| 24-5251 |
Keith Vernon Davis v. David Close, Superintendent, State Correctional Institution at Houtzdale |
Third Circuit |
2024-08-07 |
Granted |
IFP |
counsel-conflict due-process judicial-determination probable-cause property-seizure sixth-amendment |
1. WHETHER AN INDEPENDENT JUDICIAL DETERMINATION WAS MADE OF PROBABLE CAUSE OR A WARRANT ISSUED 1/22/2017 AT INCIDENT No. 20170122M1328 PRIOR TO ENTRY… |
| 23-1342 |
David W. Foley, Jr., et ux. v. Orange County, Florida, et al. |
Eleventh Circuit |
2024-06-26 |
Denied |
Response Waived |
14th-amendment administrative-injunction constitutional-provision due-process federal-courts fourteenth-amendment judicial-determination state-courts state-law |
Whether the Due Process Clauses of the Fifth and Fourteenth Amendments require federal and state courts to answer the question of state law that the c… |
| 23-668 |
Warren King v. Shawn Emmons, Warden |
Eleventh Circuit |
2023-12-20 |
Denied |
Amici (2)Relisted (13) |
28-usc-2254 batson-challenge batson-v-kentucky equal-protection federal-review habeas-corpus judicial-determination jury-selection racial-discrimination statutory-interpretation supreme-court-review |
1. Whether the Georgia Supreme Court's decision was based on "an unreasonable determination" of the facts. 28 U.S.C. § 2254(d)(2).
2. Whether the Geo… |
| 23-5775 |
Suvad Dardagan v. Charles Truitt, Warden |
Illinois |
2023-10-12 |
Denied |
IFP |
affirmation charging-instrument executive-branch fourth-amendment judicial-determination oath probable-cause warrant warrant-requirement |
I. The Fourth Amendment of the United States Constitu
tion, apt of being jurisdictional in and of itself,
requires Warrants issued upon probable cau… |
| 21-7248 |
John Garcia v. Melissa Robinson |
Arizona |
2022-03-02 |
Denied |
IFP |
child-custody constitutional-rights court-order due-process evidence judicial-bias judicial-determination parental-rights parenting-plan trial-procedure |
A. Does a Judas Pre DETER MATION ON THE RECORD Pao TO REVIEWING THE EVIDENCE ca AT TRA Milaate A CONSTITUTIONAL BAGH TO TED. DUE PROCESS
2 WHEN. AL P… |
| 20-7825 |
Carlon McGinn v. Kansas |
Kansas |
2021-04-22 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey constitutional-vagueness criminal-history criminal-sentencing due-process fourteenth-amendment judicial-determination jury-trial sentencing-enhancement sixth-amendment |
Petitioner's 'OUT OF STATE' crime 'IS NOT' Defined under Kansas State Statutes and used to Enhance
His Sentence based on the Determinations of a Judge… |
| 20-919 |
Richard Spinnenweber, et al. v. Dan Williams |
Eleventh Circuit |
2021-01-08 |
Denied |
Response Waived |
arrest civil-rights criminal-arrest criminal-procedure district-court due-process fourth-amendment judicial-determination law-enforcement legal-standard probable-cause |
Whether the district court erred in holding that there was probable cause to believe the plaintiffs had committed the crime for which they were arrest… |
| 20-5797 |
Jeffrey Murray v. Rhode Island |
Rhode Island |
2020-09-24 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure due-process judicial-determination probable-cause probation-violation standing warrantless-arrest |
Whether a summons must issue prior to the issuance of a bench warrant, to effect the arrest of a suspected technical probation violator?
