forfeiture

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-747 Matthew Cline v. United States Tenth Circuit 2025-12-23 Pending Amici (1)Response Waived co-conspirator criminal-law forfeiture property-transfer statutory-interpretation tenth-circuit Whether under 18 U.S.C. § 981(a)(1)(C) a defendant may be ordered to forfeit property to the government that he transferred to a co-conspirator merely…
25-744 Jose Duran, Individually and as Representative of a Class of Judgment Creditors of the Estate of Ferdinand E. Marcos v. United States Second Circuit 2025-12-22 Pending Response Waived civil-procedure due-process foreign-judgment forfeiture in-rem-jurisdiction sovereign-immunity This proceeding was brought by the United States on behalf of the Republic of the Philippines, seeking recognition and enforcement of a Philippine for…
25A509 Matthew Cline v. United States Tenth Circuit 2025-11-04 Application circuit-split co-conspirator criminal-proceeds forfeiture honeycutt-standard wire-fraud Whether a defendant can be ordered to forfeit criminal proceeds that were briefly under his control but immediately transferred to a co-conspirator
25-161 Surgery Center Management, LLC v. United States Ninth Circuit 2025-08-11 Denied Response WaivedRelisted (2) asset-seizure criminal-law forfeiture proceeds property-rights statutory-interpretation Whether in a forfeiture action seeking "proceeds," defined in 18 U.S.C. § 981(a)(2)(A) as "property of any kind obtained directly or indirectly, as th…
24A1287 Kenneth J. Jouppi v. Alaska Alaska 2025-06-26 Presumed Complete alcohol-transportation dry-village eighth-amendment excessive-fines forfeiture mandatory-seizure Whether the Excessive Fines Clause of the Eighth Amendment prohibits the mandatory forfeiture of an aircraft used to transport a small quantity of alc…
24-751 Giorgi Rtskhiladze v. Department of Justice, et al. District of Columbia 2025-01-17 Denied Response WaivedRelisted (2) appellate-procedure circuit-court damages-claim footnote-defamation forfeiture privacy-act Did Petitioner forfeit his Privacy Act damages claim where the damages issue was fully briefed and the decision finds no support in existing caselaw?
24-6226 Andres Fernando Cabezas v. United States Eleventh Circuit 2025-01-02 Denied Response WaivedIFP bitcoin digital-property due-process fifth-amendment forfeiture procedural-standards Does the Fifth Amendment's Due Process Clause require explicit notice and adjudication for the forfeiture of intangible digital property, such as Bitc…
24-571 Elizabeth Peters Young v. United States Eleventh Circuit 2024-11-21 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) co-conspirator criminal-law forfeiture honeycutt-precedent property-transfer statutory-interpretation Under Honeycutt, can a defendant be ordered to forfeit property that was intended for and ultimately acquired by her co-conspirator, merely because th…
24A304 Elizabeth Peters Young v. United States Eleventh Circuit 2024-09-30 Presumed Complete appellate-review circuit-split criminal-proceeds forfeiture health-care-payor honeycutt-precedent Whether federal courts can impose criminal forfeiture against private health care payors following the Supreme Court's decision in Honeycutt v. United…
24-5028 Rafael Cardona, Sr. v. United States First Circuit 2024-07-09 Denied Response WaivedIFP appellate-review criminal-procedure federal-rules-of-criminal-procedure forfeiture good-cause motion-timeliness multiplicity plain-error-review rule-12 waiver Whether Fed. R. Crim. P. 12, as amended in 2014, mandates a forfeiture or waiver of a multiplicity claim not timely raised in the district court, and …
23-7844 Marcus Orlando Armstrong v. United States Ninth Circuit 2024-07-02 Denied Response WaivedIFP appellate-review criminal-procedure district-court district-court-jurisdiction forfeiture forfeiture-doctrine judicial-discretion objection sentencing sentencing-procedure standard-of-review Does a defendant forfeit a challenge to the manner in which the district court imposed sentence by failing to object after the sentence is pronounced,…
23A941 Rafael Cardona, Sr. v. United States First Circuit 2024-04-19 Presumed Complete circuit-split criminal-procedure forfeiture plain-error rule-12b8 waiver Whether a failure to raise a Rule 12(b)(8) issue in the district court results in waiver or forfeiture, and thus whether the issue is unreviewable or …
