issue-preservation

8 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5078 Lawrence J. Turner v. Wisconsin Wisconsin 2025-07-10 Denied Response WaivedIFP counsel-performance direct-review ineffective-assistance issue-preservation legal-standard reasonableness-test Whether, in assessing direct-review counsel's performance based upon the omission of a preserved issue, lower courts should either apply the clearly s…
22-1014 Estate of Rex Vance Wilson, et al. v. Las Vegas Metropolitan Police Department, et al. Ninth Circuit 2023-04-18 Denied Response Waived appellate-review civil-procedure district-court exceptions federal-appeals federal-procedure issue-preservation judicial-discretion legal-arguments preservation-of-claims standard-of-review Where a plaintiff may advance new arguments on appeal
21-7413 Brian Folks v. United States Second Circuit 2022-03-18 Denied Response WaivedIFP circuit-split criminal-procedure evidence issue-preservation prosecutorial-misconduct witness-credibility whether-prosecutor-can-ask-defendant-to-opine-on-witness-credibility
21-510 PDVSA US Litigation Trust v. Lukoil Pan Americas, LLC, et al. Eleventh Circuit 2021-10-06 Denied Response Waived and raised in the appellate briefing to such an e appellate-procedure appellate-review argument-abandonment civil-procedure court-of-appeals district-court issue-preservation judicial-review legal-briefing merits-determination waiver Whether a court of appeals may deem an argument to have been abandoned when it was properly raised and fully briefed in the district court, and raised…
20-1792 Patricia Earnest, et al. v. Joann Ellison, et al. Sixth Circuit 2021-06-23 Denied 14th-amendment appellate-procedure appellate-review due-process due-process-clause issue-preservation legal-basis procedural-fairness trial-court Does a court of appeals deny a party due process under the 14th Amendment when it decides the case on a basis never litigated or passed on as a matter…
20-5916 Veronica Delph v. University of Arkansas for Medical Sciences, et al. Eighth Circuit 2020-10-05 Denied IFP 14th-amendment appellate-procedure appellate-review constitutional-law due-process issue-preservation legal-basis procedural-fairness trial-court Does a court of appeals deny a party due process under the 14th Amendment when it decides the case on a basis never litigated or passed on as a matter…
19-5079 Kenneth Blackwell v. Georgia Georgia 2019-07-05 Denied Response WaivedIFP appeal-discretion appellate-procedure appellate-review evidence issue-preservation judicial-discretion legal-sufficiency legal-theory prior-bad-acts prior-difficulties-evidence standard-of-review state-argument trial-court trial-court-discretion trial-procedure waiver Whether the Georgia Court of Appeals erred when it held that the trial court admitted Petitioner's sexual acts in Ohio as prior difficulties evidence …
18-6627 David Timothy Curry v. Florida Florida 2018-11-09 Denied Response WaivedIFP appeals appellate-review civil-procedure court-procedure direct-appeal due-process issue-preservation judicial-discretion judicial-review legal-reasoning standing state-court state-courts Where a state appellate court is required to address every issue that was presented when they decline to review a lower court's decision