| 25A910 |
Sara Boysen, et al. v. PeaceHealth, et al. |
Ninth Circuit |
2026-02-12 |
Application |
|
certiorari due-process judicial-discretion procedural-rules supreme-court time-extension |
Question not identified. |
| 25-6739 |
In Re Brandy Cornett |
|
2026-02-06 |
Pending |
IFP |
access-to-courts constitutional-guarantee district-court emergency-relief judicial-discretion material-allegations |
Whether the constitutional guarantee of access to the courts permits a District Court to adopt all material allegations as true while concluding that … |
| 25-6708 |
In Re Allen Watkins |
|
2026-02-04 |
Pending |
IFP |
civil-rights due-process federal-arbitration-act judicial-discretion ministerial-duty ultra-vires |
1. Whether, under the Federal Arbitration Act of February 12, 1925, ch. 213, § 9, 43 Stat. 883, the clerk and judge of a United States District Court … |
| 25-6699 |
Martin Gutierrez-Barba v. United States |
Ninth Circuit |
2026-02-03 |
Pending |
Response WaivedIFP |
3553(a)-factors appellate-review criminal-procedure judicial-discretion procedural-error sentencing |
Is urging a sentence recommendation lower than is ultimately imposed and grounding that recommendation in the 18 U.S.C. § 3553(a) factors, sufficient … |
| 25-6685 |
Rodrigue Alain Ndje Nlend v. Suzanne Parisien, Judge, Superior Court of Washington, King County |
Washington |
2026-02-02 |
Pending |
IFP |
constitutional-rights due-process equal-protection judicial-discretion postjudgement-motions writ-of-certiorari |
1. Whether the DecEnation Order is clearly erroneous and whether
the resulting Judge Parisien 's refusal to hear Rodrigue 's
postjudgement motions d… |
| 25-6681 |
Victor Correa v. Scott Wyckoff, Executive Officer, Board of Parole Hearings, et al. |
Ninth Circuit |
2026-01-30 |
Pending |
IFP |
appellate-review civil-rights default-judgment due-process federal-procedure judicial-discretion |
Whether the Ninth Circuit Court of Appeals erred in determining that it had authority to deny respondents' strategic lawsuit against public participat… |
| 25A833 |
Samuel Lee Smith, Jr. v. Andres Garcia, et al. |
Eleventh Circuit |
2026-01-21 |
Application |
|
court-procedure extension-of-time judicial-discretion litigation-process petition-for-certiorari pro-se |
Question not identified. |
| 25-6611 |
James E. Frantz v. Andre Stancil, Executive Director, Colorado Department of Corrections, et al. |
Tenth Circuit |
2026-01-16 |
Pending |
Response WaivedIFP |
actual-innocence aedpa-limitations constitutional-error habeas-corpus judicial-discretion substantive-claim |
1) Did the District Court error by failing to recognizing substantive claims as cognizable under habeas corpus and failing to exercise its equitable a… |
| 25-6577 |
Charles Denard Milbry v. Florida |
Florida |
2026-01-14 |
Pending |
Response WaivedIFP |
constitutional-defect ex-post-facto habeas-corpus judicial-discretion plea-agreement sentencing-guidelines |
Petitioner played a relatively minor role in his acceptance of plea. A trial judge was assigned to petitioner's case when it was filed in 1996 and pre… |
| 25-6531 |
Rafael Jorge v. Marie Adler |
First Circuit |
2026-01-09 |
Pending |
IFP |
appellate-procedure district-court judicial-discretion jurisdictional-deadline notice-of-appeal pro-se-litigant |
Whether a court of appeals can dismiss an appeal by a pro se litigant for failing to file a Notice of Appeal within 30 days of entry of judgment by th… |
| 25-6500 |
Anita Bryant v. Estate of Laura J. Bryant |
Seventh Circuit |
2026-01-07 |
Pending |
IFP |
appellate-rights court-of-appeals in-forma-pauperis judicial-discretion meritorious-claim procedural-dismissal |
1. Whether the United States Court of Appeal Seventh Circuit abused its discretion by improperly dismissing an In Forma Pauperis (I FP) action as friv… |
| 25-6494 |
River William Smith v. United States |
Eighth Circuit |
2026-01-06 |
Pending |
Response WaivedIFP |
conduct-dismissal criminal-procedure due-process judicial-discretion political-beliefs sentencing |
1) Whether a Defendant can be held accountable at sentencing for conduct that was dismissed?