23-1050 Luis Sanchez, et al. v. United States Eleventh Circuit 2024-03-22 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) amendment circuit-split civil-forfeiture criminal-procedure due-process forfeiture pleading pleading-deficiency statutory-interpretation Whether a timely-filed 21 U.S.C. § 853(n) petition may be amended to cure a pleading deficiency after the 30-day filing period has run
23-945 Ilana Bangiyeva v. United States Fourth Circuit 2024-02-29 Denied Response Waived asset-seizure civil-procedure criminal-procedure district-court due-process forfeiture judicial-review legal-interest property-forfeiture property-rights standing united-states-government What is the appropriate test to determine whether petitioner has a sufficient legal interest in forfeited property
23-6725 Deonte Marques Curry v. United States Fourth Circuit 2024-02-12 Denied Response WaivedIFP court-of-appeals criminal-procedure due-process electronic-filing forfeiture notice restitution sentencing sentencing-error Whether due process is satisfied when the government relies solely on the district court's electronic case filing system to notify defendant's counsel…
23-6567 Jonathan David Wilke v. Wisconsin Wisconsin 2024-01-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process forfeiture harmless-error lineup photo-array witness-identification Was the Wisconsin Court of Appeals decision an erroneous application of law?
23-781 Sammie Todd Moser v. Halifax County Board of Supervisors, et al. Virginia 2024-01-23 Denied Response Waived appeals-limitation due-process eighth-amendment excessive-fines fifth-amendment forfeiture retirement-benefits Whether the Eighth Amendment's Excessive Fines clause was violated in the forfeiture of Petitioner's vested retirement benefits
23-5756 David Davalos, Sr. v. United States Fifth Circuit 2023-10-11 Denied Response WaivedIFP criminal-forfeiture criminal-law due-process Fifth-Circuit forfeiture Honeycutt-v-United-States property-rights property-seizure statutory-interpretation tainted-property Whether Honeycutt-v-United-States-requires-limiting-forfeiture-to-tainted-property-defendant-actually-acquired
23-5717 Ronnie Shahar v. United States Ninth Circuit 2023-10-04 Denied Response WaivedIFP civil-rights coin-seizure due-process expert-testimony forfeiture forfeiture-proceedings import-regulations metallurgical-evidence probable-cause seizure standing summary-judgment What is the level of proof required from the US Government when it seizes mutilated or damaged coins imported from Chinese recycling factories and dum…
23-5647 Eddie Savage v. Chae Harris, Warden Sixth Circuit 2023-09-26 Denied Response WaivedIFP constitutional-rights conviction-relief due-process equal-protection exculpatory-evidence forfeiture fourteenth-amendment photographic-evidence post-conviction-relief Whether the Fourteenth Amendment's Due Process Clause is violated when the State presents evidence at trial that is later discovered to be false or mi…
23-5533 Rosetta M. Clayton v. Navy Federal Credit Union Alabama 2023-09-06 Denied IFP 14th-amendment civil-procedure civil-rights due-process federal-jurisdiction forfeiture mortgage-fraud redemption-period standing takings Did both State and Circuit Court err in upholding redemption period despite precedent to contrary that sets aside redemption periods and/or foreclosur…
23-95 Philip Esformes v. United States Eleventh Circuit 2023-08-02 Denied attorney-client-privilege criminal-procedure disqualification forfeiture judicial-fact-finding prejudice prosecutorial-misconduct sixth-amendment Whether a criminal defendant must show actual prejudice to establish a Sixth Amendment violation warranting dismissal of the indictment or disqualific…
23-5182 In Re Richard Charles Lussy 2023-07-24 Dismissed IFP administrative-procedure civil-rights constitutional-writ due-process evidence-code forfeiture non-delegation-doctrine public-office sovereign-immunity standing to compel his standing due to unavailability: 'forfeiture of public office for wrong doing.' From: Incompetent Abraham Skinner's(IAS'S) Appellee Team …
22-1200 Lee Jones v. United States Sixth Circuit 2023-06-12 Denied appellate-review circuit-split criminal-procedure forfeiture independent-obligation judicial-discretion legal-argumentation legal-forfeiture young-v-united-states Do the courts of appeals have an independent obligation to craft and consider forfeited legal arguments in criminal cases?
