factual-findings

35 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6324 Craig Edward Hunnicutt, Jr. v. United States Sixth Circuit 2025-12-09 Denied Response WaivedIFP criminal-procedure factual-findings self-defense sentencing-discretion sixth-circuit supervised-release Whether the Sixth Circuit improperly affirmed a supervised release violation and new law convictions based on clearly erroneous factual findings relat…
25-6322 Jeremy Ian Frieday v. Washington Washington 2025-12-09 Pending IFP factual-findings fourteenth-amendment jury-trial-guarantee prior-conviction-exception sentencing-enhancement sixth-amendment Whether Petitioner's Sixth and Fourteenth Amendment rights were violated when he was subject to an increased standard sentence based on the trial cour…
25-5389 Steven Pitts v. New York New York 2025-08-18 Denied IFP constitutional-rights criminal-sentencing factual-findings jury-trial prior-incarceration sixth-amendment Whether the Sixth Amendment right to a jury trial applies to factual findings regarding the length of a defendant's prior incarceration and the date o…
24-6895 Herbert Lavonne Wiggins v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-03-31 Denied IFP factual-findings judicial-review legal-standard newly-discovered-evidence procedural-defect writ-of-certiorari Whether courts can refuse to adjudicate the merits of a writ when newly discovered evidence is presented and fail to make proper factual findings
24-6297 Donald Sherman v. Jeremy Bean, Warden, et al. Ninth Circuit 2025-01-14 Denied IFP certificate-of-appealability discovery-rights due-process factual-findings ninth-circuit state-appellate-courts Did the Ninth Circuit err in failing to address Sherman's argument that the state appellate courts' factual findings were objectively unreasonable wit…
24-6187 Joe Willie Cannon v. Michael Dehner, et al. Eighth Circuit 2024-12-20 Denied Response WaivedIFP appellate-review district-court factual-findings interlocutory-appeal qualified-immunity section-1983 Whether reviewing courts deciding qualified immunity on interlocutory appeal are permitted to reconsider the factual findings of the District Court
24-292 Salix Pharmaceuticals, Ltd., et al. v. Norwich Pharmaceuticals Inc. Federal Circuit 2024-09-13 Denied appellate-procedure evidence-standard factual-findings harmless-error judicial-review standard-of-review When a district court's findings of fact are unsupported by the evidence the district court relied on, may a court of appeals affirm based on other ev…
23-1232 Estate of Allan George, et al. v. City of Rifle, Colorado, et al. Tenth Circuit 2024-05-22 Denied Response Waived circuit-split civil-rights due-process factual-findings interlocutory-appeal jurisdictional-limits qualified-immunity scott-v-harris summary-judgment Whether the Tenth Circuit erred in expanding this Court's decision in Scott v. Harris to swallow the rule of limited jurisdiction on interlocutory app…
23-6707 Sean Robert Wathen v. United States Ninth Circuit 2024-02-08 Denied Response WaivedIFP criminal-procedure dangerous-weapon district-court drug-offense enhancement factual-findings findings-of-fact sentencing sentencing-discretion sentencing-guidelines u.s.s.g-2d1.1(b)(1) weapon-enhancement Is the sentencing court required to make specific findings of fact, supported by the record, that a defendant possessed a dangerous weapon in connecti…
23A665 Tyshawn Shepard v. Ohio Ohio 2024-01-22 Presumed Complete constitutional-challenge criminal-sentencing factual-findings indeterminate-sentencing jury-trial sixth-amendment Whether Ohio's indeterminate sentencing scheme violates the Sixth Amendment by permitting judicial factual findings that increase a defendant's impris…
23-247 S. C., Mother v. Philadelphia Department of Human Services, et al. Pennsylvania 2023-09-14 Denied Response Waived appellate-review civil-procedure constitutional-law constitutional-rights due-process factual-findings judicial-review legal-error misapplication-of-law state-court-opinion Did the Pennsylvania Courts' decisions constitute erroneous factual findings and/or misapplications of law, and deny Petitioner due process?