2) Whether a Defendant's sentence can be enhanced becaus… |
| 25-6476 |
Demond Depree Bluntson v. Texas |
Texas |
2026-01-05 |
Pending |
IFP |
faretta-standard fourteenth-amendment judicial-discretion mental-illness self-representation sixth-amendment |
This case presents important issues concerning the Sixth Amendment right to represent oneself in a criminal proceeding and the fair administration of … |
| 25A761 |
Michael Jerome Newberry v. Texas |
Texas |
2026-01-02 |
Application |
|
brady-violation constitutional-review due-process judicial-discretion prosecutorial-misconduct state-habeas |
Question not identified. |
| 25-6406 |
Lawrence Joseph Florentine v. United States |
Fourth Circuit |
2025-12-18 |
Pending |
Response WaivedIFP |
appellate-review judicial-discretion legal-error sentencing-guidelines statutory-interpretation variance-sentence |
Does a district court's announcement that it would have imposed the same sentence as an "alternate variance sentence" insulate an erroneous legal ruli… |
| 25A703 |
Aila Curtis, et al. v. Bob Ferguson, Governor of Washington, et al. |
Ninth Circuit |
2025-12-17 |
Application |
|
certiorari judicial-discretion petition-filing procedural-relief supreme-court-rules time-extension |
Question not identified. |
| 25-6367 |
Luis Daniel Fuentes v. United States |
Eleventh Circuit |
2025-12-15 |
Denied |
Response WaivedIFP |
3553(a)-factors appellate-review criminal-procedure judicial-discretion mitigating-evidence sentencing |
Whether a sentencing court must address mitigating evidence and arguments offered by defense counsel regarding factors set forth in 18 U.S.C. § 3553(a… |
| 25-6341 |
Selvin Edgardo Molina-Guzman v. United States |
Fifth Circuit |
2025-12-11 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process judicial-discretion presentence-report sentencing |
If a federal criminal defendant fails to present rebuttal evidence, is the district court is free to adopt the Presentence Report's findings without f… |
| 25-657 |
Benzo Elias Rudnikas v. Florida, et al. |
Eleventh Circuit |
2025-12-05 |
Pending |
Response Waived |
appellate-review circuit-court judicial-discretion party-presentation procedural-rules supervisory-power |
Whether the decision issued by the Eleventh
Circuit on July 30, 2025, dismissing Petitioner 's
appeal, constituted such a substantial departure
fro… |
| 25-6286 |
Wilfredo Feliciano-Rodriguez v. United States |
First Circuit |
2025-12-04 |
Denied |
Response WaivedIFP |
appellate-procedure federal-statute habeas-corpus judicial-discretion statutory-interpretation time-limit |
Is the Appellate Court able to violate 28 U.S.C. §2244(b)(3)(D) arguing that this statute is not mandatory but a simple guideline?