22-7054 Jamar L. Travillion v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2023-03-21 Denied IFP 28-usc-2254 certificate-of-appealability constitutional-rights due-process federal-review forfeiture habeas-corpus procedural-standard right-to-counsel waiver Could reasonable jurists disagree with the District Court's rejection of Petitionen's claim that the State Courts' determination that he forfeited his…
22-6920 Ogerta Helena Hartwein v. Missouri Missouri 2023-03-03 Denied IFP civil-rights confrontation-clause criminal-procedure custody domestic-violence due-process forfeiture forfeiture-by-wrongdoing intent witness-testimony Whether the Court of Appeals erred in affirming the conviction of the defendant for violating a court order when the defendant had not seen and was no…
22-648 Igor Lukashin v. United States Court of Appeals for the Ninth Circuit Ninth Circuit 2023-01-11 Denied due-process equal-protection forfeiture judicial-discretion ninth-circuit padgett-fraud pre-filing-order pro-se pro-se-appeals waiver Whether the Ninth Circuit has been denying Due Process by applying a purportedly categorical rule
22-318 Ronald Tai Young Moon, Jr. v. United States Eleventh Circuit 2022-10-05 Denied Response Waived 6th-amendment constitutional-rights criminal-procedure forfeiture public-trial sixth-amendment waiver What is the standard for finding a waiver (as opposed to mere forfeiture) of the Sixth Amendment right to a 'public trial?'
22-5235 Louis McIntosh v. United States Second Circuit 2022-08-01 GVR IFP §924(c) criminal-procedure federal-jurisdiction forfeiture hobbs-act interstate-commerce rule-32.2 sentencing Whether petitioner's §924(c) conviction based on an attempted Hobbs Act robbery should be vacated in light of United States v. Taylor
21-8204 Reginald Brown v. United States Eleventh Circuit 2022-06-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process forfeiture ineffective-counsel pro-se pro-se-representation right-to-counsel severance sixth-amendment Whether the district court erred by denying the motions for severance?
21-8121 Leila Varetta Hector, aka Leila Varretta Hector, aka Leila Varetta Hector-Dykes, aka Rita Hector v. United States Fourth Circuit 2022-06-10 Denied Response WaivedIFP 21-usc-853 circuit-court-decision constitutional-law criminal-forfeiture forfeiture forfeiture-award honeycutt-precedent honeycutt-v-united-states joint-and-several-liability statutory-interpretation Whether the imposition of joint and several liability on a forfeiture award under 21 U.S.C. § 853(a) violates the Court's holding in Honeycutt v. Unit…
21-1491 City of Kent, Washington v. Adrian Jacobo-Hernandez Washington 2022-05-27 Denied Response Waived civil-rights constitutional-rights criminal-law due-process excessive-fines felony felony-instrumentality forfeiture livelihood-preservation property-forfeiture Whether the Excessive Fines Clause provides a livelihood preservation protection which can prevent the forfeiture of the instrumentality of a felony?