23-5445 William Bazemore v. United States Second Circuit 2023-08-25 Denied Response WaivedIFP abuse-of-discretion crime-of-violence criminal-procedure district-court factual-findings guilty-plea section-1591 sex-trafficking voluntariness withdrawal Whether the district court abused its discretion when it denied defendant's motion to withdraw his guilty plea and failed to make factual findings nec…
23-114 Sharon A. Finizie v. Denis R. McDonough, Secretary of Veterans Affairs Third Circuit 2023-08-04 Denied Response Waived appellate-review civil-procedure factual-findings judicial-procedure legal-error legal-errors misapplication-of-law rule-of-law standard-of-review third-circuit Did the decision of the United States Court of Appeals for the Third Circuit constitute erroneous factual findings and/or misapplication of a properly…
23-5237 Jordan Cole Laws v. United States Fourth Circuit 2023-07-28 Denied Response WaivedIFP court-discretion criminal-procedure factual-findings indigent indigent-defendant justice-for-victims-of-trafficking-act sentencing special-assessment statutory-interpretation Did the district court err when it imposed a $5,000 special assessment, pursuant to the Justice for Victims of Trafficking Act of 2015, 18 U.S.C. § 30…
22-122 Philip Snyder v. Tenth Presbyterian Church Pennsylvania 2022-08-09 Denied appellate-procedure appellate-review civil-procedure due-process factual-findings legal-review pennsylvania-law rule-of-law standard-of-review superior-court Did the decision of the Superior Court of Pennsylvania constitute erroneous factual findings and/or misapplication of a properly stated rule of law?
21-1150 Sharon Finizie, et al. v. Department of Veterans Affairs Federal Circuit 2022-02-18 Denied Response Waived administrative-law civil-procedure due-process factual-findings federal-circuit judicial-review legal-misapplication merit-systems-protection-board standard-of-review Did the decisions/opinions of the United States Court of Appeals for the Federal Circuit and the Merit Systems Protection Board constitute erroneous f…
21-6519 Jesse Driskill v. Missouri Missouri 2021-12-06 Denied IFP brady-violation brady-violations constitutional-claims constitutional-review due-process evidence-destruction factual-findings independent-review prosecutorial-misconduct state-misconduct witness-testimony Whether Missouri's verbatim adoption of the prosecution's factually deficient findings without independent review fails to provide adequate due proces…
21-6360 Qian Williams v. United States Sixth Circuit 2021-11-19 Denied Response WaivedIFP court-procedure factual-findings federal-court federal-custody federal-jurisdiction grand-jury-indictment judicial-discretion search-warrant speedy-trial-act Did the court of appeals properly affirm the trial court's decisions?
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…
21-6100 Rodrigo Martinez-Mendoza v. United States Fourth Circuit 2021-10-27 Denied Response WaivedIFP appellate-review clear-error clear-error-standard due-process factual-findings immigration immigration-law law-enforcement-testimony public-confidence standard-of-review whether-appellate-court-reviewing-factual-findings-for-clear-error-must-take-account-of-undisputed-contrary-evidence
20-8282 Anthony Herman Lucio v. United States Fifth Circuit 2021-06-14 Denied Response WaivedIFP criminal-procedure drug-quantity due-process factual-findings findings judicial-discretion presentence-report sentencing-guidelines Whether the presentence report's calculations on the quantity of drugs under U.S. Sentencing Guidelines Manual § 2D1.1 attributed to the defendant wer…
20-7932 Virgil Delano Presnell v. Benjamin Ford, Warden Eleventh Circuit 2021-05-05 Denied IFP 2254-limitations 2254(d) appellate-procedure factual-findings federal-habeas federal-review habeas-corpus implicit-findings judicial-interpretation state-court state-court-findings wilson-v-sellers Does Wilson v. Sellers permit federal habeas court to assign 'implicit' factual findings to state court order when applying 2254(d)'s limitations on r…
20-6519 Julian Mondragon-Hernandez, aka David Rojas, et al. v. United States Ninth Circuit 2020-12-03 Denied Response WaivedIFP alternative-elements conviction criminal-procedure factual-findings judicial-fact-finding judicial-review jury-instructions jury-verdict mandatory-minimum-sentences mandatory-minimums sentencing sufficiency-of-evidence When a jury verdict allows for alternative elements of conviction, may courts review the evidence and make factual findings to uphold the conviction a…