It is incontrovert… |
| 25-6276 |
Hisan Lee v. United States |
Second Circuit |
2025-12-03 |
Denied |
Response WaivedIFP |
affidavit-evidence certificate-of-appealability constitutional-claims due-process federal-court-review judicial-discretion |
1. Due Process and False Evidence:
Whether due process is violated when a federal court relies ona demonstrably false affidavit from defense counsel, … |
| 25-6262 |
Stevie Wyre v. Texas, et al. |
Fifth Circuit |
2025-12-02 |
Pending |
IFP |
civil-procedure complaint-dismissal constitutional-rights due-process judicial-discretion procedural-rules |
Me fiouids Abused rU cVscoehoiJ in vlqjiesilQ€3 Comped, LxDheu Me decl we 4o etfeecise suppkwd jmzisiudwo o\fe£ ChJq $We to Qfl. defied of VbS I^wssd … |
| 25-6259 |
Sam Boyd v. United States |
Eighth Circuit |
2025-12-01 |
Denied |
Response WaivedIFP |
continuance criminal-procedure judicial-discretion speedy-trial-act statutory-interpretation trial-court-procedure |
When a trial court grants an "ends of justice" continuance pursuant to 18 U.S.C. § 3161(h)(7)(A), is it required to make specific factual findings bey… |
| 25A629 |
Rami Ghanem v. United States |
Ninth Circuit |
2025-12-01 |
Application |
|
appellate-procedure certiorari judicial-discretion petition-deadline supreme-court-rules time-extension |
Whether a criminal defendant may obtain a 30-day extension of time to file a petition for certiorari beyond the standard 90-day deadline after a feder… |
| 25-6209 |
Rick Negrette v. Phu V. Pham, et al. |
Ninth Circuit |
2025-11-24 |
Denied |
Response WaivedIFP |
11-usc-110 bankruptcy-court fine-imposition judicial-discretion pro-se-litigant public-assistance |
The following issues are to be respectfully presented before this right honorable court:
In addition to those listed below, two main issues arise bef… |
| 25-596 |
Clifford A. Lowe, et al. v. ShieldMark, Inc., et al. |
Federal Circuit |
2025-11-21 |
Denied |
Response Waived |
appellate-review civil-procedure judicial-discretion rule-60b sanctions-award subject-matter-jurisdiction |
(1) When a district court is presented with a motion for relief from judgment under Federal Rule of Civil Procedure 60(b), does it abuse its discretio… |
| 25-6180 |
David Craig Milam v. United States |
Fourth Circuit |
2025-11-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court guilty-plea judicial-discretion plea-withdrawal sentencing |
Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea. |
| 25-6148 |
Jehan Semper v. Scott Bessent, Secretary of the Treasury, et al. |
Tenth Circuit |
2025-11-18 |
Denied |
Response WaivedIFP |
civil-rights due-process equal-protection indigent-rights judicial-discretion pro-se |
Constitutional and Civil Rights
District Court
1. District Court FAILS to Consider Indigent Pro Se Plaintiffs Filings and Motions
Whatsoever. Is it … |
| 25-6150 |
Cristina M. Lancranjan v. Superior Court of California, San Diego County, et al. |
California |
2025-11-18 |
Denied |
IFP |
child-custody due-process educational-status-quo first-amendment fourteenth-amendment judicial-discretion |
1. Whether the Due Process Clause of the Fourteenth Amendment is violated when a
state court, without a full evidentiary hearing on the child's best … |
| 25-6131 |
Zeno E. Sims v. Chris Brewer, Warden |
Eighth Circuit |
2025-11-17 |
Denied |
Response WaivedIFP |
concurrent-sentencing federal-court judicial-discretion legal-precedent sentencing-procedure state-court |
Whether this Court should revisit Setser and affirmatively hold that once a federal court runs a future state court sentence concurrently to a defenda… |
| 25-6141 |
Mark Abercrombie v. United States |