21-1226 Michael Washington v. Florida Department of Transportation Florida 2022-03-09 Denied Response Waived appellate-review civil-procedure constitutional-waiver counsel-representation due-process forfeiture fundamental-rights right-to-counsel sixth-amendment trial-rights waiver Whether the reasoning in Olano applies in a civil context where the failure of a party's counsel to object to closing argument due to misconduct or ne…
21-990 Aldrich L. Boss, as Personal Representative of the Estate of Stewart R. Crane v. United States, et al. First Circuit 2022-01-12 Denied Response Waived 5th-amendment bona-fide-purchase fifth-amendment forfeiture innocent-owner-defense property-forfeiture public-record standing takings-clause Whether the Fifth Amendment's Takings Clause permits the establishment of a new category of property for forfeiture purposes
21-949 George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. v. Samuel Randolph Third Circuit 2021-12-29 Denied continuance continuances counsel-of-choice criminal-defendant criminal-procedure forfeiture right-to-counsel sixth-amendment trial-court waiver Whether a criminal defendant can forfeit or waive his or her Sixth Amendment right to counsel of choice
21-5074 Samuel Ridder v. Tim Shoop, Warden Sixth Circuit 2021-07-12 Denied Response WaivedIFP alleged-bias appellate-procedure certificate-of-appealability forfeiture ineffective-assistance ineffective-assistance-of-counsel judicial-bias merits-brief prosecutorial-misconduct sixth-circuit Did the Sixth Circuit misconstrue the Certificate of Appealability as a merits brief?
21-5064 Brandi Channon and Matthew Channon v. United States Tenth Circuit 2021-07-09 Denied Response WaivedIFP 18-usc-981 criminal-forfeiture forfeiture in-personam in-personam-order joint-and-several-liability joint-liability money-judgment rewards-fraud statutory-forfeiture statutory-interpretation Does § 981(a)(1)(C) permit the entry of an in personam money judgment in lieu of tainted property?
20-8290 Anthony Leon Waits v. United States Eighth Circuit 2021-06-11 Denied Response WaivedIFP circuit-split criminal-procedure district-court federal-court federal-rule forfeiture forfeiture-judgment indictment indictment-notice statutory-basis Does Federal Rule of Criminal Procedure 32.2(a) prohibit a district court from entering a forfeiture judgment when the indictment does not give notice…
20-8103 Sayda Powery Orellana and Manuel Porras Salas v. United States Ninth Circuit 2021-05-25 Denied Response WaivedIFP appellate-review circuit-split civil-procedure forfeiture jury-instructions plain-error procedural-default waiver Whether agreement to a set of joint jury instructions is a waiver or forfeiture
20-7940 Khaled Elbeblawy v. United States Eleventh Circuit 2021-05-05 Denied Response WaivedIFP constitutional-rights criminal-forfeiture due-process fact-finding forfeiture jury-trial restitution sentencing-enhancements sixth-amendment Whether the Sixth Amendment requires a jury trial on forfeiture, and whether the Sixth Amendment forbids a judge from finding facts that increase fine…
20-1277 Richard Meyer v. Kentucky Kentucky 2021-03-15 Denied civil-rights constitutional-challenge criminal-procedure due-process excessive-fines forfeitability forfeiture kentucky kentucky-statutes timbs-precedent timbs-v-indiana Does the Kentucky Court of Appeals decision in this case stand in direct contradiction to this Court's decision in Timbs v. Indiana, 139 S.Ct. 682 (20…
20-7010 Israel Santiago-Lugo v. United States First Circuit 2021-02-02 Denied Response WaivedIFP ambiguity amendment-782 criminal-procedure federal-rules forfeiture molina-martinez-v-us peugh-v-us rule-of-lenity sentencing-guidelines Whether the sentence was imposed under U.S.S.G. §201.1(c)
20-6601 Savannah Sifuentes v. United States Fifth Circuit 2020-12-10 Denied Relisted (2)IFP appellate-review criminal-procedure elements-of-offense essential-element forfeiture guilty-plea indictment indictment-challenge statutory-interpretation waiver Whether a defendant who unsuccessfully moves to dismiss an indictment for failure to allege an essential element of the crime waives or forfeits the a…
