-disagreement rehaif-standard rule-11 Whether a district court abuses its discretion in rejecting plea agreements based on policy disagreements
18-9815 Kazi Bowles v. Florida Department of Corrections, et al. Eleventh Circuit 2019-06-26 Denied Relisted (2)IFP civil-procedure civil-rights constitutional-provisions discretion district-court due-process federal-jurisdiction habeas-corpus judicial-review jurisdiction petition relief standing writ-of-habeas-corpus Whether the district court erred in not applying a clear error standard of review when reviewing the petitioner's motion for relief from judgment for …
18-9763 Stirling Michael Heaton v. United States Eighth Circuit 2019-06-24 Denied Response WaivedIFP concurrent-sentences concurrent-sentencing criminal-procedure criminal-sentencing discretion federal-guidelines federal-jurisdiction federal-plea-agreement judicial-discretion modification retroactive-amendment retroactive-guidelines-amendment sentence-concurrency sentencing-guidelines sentencing-modification sentencing-reform-act Whether a sentencing court has discretion to adjust a federal sentence to achieve concurrency with another criminal sentence in § 3582(c)(2) proceedin…
18-1435 Matthew Wayne Minard, Individually and in His Official Capacity as a Taylor Police Officer v. Debra Lee Cruise-Gulyas Sixth Circuit 2019-05-15 Denied Response Waived civil-rights constitutional-rights discretion discretionary-action discretionary-enforcement due-process first-amendment fourteenth-amendment fourth-amendment free-speech law-enforcement qualified-immunity retaliation retaliatory-arrest traffic-stop Whether a police officer can immediately initiate a second traffic stop in response to a driver's offensive speech to change the original discretionar…
18-8951 Terrance Proctor v. Wendy Kelley, Director, Arkansas Department of Correction Arkansas 2019-04-23 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure discretion due-process eighth-amendment graham-v-florida juvenile-sentencing life-without-parole mitigation proportionality sentencing-mitigation Are consecutive, fixed term sentences for juveniles unconstitutional at the outset when they amount to the functional equivalent of life without parol…
18-8759 Cuauhtemoc Juarez-Aquino v. United States Ninth Circuit 2019-04-09 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-sentencing discretion district-court-authority due-process judicial-discretion majority-circuits ninth-circuit sentencing-discretion sentencing-factors Whether a federal district court is permitted boundless discretion to weigh established factors at sentencing
18-8490 Bernard Mitchell v. California California 2019-03-21 Denied Response WaivedIFP abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review Did the court abuse its discretion in permitting the jury to be exposed to the nicknames 'Crip' and ''Scrap,' which have been taken as a suggestion th…
18-8468 Alfredo Mendez v. United States Ninth Circuit 2019-03-19 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-procedure discretion district-court-authority due-process federal-courts judicial-discretion sentencing sentencing-discretion sentencing-factors Whether a federal district court is permitted boundless discretion at sentencing to weigh established factors at sentencing
18-8370 Lonnie Eugene Lillard v. United States Ninth Circuit 2019-03-11 Denied Response WaivedIFP appellate-review conflict-of-interest constitutional-rights criminal-appeal criminal-procedure discretion due-process federal-procedure ninth-circuit self-representation What procedural safeguards are afforded to federal criminal defendants when an Appellate Court panel exercises its discretion in deciding whether or n…
18-8083 Reshawn D'Arby Magnificent-El, aka Reshawn D'Arby Phillips v. United States Ninth Circuit 2019-02-22 Denied Response WaivedIFP abuse-of-discretion compliance criminal-procedure discretion district-court drug-testing due-process knowingly-used-drugs sentencing-conditions supervised-release supervised-release-conditions Whether a district court abuses its discretion in imposing a drug-testing condition on a defendant who never knowingly used drugs, and has otherwise b…
18-7920 Harold A. Habeck, II v. United States Fourth Circuit 2019-02-12 Denied Response WaivedIFP consecutive-sentences criminal-procedure criminal-procedure,sentencing,mandatory-minimums,d criminal-sentencing discretion drug-offense drug-offenses firearms mandatory-minimum mandatory-minimums predicate-crime sentencing-discretion statutory-interpretation Whether the district court has discretion to consider less than the mandatory sixty month consecutive sentence for a predicate drug offense under 21 U…