Whether a su… |
| 20-5773 |
William C. McGee v. United States |
Eighth Circuit |
2020-09-24 |
Denied |
Relisted (4)IFP |
armed-career-criminal-act criminal-procedure essential-element judicial-determination jury-instructions jury-trial sixth-amendment structural-error |
I. Whether omitting an essential element of the crime in both the indictment and jury instructions may be reviewed for harmlessness as held by the Eig… |
| 20-5614 |
Derrick Anthony Felton v. United States |
Fifth Circuit |
2020-09-08 |
Denied |
Response WaivedIFP |
criminal-activity defendant-status due-process judicial-determination leadership-role legal-error plea-agreement sentencing sentencing-enhancement trial-court vagueness |
Did the Trial Court error in finding that Mr. Felton was an organizer, leader, manager, or supervisor of the criminal activity? |
| 20-5158 |
Alexander J. Silvers v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-07-24 |
Denied |
Response WaivedIFP |
constitutional-rights detention-challenge double-jeopardy due-process gerstein-v-pugh judicial-determination notice-to-defense probable-cause prosecutorial-discretion |
1) Once a neutral magistrate make a judicial determination of probable cause in the arrested offense, does that provide legal justification for the st… |
| 19-8863 |
Michael Strausbaugh v. United States |
Third Circuit |
2020-07-01 |
Denied |
Response WaivedIFP |
appealability appellate-review certificate-of-appealability civil-rights court-of-appeals due-process federal-district-court habeas-corpus judicial-determination miller-el-doctrine procedural-standard standing |
Whether the Court of Appeals contravenes the Certificate of Appealability is denied based on the Unsheltered Court Records determined in and whether t… |
| 19-8777 |
In Re Garvester Bracken |
|
2020-06-22 |
Denied |
IFP |
article-iii article-iii-jurisdiction criminal-procedure due-process judicial-determination jurisdiction probable-cause removal standing trial-court-jurisdiction |
WHETHER IN ABSENCE OF DEFENDANT AND DEFENSE COUNSEL HAVING NOT BEEN PERSONALLY PRESENT DURING ANY STAGE OF THE TRIAL PROCEEDINGS DID THE TRIAL COURT H… |
| 19-1341 |
Richard A. Van Auken, as Trustee and Beneficiary v. Fletcher R. Catron, et al. |
New Mexico |
2020-06-04 |
Denied |
Amici (2)Relisted (2) |
civil-procedure civil-rights constitutional-rights due-process family-property fraud fraudulent-taking judicial-denial judicial-determination judicial-review litigation-history property-rights trust trust-contract |
Whether, after eighteen years of litigation and multiple requests for a final judicial determination of langauge in a six-page express trust contract,… |
| 19-8544 |
Hubert Carter v. United States |
Eighth Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure judicial-determination jury-trial sentencing sentencing-enhancement sixth-amendment statutory-interpretation |
Does the judicial determination of crimes "committed on occasions different from one another" at sentencing under the Armed Career Criminal Act, 18 U.… |
| 19-8088 |
Antonio Rodrigues v. Massachusetts |
Massachusetts |
2020-03-24 |
Denied |
IFP |
constitutional-due-process criminal-element due-process felony-murder judicial-determination judicial-fact-finding maximum-sentence predicate-felony sentencing sufficiency-of-evidence trial-evidence |
Does the Constitution prohibit a State to define a crime to include an element that is to be decided by a judge without evidence; and where the State … |
| 19-1132 |
Blackbird Tech LLC, dba Blackbird Technologies v. Health in Motion LLC, dba Inspire Fitness, et al. |
Federal Circuit |
2020-03-16 |
Denied |
Response Waived |
attorney-fees case-by-case-analysis exceptional-case judicial-determination litigating-position litigation-discretion octane-fitness patent-act patent-law patent-litigation |
Can a court consider factors unrelated to the instant case in determining whether a particular case is exceptional, i.e., whether those outside factor… |
| 19-6900 |
Aldon Smith v. Robert Wilkie, Secretary of Veterans Affairs |
Federal Circuit |
2019-12-10 |
Denied |
Response WaivedRelisted (2)IFP |
attorney-fees attorneys-fees buckhannon civil-procedure civil-rights due-process equal-access-to-justice-act government-litigation judicial-determination mootness prevailing-party standing voluntary-change |
This Court in Buckhannon addressed an award of prevailing party attorneys' fees pursuant to Fair Housing Amendments Act of 1988 and Americans with Dis… |
| 19-6662 |
Shane E. Jones v. United States |
Eighth Circuit |
2019-11-18 |
Denied |
IFP |
armed-career-criminal-act criminal-procedure judicial-determination jury-trial sentencing sentencing-enhancement sixth-amendment sixth-amendment-right statutory-interpretation |
Does the judicial determination of crimes committed on occasions different from one another" at sentencing under the Armed Career Criminal Act, 18 U.S… |
| 19-5893 |
Melissa Pfeiffer v. Massachusetts |
Massachusetts |
2019-09-10 |
Denied |
IFP |
conscious-disregard-for-risk criminal-law felony-murder inherent-dangerousness inherently-dangerous inherently-dangerous-felony judicial-determination judicial-fact-finding jury-instructions malice-aforethought massachusetts-law presumption-of-malice sentencing |
Is it unconstitutional for the courts, as a matter of common law, to withdraw the third element of felony murder from the jury's consideration by labe… |
| 18-6327 |
Rolando Humphrey v. United States |
Fifth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3553a criminal-procedure criminal-sentencing due-process federal-sentencing judicial-determination judicial-discretion jury-role jury-trial sentencing-discretion sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-minimum |
1. Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is "not greater than necessary" to achi… |
| 18-5608 |
Andres Mata v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-16 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-procedure due-process federal-appeals federal-appeals-court habeas-corpus judicial-determination procedural-review state-appeals state-court-review |
Whether a federal court of appeals' determination that a habeas petitioner failed to make a substantial showing of the denial of a constitutional righ… |