20-424 IYM Technologies LLC v. RPX Corporation, et al. Federal Circuit 2020-10-02 Denied Response Waived appointments-clause arthrex constitutional-claim federal-circuit forfeiture inter-partes-review patent patent-law standing Whether a court of appeals can invoke forfeiture to refuse to address a constitutional claim in a pending appeal despite an intervening change in law
20-5778 David Davalos, Sr. v. United States Fifth Circuit 2020-09-23 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure criminal-procedure-rules district-court-jurisdiction federal-rules forfeiture forfeiture-order jurisdiction money-judgment notice-of-appeal time-limits Whether a district court exceeds its jurisdiction by entering a preliminary order of forfeiture and an order of money judgment beyond the time limits …
20-5604 Atorbe Aaron Isibor v. United States Ninth Circuit 2020-09-08 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure federal-rules forfeiture olano venue venue-insufficiency waiver waiver-doctrine Whether a defendant who argues for the first time on appeal that the government failed to meet its burden to prove venue waives the issue or merely fo…
20-175 Jinil Steel Company, Limited v. ValuePart, Incorporated, et al. Fifth Circuit 2020-08-17 Denied Response Waived appellate-review bankruptcy bankruptcy-procedure civil-procedure forfeiture judicial-discretion legal-forfeiture oral-argument pleadings preservation-of-error procedural-preservation Whether a litigant forfeits an argument by raising it thoroughly in an oral proceeding in bankruptcy court or other court of first instance, but not i…
20-5343 James Brome v. United States Second Circuit 2020-08-13 Denied Response WaivedIFP administrative-law due-process forfeiture jones-v-flowers mail-delivery notice notice-requirements prisoner prisoner-notice property-forfeiture statutory-notice What level of notice is required when providing a prisoner with notice that his property will be forfeited?
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…
20-51 Pedro Pete Benevides v. United States Eleventh Circuit 2020-07-22 Denied Response Waived criminal-forfeiture eighth-amendment excessive-fine forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-guidelines Whether the forfeiture of over $44 million constitutes an excessive fine under the Eighth Amendment
19-1475 Duke University v. Biomarin Pharmaceutical Inc. Federal Circuit 2020-07-08 Denied 35-usc-314 administrative-law administrative-patent-judges appointments-clause due-process forfeiture inter-partes-review patent patent-law standing statutory-interpretation Whether a court of appeals can invoke forfeiture to refuse to address an Appointments Clause violation in a pending appeal despite an intervening chan…
19-1451 Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc. Federal Circuit 2020-07-02 Denied administrative-law appointments-clause constitutional-challenge federal-circuit forfeiture ksr-international-co-v-teleflex-inc obviousness patent-act patent-law patent-trial-and-appeal-board pending-case separation-of-powers Whether a court can refuse to entertain a constitutional, separation-of-powers challenge based on an intervening change of law on the grounds of forfe…
19-8787 Wayne A. G. James v. United States Third Circuit 2020-06-23 Denied Response WaivedIFP attorney-objection circuit-split civil-procedure evidence evidence-admission forfeiture plain-error trial-record waiver Whether an otherwise silent trial record showing only that an attorney declined to object to the admission of evidence establishes forfeiture or waive…
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…
19-8366 Andres Fernando Cabezas v. United States Eleventh Circuit 2020-04-27 Denied Response WaivedIFP appeals appellate-procedure circuit-split civil-procedure criminal-procedure due-process federal-jurisdiction forfeiture property-recovery property-rights rule-41g subject-matter-jurisdiction Does a district court have subject-matter jurisdiction to decide 41(g) motions for recovery of property that is unrelated to a criminal judgment on ap…