20-5197 Lamar Moore, aka Kane v. United States Second Circuit 2020-07-31 Denied Response WaivedIFP career-offender-status criminal-penalties due-process factual-findings ineffective-assistance-of-counsel interstate-commerce plea-waiver second-amendment sentencing-enhancement sentencing-enhancements should-moore's-plea-and-conviction-be-vacated
20-5212 In Re Allen Fitzgerald Calton 2020-07-29 Dismissed IFP 6th-amendment appellate-review constitutional-law due-process fact-finding factual-findings habeas-corpus judicial-discretion trial-court Whether the Texas Court of Criminal Appeals and individual judges thereof acted as the ultimate fact-finders (a Texas habeas corpus proceeding) by den…
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
19-6976 James Clayton Johnson v. Arizona Arizona 2019-12-17 Denied IFP arizona capital-punishment constitutional-challenge cruel-and-unusual-punishment death-penalty due-process evidentiary-hearing factual-findings meaningful-opportunity standing Does a court deprive a capital defendant of his due process right to a meaningful opportunity to be heard when the defendant challenges the constituti…
19-5742 Robert Gene Rand v. United States Ninth Circuit 2019-08-29 Denied Response WaivedIFP acceptance-of-responsibility appellate-review criminal-procedure district-court district-court-discretion factual-findings ninth-circuit plea-agreement sentencing-guidelines sentencing-guidelines-application sentencing-reductions standard-of-review Whether a circuit court errs by affirming a district court's decision regarding the applicability of the United States Sentencing Guidelines based on …
19-5104 Maurice Samuel Arrington v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-09 Denied IFP appellate-procedure certiorari-review civil-rights court-records due-process evidence-assessment factual-findings federal-courts habeas-corpus judicial-standards legal-review standing state-courts supreme-court-precedent Does the Court of Appeals deny prisoners Due Process by Ignoring vital Facts necessary to determining their Pre-COA issues and Merely quoting Black v.…
19-5077 Carlton P. Cabot v. United States Second Circuit 2019-07-05 Denied Response WaivedIFP appellate-review clear-error criminal-procedure factual-determination factual-findings olano plain-error rule-52(b) sentencing-variance standard-of-review Does plain error review apply to unobjected to factual determinations?
18-8348 Blair Garner v. William Lee, Superintendent, Green Haven Correctional Facility Second Circuit 2019-03-08 Denied Response WaivedIFP 911-recordings ancillary-finding appellate-review civil-procedure de-novo-review due-process due-process-clause factual-determination factual-findings federal-rules-of-civil-procedure judicial-procedure notice notice-and-opportunity-to-be-heard standard-of-review Whether the Second Circuit erred in rejecting the district court's prejudice determination without consulting the underlying 911 call recordings, with…
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…
18-7501 GwanJun Kim v. Grand Valley State University, et al. Sixth Circuit 2019-01-22 Dismissed Response WaivedIFP civil-procedure complaint dismissal due-process evidence factual-findings jurisdiction marshal service-of-process standing summons time-limits Whether the district court erred in dismissing the complaint for failure to serve the defendants within the time period required by Rule 4(m) of the F…
18-7282 Benjamin Edward Henry Bradley v. United States Sixth Circuit 2019-01-08 Denied Response WaivedIFP criminal-procedure drug-quantity due-process factual-findings objection presentence-report sentencing sixth-circuit Did the Sixth Circuit Court of Appeals err in affirming the district court's sentencing judgment where the district court adopted the Presentence Repo…
18-5596 George Wallace v. Ron E. Barnes, Warden Ninth Circuit 2018-08-15 Denied IFP actual-innocence discovery due-process evidentiary-hearing factual-findings federal-habeas federal-habeas-corpus legal-standard state-court-findings state-court-procedure Was the federal court required to accept petitioner's factual allegations as true when the state court made findings against the petitioner without a …