Fifth Circuit |
2025-11-17 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure harmless-error judicial-discretion sentencing-guidelines |
Whether errors in calculating the Sentencing Guidelines are rendered categorically harmless by the district court's routine and boilerplate assertion … |
| 25-6143 |
Rodney James Dilworth v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-11-17 |
Denied |
IFP |
appellate-review certificate-of-appealability habeas-corpus judicial-discretion procedural-default standard-of-review |
WHETHER THE COURT OF APPEALS ERRED IN DENYING PETITIONER'S REQUEST FOR A CERTIFICATE OF APPEALABILITY. |
| 25A580 |
Tony Phillips v. United States |
Third Circuit |
2025-11-17 |
Application |
|
appellate-review criminal-trial due-process judicial-discretion life-imprisonment sentencing |
Whether a criminal defendant's right to a fair trial is violated when a district court imposes a life sentence following a re-trial without providing … |
| 25A560 |
Jane Doe v. United States District Court for the District of Connecticut |
Second Circuit |
2025-11-14 |
Application |
|
alternative-remedy appellate-review extraordinary-writ judicial-discretion mandamus pro-se |
Whether a pro se litigant can obtain mandamus relief when alternative legal remedies exist and the right to extraordinary relief is not clearly establ… |
| 25-6099 |
Christopher J. Rahaim v. Ken Burke, Individually and in His Official Capacity as Clerk of the Circuit Court for Pinellas County, Florida, et al. |
Eleventh Circuit |
2025-11-13 |
Denied |
IFP |
constitutional-rights due-process false-imprisonment judicial-discretion public-records rights-violations |
1. Should the established, freestanding public records rights be revisited for settling the
states conflicting, questionable lawful authority to frau… |
| 25A553 |
Shirley V. Remmert v. United States District Court for the Northern District of California, et al. |
Ninth Circuit |
2025-11-13 |
Application |
|
appellate-procedure district-court frivolous-appeal in-forma-pauperis judicial-discretion statutory-interpretation |
Whether a district court has the authority to dismiss an appeal as frivolous under 28 U.S.C. § 1915 without providing a detailed explanation of its re… |
| 25-564 |
Scott Meyer v. Gayla Rahn, et al. |
Eighth Circuit |
2025-11-12 |
Denied |
Response Waived |
constitutional-rights due-process judicial-discretion qualified-immunity second-amendment sovereign-immunity |
1. Whether the grant of the motion to dismiss was
an abuse of discretion, not based upon the undisputed
facts presented, and supported by only the e… |
| 25-6068 |
Eliezer Rosario-Ramos v. United States |
First Circuit |
2025-11-10 |
Denied |
Response WaivedIFP |
criminal-sentencing first-offender judicial-discretion reasonableness-review sentencing-guidelines upward-variance |
A. Whether first offender Rosario's 23-year prison sentence, that resulted from a 104.4% upward variance, is unreasonable because it was grounded on t… |
| 25-6056 |
Ruben Santoyo v. City of Chicago, Illinois, et al. |
Seventh Circuit |
2025-11-07 |
Denied |
Response WaivedIFP |
appellate-procedure due-process judicial-discretion jurisdiction pro-se-litigant sanctions |
1. Jurisdiction after appeal. Whether a district court may impose a punitive monetary sanction sua sponte after a notice of appeal has divested it of … |
| 25-6033 |
Willie Frank Nelson v. Tanya Demers, Acting Superintendent, Bare Hill Correctional Facility |
Second Circuit |
2025-11-05 |
Denied |
IFP |
appellate-review district-court judicial-discretion merits-review procedural-impediment statute-of-limitations |