19-8097 Jay Eugene Reed v. United States Third Circuit 2020-03-24 Denied Response WaivedIFP appellate-review criminal-rule-52(b) criminal-rule-52b evidence-rule-103 expert-testimony forfeiture plain-error plain-error-review sentencing sentencing-procedure Whether the Court of Appeals erred in treating the evidentiary issue as forfeited and subject to only plain error review under Evidence Rule 103 and C…
19-7939 Robert James Pope, Jr. v. Wisconsin Wisconsin 2020-03-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right…
19-7848 Barton Joseph Adams v. United States Fourth Circuit 2020-03-02 Denied Response WaivedIFP binding-plea-agreement criminal-procedure criminal-procedure-rule-11-c-1-c criminal-procedure-rule-32-2-e-1-a district-court-misconduct due-process forfeiture plea-agreement property-forfeiture property-rights protective-order rule-11 rule-32.2 sealed-court-order sealing-orders sentencing sentencing-procedure Whether the lower court violated the mandatory requirements of Rule 32.2(e)(1)(A) and breached the Rule 11(c)(1)(C) binding sentence
19-1020 Florence Bikundi v. United States District of Columbia 2020-02-14 Denied Response Waived burden-of-proof continuance district-court-discretion due-process ends-of-justice ends-of-justice-continuance forfeiture fraud fraud-conduct restitution sentencing sentencing-guidelines speedy-trial-act Whether a district court granting an ends-of-justice continuance under the Speedy Trial Act violates the requirement to set forth reasons
19-991 Samson Primm v. United States Sixth Circuit 2020-02-07 Denied Response Waived 4th-amendment civil-rights criminal-procedure due-process fifth-amendment forfeiture forfeiture-case fourth-amendment search-and-seizure standing suppression-hearing Whether one who has the requisite standing to move to suppress based on contentions, which if validated show his Fourth Amendment rights were violated…
19-7416 James P. Griffin v. United States Second Circuit 2020-01-24 Denied Response WaivedIFP abuse-of-discretion calculation-error civil-procedure continuance criminal-procedure due-process fifth-amendment financial-penalties forfeiture medical-hardship medical-issues restitution restitution-calculation sentencing sixth-amendment trial-continuance trial-court trial-court-discretion Whether the amount of restitution and forfeiture w Whether the trial court abused its discretion in denying a continuance due to medical problems
19-7376 Alice C. Trappler v. New York New York 2020-01-22 Denied Response WaivedIFP burden-of-proof confrontation-clause conspiracy criminal-defendant criminal-procedure due-process forfeiture hearsay hearsay-exception legal-insufficiency sixth-amendment waiver Whether the automatic waiver and permanent forfeiture of legal insufficiency claims due to trial counsel's failure to move to dismiss on those grounds…
19-6922 Charles Edward Bates v. United States Sixth Circuit 2019-12-13 Denied IFP 8th-amendment civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process eighth-amendment excessive-fines excessive-punishment forfeiture sentencing Whether the lower courts erred in their interpretation of the Eighth Amendment prohibition on excessive fines and punishments as the forfeiture amount…
19-540 Andre Jenkins v. City of Cleveland, Ohio Ohio 2019-10-24 Denied Response Waived civil-procedure civil-rights concurrent-jurisdiction criminal-procedure due-process forfeiture forfeiture-procedure in-rem-jurisdiction property-rights seizure standing warrantless-seizure Whether the warrantless seizure of money for forfeiture can be justified
19-6185 Aaron Lee Smiley v. United States Fourth Circuit 2019-10-07 Denied Response WaivedRelisted (2)IFP appellate-review civil-rights coercion constitutional-rights due-process forfeiture home-forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-agreement standing Does a plea agreement need to pass constitutional muster before it waives a person's right to challenge on appeal the forfeiture of his or her home?