18-721 Norman Bloom v. Aftermath Public Adjusters, Inc., et al. Fifth Circuit 2018-12-06 Denied certification circuit-split civil-procedure discretion diversity-jurisdiction federal-court federal-court-discretion federal-courts legal-uncertainty procedural-standards state-law state-law-certification Whether the language of a state's certification rule should factor into the federal court's decision to certify a dispositive state law question in a …
18-706 Esther Kiobel, By and Through Her Attorney-In-Fact, Channa Samkalden v. Cravath, Swaine & Moore LLP Second Circuit 2018-11-30 Denied Response Waived confidentiality-order discovery-standards discretion discretion-of-district-court district-court-discretion foreign-court-receptivity foreign-legal-assistance foreign-legal-assistance-statute-28-usc-1782 foreign-non-discoverability intel-case intel-v-advanced-micro-devices non-discoverability second-circuit-court-of-appeals section-1782 Under Intel, may a district court in its discretion allow Section 1782 discovery where the foreign court is receptive to U.S. discovery, but the docum…
18-6833 Jose Ramon Zuniga, aka Josue Ararel Zuniga-Zaragoza, aka Jose Ramon Zuniga-Garcia v. United States Fifth Circuit 2018-11-27 Denied Response WaivedIFP criminal-procedure discretion due-process federal-jurisdiction judicial-discretion offense-level residual-clause sentencing sentencing-guidelines sentencing-standards statutory-interpretation Whether a Guideline which incorporates by reference § 16(b)'s residual clause may serve as the basis for increasing the defendant's offense level unde…
18-6202 Amil Dinsio v. Appellate Division, Supreme Court of New York, Third Judicial Department Second Circuit 2018-10-03 Denied Response WaivedIFP abuse-of-discretion appellate-procedure appellate-review civil-procedure court-mandate discretion due-process federal-courts judicial-discretion legal-review mandate mandate-recall motion-denial recall standing Did the Second Circuit Court abuse its discretion when it denied the Petitioner's motion to recall the Court's mandate?
18-6068 Rodney L. Jones v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2018-09-21 Denied Response WaivedIFP abuse-of-discretion appellate-review certificate-of-appealability civil-procedure court-of-appeals discretion due-process habeas-corpus Did the court of appeals abuse its discretion in denying petitioner's application for certificate of appealability?
18-333 Old Dominion Electric Cooperative v. Federal Energy Regulatory Commission District of Columbia 2018-09-14 Denied Amici (1) administrative-law discretion federal-energy-regulatory-commission ferc-discretion filed-rate-doctrine market-based-rate polar-vortex reliability retroactive-ratemaking Whether the court of appeals erroneously determined that the filed rate doctrine and the rule against retroactive ratemaking leave the Federal Energy …
18-5699 Chuck Wayne Boyd v. United States Eleventh Circuit 2018-08-22 Denied Response WaivedIFP 18-usc-3553 18-usc-3582 3553-factors 3582-modification criminal-sentencing discretion inmate-progress judicial-discretion post-sentence-history pre-sentence-history sentence-reduction sentencing-guidelines usg-amendment-782 Whether the court abused its discretion in denying a sentence reduction under 18 U.S.C. § 3582 and U.S.S.G. Amendment 782 without adequately explainin…
18-5607 Friday Ogunyemi James v. United States Third Circuit 2018-08-16 Denied Response WaivedIFP criminal-procedure discretion due-process evidence fair-instruction jury-instructions restitution sentencing sentencing-discretion tax tax-offense theory-of-defense trial-exhibit willfulness Whether the Petitioner was entitled to a fair instruction to support the verdict in his favor on the theory of defense that has the basis in the evide…
18-5207 Omar Montoya v. United States Fifth Circuit 2018-07-11 Denied Response WaivedIFP 18-usc-3582 circumstances-beyond-control criminal-sentencing,sentencing-guidelines,abuse-of criminal-sentencing,sentencing-guidelines,sentenci discretion sentencing-guidelines sentencing-range timeliness Whether the district court erred in denying petitioner's request for resentencing under 18 U.S.C. § 3582(c)(2) due to a subsequent lowering of the sen…
18-5047 Keith Lamont Tutt v. United States Fourth Circuit 2018-06-29 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility corporate-liability criminal-procedure-due-process discretion due-process environmental-regulations fair-opportunity officer-responsibility plea-bargaining regulatory-compliance sentencing statutory-interpretation withdraw-guilty-plea withdrawal-of-plea Whether the district court prejudiced the defendant by denying him due process of law and a fair opportunity to be heard concerning his reasons for wa…