A. The relief sought has common law analogue vi.
B. The All Writs Act empowers federal courts to issue writs "agreeable" to the usages and principles… |
| 25-6017 |
John Todd Williams v. Richard J. Sullivan, et al. |
Second Circuit |
2025-11-03 |
Denied |
IFP |
appellate-review constitutional-claims due-process equal-protection in-forma-pauperis judicial-discretion |
1. Whether the denial of in forma pauperis status to an indigent litigant raising substantial constitutional claims — including violations of the Four… |
| 25-5969 |
James Logan Diez v. Texas |
Texas |
2025-10-28 |
Denied |
Response WaivedIFP |
actual-innocence appellate-review cross-examination due-process judicial-discretion transcript-error |
1] Did the Texas Court of Criminal Appeals abuse its discretion when it refused Review after Petitioner discovered approx. 20-25 min. of Cross-Examina… |
| 25-5974 |
Terrance Douglas Baker v. United States |
Ninth Circuit |
2025-10-28 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process judicial-discretion rule-32 sentencing |
Does a district court violate Fed. R. Crim. P. 32(i)(C)(1) when it relies upon news stories or other information outside the record in determining a d… |
| 25-5978 |
Edgard Velasquez v. United States District Court for the Central District of California, Los Angeles |
Ninth Circuit |
2025-10-28 |
Denied |
Response WaivedIFP |
appellate-review federal-criminal-procedure fifth-amendment grand-jury-transcripts judicial-discretion supervisory-authority |
Does the district court's clearly erroneous denial of Petitioner's motion for grand jury transcripts pursuant Fed. R. Crim. P. 6 and the Fifth Amendme… |
| 25-5963 |
Cesar Edgardo Castillo-Rodriguez v. United States |
Fifth Circuit |
2025-10-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court judicial-discretion plain-error sentencing-guidelines |
Whether, after Holguin-Hernandez v. United States, 589 U.S. 169 (2020), a party may obtain appellate relief when the district court fails to reference… |
| 25-5934 |
David C. Kwok v. Zhong Qiu Li, et al. |
Ninth Circuit |
2025-10-22 |
Denied |
Response WaivedIFP |
appellate-review bankruptcy-law circuit-court de-novo-review judicial-discretion legal-procedure |
1. Whether the Court of Appeals for the Ninth Circuit fails to distinguish
between issues raised in the trial court and arguments there made, as this… |
| 25A461 |
Angela Kay Plese v. Ronald Austin, et al. |
Tennessee |
2025-10-22 |
Application |
|
appellate-procedure certiorari judicial-discretion petition-deadline supreme-court-rules time-extension |
Whether a state appellate court's procedural ruling can constitute grounds for an extraordinary extension of time to file a petition for writ of certi… |
| 25-5921 |
Frederick L. Brewer v. United States |
Seventh Circuit |
2025-10-21 |
Denied |
Response WaivedIFP |
acquittal criminal-sentencing double-jeopardy fifth-amendment judicial-discretion sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 25-483 |
Edward Jacob Lang, et al. v. Daniel Thau, et al. |
District of Columbia |
2025-10-20 |
Denied |
Response Waived |
civil-procedure due-process federal-rules incarceration-rights judicial-discretion service-of-process |
The U.S. Court of Appeals for the District of
Columbia—reciting its awareness that the Petitioners
/Plaintiffs were incarcerated and even some in soli… |
| 25-5914 |
Martins Inalegwu v. United States |
Third Circuit |
2025-10-20 |
Pending |
IFP |
appellate-review criminal-procedure harmless-error judicial-discretion sentencing-error variance |
Whether a district judge can render sentencing errors harmless by stating it would have imposed the same sentence regardless of any error, or by simpl… |
| 25-5917 |
Thomas Avery Drum v. United States |
Eighth Circuit |
2025-10-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-authority judicial-discretion new-trial-motion rule-33 weight-of-evidence |
When a criminal defendant files a timely motion for a new trial under Rule 33(b)(2), what is the scope of the district court's authority to grant a ne… |
| 25-473 |
Angela W. DeBose v. United States District Court for the Middle District of Florida |
Eleventh Circuit |
2025-10-17 |
Pending |
Response Waived |
civil-procedure court-jurisdiction default-judgment federal-rules judicial-discretion responsive-pleading |
1. Whether a federal district court's refusal to enter a clerk's
default and default judgment against a defendant who has
failed to file a responsiv… |
| 25-5812 |
Michael Barreto v. United States |
Second Circuit |
2025-10-07 |
Pending |
Response RequestedResponse WaivedRelisted (2)IFP |
competency-hearing criminal-procedure defendant-rights judicial-discretion mental-competency statutory-interpretation |
If a district court orders a competency examination under § 4241(b) based upon reasonable cause to question a defendant's competency, is it mandatory … |
| 25-5808 |
In Re David C. White |
|
2025-10-06 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-law constitutional-interpretation dam-removal judicial-discretion loper-bright pro-se-litigation |
1. Shall any hydroelectric dam be removed in the United States without express consent of Congress, when the simple, scientific solution is dam mainte… |
| 25-5776 |
Thomas Scott Perkins v. United States |
Fifth Circuit |
2025-10-01 |
Pending |
Response RequestedResponse WaivedRelisted (2)IFP |
comparative-analysis federal-sentencing judicial-discretion sentencing-commission sentencing-disparity statutory-interpretation |
Whether the detailed Judiciary Sentencing Information (JSIN) statistics compiled by the United States Sentencing Commission are relevant to considerin… |
| 25-352 |
Jasmine Younge v. Fulton Judicial Circuit District Attorney's Office, Georgia |
Eleventh Circuit |
2025-09-24 |
Pending |
Response Requested |
affirmative-defense civil-procedure federal-rules judicial-discretion pleading-rules summary-judgment |
Where a defendant has filed an answer without pleading an affirmative defense, may the defendant nonetheless assert that affirmative defense as the ba… |
| 25-355 |
James Dondero, et al. v. Stacey G. Jernigan, et al. |
Fifth Circuit |
2025-09-24 |
Rehearing |
Amici (3) |
appellate-deference bankruptcy-proceedings judicial-discretion judicial-recusal mandamus-review standard-of-review |