19-278 Pfizer Inc., et al. v. Superior Court of California, County of Los Angeles, et al. California 2019-09-03 Denied Amici (1) bristol-myers-squibb civil-procedure due-process federal-courts federal-law forfeiture jurisdiction personal-jurisdiction subject-matter-jurisdiction Whether a defendant's efforts to establish federal subject matter jurisdiction can result in forfeiture of an otherwise fully preserved challenge to p…
19-5484 Geoff Edwin Murphy v. Debbie Asuncion, Warden Ninth Circuit 2019-08-07 Denied IFP attempted-homicide constitutional-rights criminal-procedure discrimination due-process federal-claims forfeiture jury-instructions legal-procedure state-court-rule state-trial-court Whether the state trial court deprived the petitioner of his right to due process by instructing the jury on justifiable attempted homicide
19-5286 Adam Patton v. Arkansas Arkansas 2019-07-23 Denied Response WaivedIFP constitutional-rights criminal-defendant criminal-procedure due-process forfeiture right-to-counsel sixth-amendment waiver Whether a criminal defendant, who has not knowingly and intelligently waived his Sixth Amendment right to counsel and who clearly requests the assista…
18-9775 Dustin Washington v. United States Fourth Circuit 2019-06-24 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence Whether the Fourth Circuit erred in failing to find that the trial court erred in denying Mr. Washington's motion to suppress the search of the BMW
18-9584 William Earl Miller v. Arizona Arizona 2019-06-07 Denied Response WaivedIFP civil-procedure due-process fifth-amendment forfeiture fourteenth-amendment statutory-interpretation subject-matter-jurisdiction Whether Arizona Revised Statutes, section 13-2313, violates the due process clause under the Fifth and Fourteenth Amendments
18-1510 Fredesvindo Rodriguez-Garcia v. Fior Pichardo de Veloz, et al. Eleventh Circuit 2019-06-04 Denied civil-procedure civil-rights constitutional-rights detention-facility due-process forfeiture gender-identification gender-identity medical-examination medical-treatment procedural-error qualified-immunity Whether the court of appeals erred in denying qualified immunity to Dr. Rodriguez-Garcia without identifying precedent clearly establishing the violat…
18-8865 Marvin Lopez-Aguilar v. United States Tenth Circuit 2019-04-17 Denied Response WaivedIFP appellate-review circuit-conflict collateral-attack collateral-challenge conviction criminal-procedure district-court forfeiture government-enforcement government-forfeiture habeas-corpus waiver Does the government forfeit its right to enforce a defendant's waiver of a collateral challenge to his conviction by failing to raise the waiver issue…
18-8439 Richard Larry Lacey v. Oregon Oregon 2019-03-18 Denied Response WaivedIFP courtroom-removal defendant-misconduct forfeiture misconduct right-to-representation self-representation sixth-amendment trial-rights waiver waiver-forfeiture Does a self-represented defendant waive or forfeit his Sixth Amendment right to representation when the defendant intentionally engages in misconduct …
18-8387 Delmart E. J. M. Vreeland, II v. David Zupan, Warden, et al. Tenth Circuit 2019-03-12 Denied Response WaivedIFP conflicting-rulings defendant-rights due-process forfeiture implied-waiver intelligent judicial-discretion knowing right-to-counsel trial-court-procedure voluntary waiver waiver-of-counsel Whether a trial court violates this Court's requirement that any waiver of counsel be knowing, voluntary and intelligent
18-8292 Julius Greer v. United States Third Circuit 2019-03-05 Denied IFP circuit-split crime-of-violence criminal-procedure forfeiture judicial-review motion-to-dismiss plain-error-review speedy-trial-act standard-of-review waiver Speedy-Trial-Act-violation
18-8139 Louis A. Hardison v. United States Eighth Circuit 2019-02-27 Denied Response WaivedIFP asset-forfeiture civil-procedure civil-procedure-forfeiture due-process federal-adoption federal-jurisdiction forfeiture in-rem-jurisdiction ineffective-counsel missouri-forfeiture-laws missouri-statute state-federal-jurisdiction state-law turnover-order Whether Missouri statute RSMO 513.607-613.647 provides exclusive in rem jurisdiction over seized property even when state and local government fail to…
18-1081 Curtiss Wilson v. Horton's Towing, et al. Ninth Circuit 2019-02-21 Denied Response Waived 4th-amendment 5th-amendment civil-rights drug-law-enforcement drug-laws due-process forfeiture indian-law indian-tribe-authority montana-exception montana-v-united-states non-native-americans non-native-seizure tribal-jurisdiction tribal-law tribal-sovereignty vehicle-forfeiture Whether an Indian tribe has authority under the Montana exception to forfeit automobiles owned by non-Native Americans for violation of tribal drug la…
18-922 Abraham M. Fisch v. Texas Texas 2019-01-16 Denied attorney-fees client-rights criminal-defense-attorney criminal-procedure due-process excessive-fines forfeiture sixth-amendment standard-of-review What is the appropriate standard of review for the forfeiture of attorney's fees?
