| 25-53 |
Brittany Valencia Martin v. South Carolina |
South Carolina |
2025-07-15 |
Denied |
Response Waived |
appellate-review constitutional-law first-amendment independent-review preservation-rule state-courts |
It is a "rule of federal constitutional law" that in "cases raising First Amendment issues," appellate courts must "make an independent examination of… |
| 24-40 |
Leonard L. Grigsby, et al. v. United States |
Fifth Circuit |
2024-07-15 |
Denied |
Response Waived |
administrative-agency administrative-agency-finding burden-of-proof funding-exclusion independent-review judicial-review presumption-of-correctness research-activities research-and-development-tax-credit summary-judgment tax-credit |
1. Whether, under a proper application of law, an administrative agency finding should be given the presumption of correctness when it is uncontrovert… |
| 23-1198 |
Harisadhan Patra, et ux. v. Pennsylvania State System of Higher Education, et al. |
Third Circuit |
2024-05-07 |
Denied |
Response Waived |
civil-procedure first-amendment frcp-56 independent-review local-rules material-facts religious-harassment statement-of-material-facts summary-judgment supreme-court-precedents workplace-discrimination |
Supreme Court precedents require, "The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor." Ande… |
| 23-6305 |
Brendan Hunt v. United States |
Second Circuit |
2023-12-19 |
Denied |
IFP |
appellate-review circuit-split constitutional-fact first-amendment free-speech independent-review speech-protection standard-of-review true-threat |
A jury's determination that a particular expression constitutes a "true threat" takes it outside the First Amendment. The consequence is that the stat… |
| 22-1162 |
Frank Lawrence, Jr. v. United States District Court for the Western District of Michigan |
Sixth Circuit |
2023-05-31 |
Denied |
|
abuse-of-discretion bar-admission due-process free-speech independent-review speech-related-activities standard-of-review unconstitutional-conditions |
The Sixth Circuit determined in this case that although "the Supreme Court has not formally announced the proper standard of review for bar-admission … |
| 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 |
I. Whether Missouri's verbatim adoption of the prosecution's factually deficient findings without independent review – contrary to Jefferson v. Upton,… |
| 19-8653 |
Jose Heriberto Ramirez v. United States |
Fifth Circuit |
2020-06-10 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-standards criminal-procedure due-process independent-review judicial-review legal-principles sentence-reduction sentencing-reduction standard-of-review statutory-interpretation |
Petitioner is challenging all Drugs Minus-Two pursuant to Title 18 U.S.C. § 3582 (c)(2). Reduction of Sentence, Petitioner is eligible to receive the … |
| 19-6851 |
Lena Lasher v. Nebraska State Board of Pharmacy, et al. |
Eighth Circuit |
2019-12-04 |
Dismissed |
Relisted (2)IFP |
administrative-agency administrative-discretion civil-rights due-process equal-protection ethnic-discrimination independent-agency independent-review licensing pharmacist pharmacy-licensing state-board-of-pharmacy witness-credibility |
1. Did the Nebraska Board of Pharmacy (NE BOP) erred by not acting independently in considering the matter at hand concerning the appellant's pharmaci… |
| 19-5122 |
David Alan Westerfield v. California |
California |
2019-07-09 |
Denied |
IFP |
capital-trial de-novo-review due-process due-process-review fourth-amendment independent-review jury-sequestration polygraph-evidence pretrial-publicity probable-cause sheppard-v-maxwell standard-of-review |
A. Does the mandate announced in Sheppard v. Maxwell (1964) 384 U.S. 333 at page 362, that appellate courts, reviewing the measures taken by the trial… |