1. Should a judge's order declining to recuse be reviewed de novo or for abuse of discretion?
2. When a litigant seeks review of a decision not to re… |
| 25-5714 |
Abass Yaya Bamba v. United States District Court for the District of Colorado |
Tenth Circuit |
2025-09-24 |
Denied |
IFP |
access-to-courts civil-rights due-process equal-protection in-forma-pauperis judicial-discretion |
1. Whether a federal court may constitutionally dismiss a civil rights complaint solely for inability to pay filing fees, in violation of 28 U.S.C. § … |
| 25-346 |
Geoffrey M. Young v. Morgan McGarvey |
Kentucky |
2025-09-23 |
Denied |
Response Waived |
civil-procedure federal-jurisdiction judicial-discretion motion-to-dismiss pleading-standards state-court-review |
1. Should this Court allow Kentucky's state courts and federal district courts to dismiss meritorious civil complaints before discovery "for failure t… |
| 25-5694 |
Eric Brenes-Colon v. United States |
Eleventh Circuit |
2025-09-22 |
Denied |
Response WaivedIFP |
appellate-review clearly-erroneous findings-of-fact judicial-discretion record-support standard-of-review |
Whether a district court's findings of fact must be reversed when they are unsupported by the record? |
| 25-5689 |
Kenneth Eugene Gage v. California |
Ninth Circuit |
2025-09-19 |
Denied |
IFP |
conviction-status criminal-detention due-process habeas-corpus judicial-discretion procedural-remedy |
1. Where throughout Our Nation ALL criminal defendants are
routinely released, liberty restored, should the felony trial
judge, in exercise of his or… |
| 25-5665 |
Ali Awad Mahmoud Irsan v. Texas |
Texas |
2025-09-17 |
Denied |
Amici (1)IFP |
constitutional-rights equal-protection judicial-discretion jury-selection race-discrimination voir-dire |
1. Does the knowing judicial enforcement of defense counsel's explicitly race-based agreement to exclude a Black woman from the venire violate the Equ… |
| 25A307 |
Rahul Chaturvedi v. Siddharth Siddharth |
Massachusetts |
2025-09-17 |
Presumed Complete |
|
court-rules judicial-discretion procedural-deadline supreme-court time-extension writ-of-certiorari |
Whether the Supreme Court will grant an extension of time to file a petition for writ of certiorari beyond the standard deadline |
| 25-287 |
Gerardo Gonzalez-Valencia v. United States |
District of Columbia |
2025-09-11 |
Denied |
Response Waived |
appellate-review interests-of-justice judicial-discretion remand-standards section-2106 statutory-interpretation |
Under 28 U.S.C. § 2106, Congress granted this Court and the courts of appeals broad authority to act in the interests of justice. The issue here is wh… |
| 25-5611 |
Daquan Carey v. United States |
Eleventh Circuit |
2025-09-11 |
Denied |
Response WaivedIFP |
article-iii constitutional-interpretation district-court judicial-discretion sentencing-authority sentencing-requests |
Whether a district court's sentencing authority is constrained by the parties' sentencing requests under Article III, Section 2, of the United States … |
| 25-5598 |
Mary Martha McComas v. United States District Court for the District of Oregon |
Ninth Circuit |
2025-09-10 |
Denied |
IFP |
amendment civil-procedure district-court judicial-discretion pleadings pro-se |
Whether when denying a pro se litigant leave to amend the complaint, a district court must provide a reason for that denial (as held by the Third, Sev… |
| 25-5586 |
David Priest v. Bentley, et al. |
Ninth Circuit |
2025-09-09 |
Denied |
Response WaivedIFP |
discovery-ruling district-court inmate-rights judicial-discretion legal-standard pro-se-litigation |
ARE PRO SE INMATE LITIGANTS HELD TO THE SAME LEGAL STANDARD THAT A LAWYER IS HELD?