18-7324 Roberto Gil v. Florida Florida 2019-01-09 Denied IFP arrest confidential-informant contingent-fee due-process forfeiture fourteenth-amendment law-enforcement testimony Whether a confidential informant's contingent fee arrangement with police violates due process rights?
18-685 Lynn Robinson, et al. v. American Airlines, Inc., et al. Tenth Circuit 2018-11-26 Denied Response Waived adhesion-contract adhesion-contracts airline-deregulation-act common-law common-law-contract consumer-rights contract-interpretation contract-law forfeiture statutory-interpretation unconscionability Whether a court may use and apply a State's common-law contract laws, rules and principles to interpret and construe an airline's adhesion contract wi…
18-6679 Donate Graham v. Illinois Illinois 2018-11-13 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause conspiracy-liability criminal-procedure due-process forfeiture forfeiture-by-wrongdoing forfeiture-doctrine giles-v-california intent witness-procurement Whether the forfeiture-by-wrongdoing exception to the Confrontation Clause encompasses acts of wrongful witness procurement done by alleged co-conspir…
18-6647 Kiran Sharma v. United States Fifth Circuit 2018-11-09 Denied Response WaivedRelisted (2)IFP constitutional-rights due-process evidentiary-hearing forfeiture forfeiture-restitution ineffective-assistance-of-counsel mandatory-victim-restitution-act plea-agreement restitution statutory-interpretation third-party-beneficiary trust-corpus Does the language in the Mandatory Victim Act (MVRA) allow the courts to forfeit the third party beneficiary's 'Trust Corpus' without an 'Evidentiary …
18-419 Len Boogaard, et ux., as Personal Representatives of the Estate of Derek Boogaard, Deceased v. National Hockey League, et al. Seventh Circuit 2018-10-03 Denied Response Waived civil-procedure civil-rights federal-jurisdiction forfeiture judicial-discretion pleading-requirements remand removal state-law-claims tort-law Whether the federal courts abused their discretion in usurping a states' power to adjudicate common law tort claims
18-411 Cindy Omidi v. United States Ninth Circuit 2018-10-02 Denied Response Waived 31-usc-5317 31-usc-5324 civil-procedure criminal-procedure due-process forfeiture jurisdictional-basis money-judgment personal-money-judgment statutory-interpretation structuring Whether a district court has authority to enter a personal money judgment against a person who violated 31 U.S.C. § 5324(a)(3) (structuring) when the …
18-6005 Trayon L. Williams v. United States Tenth Circuit 2018-09-17 Denied IFP appellate-procedure causation-element circuit-split claim-preservation criminal-procedure-waiver-forfeiture forfeiture preservation-of-issues preserved-claim standard-of-review sua-sponte-ruling violent-crime-definition violent-force-element waiver waiver-principles Whether a court of appeals can sua sponte hold a preserved claim forfeited and then dismiss it as waived when the government agrees the claim was prop…
18-5542 Stephen Mayer v. United States Eleventh Circuit 2018-08-10 Denied Response WaivedIFP appellate-review civil-procedure criminal-procedure due-process forfeiture fraud judicial-procedure law-of-the-case prosecutorial-fraud prosecutorial-misconduct remand vacatur Whether the finding of fact prior to vacating the forfeiture order becomes 'Law-of-the-Case' upon remand
18-5371 Michael Ellis v. Illinois Illinois 2018-07-27 Denied IFP appellate-review case-remand constitutional-challenge criminal-procedure due-process,criminal-procedure,probable-cause,forf forfeiture forfeiture-doctrine people-v-gaines probable-cause probable-cause,forfeiture,unconstitutional-statute statutory-interpretation teague-v-lane unconstitutional-statute Did the State forfeit the claim, reliance or remedy of Michigan v. DeFillippo, 443 U.S. 1 and U.S. v Charles, 801 F.3d 855 (7th Cir.) of an unconstitu…