WAS THE PLAINTIFF GIVEN PROPER NOTICE OF HIS NEED TO RAISE HIS ISS… |
| 25-263 |
Cheri Poe v. Northwestern Mutual Life Insurance Company |
Ninth Circuit |
2025-09-08 |
Denied |
Response Waived |
circuit-split erie-doctrine federalism-interests judicial-discretion state-law-certification supplemental-jurisdiction |
1. When a federal court considers whether to certify a state law issue to a state high court, what factors, including federalism interests, bear on th… |
| 25-5551 |
Ronald Buzzard, Jr. v. Jack Warner, Superintendent, Monroe Correctional Complex |
Ninth Circuit |
2025-09-04 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability due-process judicial-discretion ninth-circuit procedural-exhaustion |
1. Did the Ninth Circuit err and abuse their discretion in failing to grant a Certificate of Appealability (CoA) based on the fact that the Washington… |
| 25-5553 |
Adrian Goudelock v. United States |
Second Circuit |
2025-09-04 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
appellate-procedure court-of-appeals due-process judicial-discretion legal-argumentation procedural-fairness |
Where the right to appeal a trial court judgment is provided by statute, "that appeal must accord with due process." Simmons v. Reynolds, 898 F.2d 865… |
| 25-5526 |
Fouzia Lakhloufi v. Mohammad Ali Nimber Abuzanet |
Oregon |
2025-09-03 |
Denied |
IFP |
appellate-review covid-19-impact default-judgment dissolution-of-marriage due-process judicial-discretion |
1) Did the Oregon Court of Appeals abuse its discretion by not reversing and remanding to the trial court after it found a plain error in this dissolu… |
| 25-5537 |
Benito M. Valdez v. United States |
District of Columbia |
2025-09-03 |
Denied |
IFP |
constitutional-rights courtroom-access judicial-discretion public-trial sixth-amendment trial-procedure |
Is the Sixth Amendment right to a "public trial" violated where the trial court—for the stated purpose of keeping the proceedings private rather than … |
| 25-230 |
Carina Conerly, et al. v. Sharif R. Tarpin, et al. |
Ninth Circuit |
2025-08-27 |
Denied |
|
child-custody constitutional-procedure first-amendment judicial-discretion school-access videotaping-rights |
1. WHETHER, Petitioner should consider a State Judges laws Constitutionally Powerful, when the Justice System Court Judges ban, by court order, Petiti… |
| 25-5446 |
Javier Perez v. United States |
Ninth Circuit |
2025-08-22 |
Denied |
Response WaivedIFP |
bodily-injury criminal-procedure enhancement-standard judicial-discretion legal-interpretation sentencing-guidelines |
Should application of the four-level sentencing enhancement for "permanent or life-threatening bodily injury" under U.S.S.G. § 2A2.1(b)(1)(A) require … |
| 25-5405 |
Lamont Coleman v. United States |
Seventh Circuit |
2025-08-19 |
Denied |
Amici (1)Response WaivedIFP |
criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 25-5408 |
Julio Aviles, Sr. v. United States |
Third Circuit |
2025-08-19 |
Denied |
Response WaivedIFP |
court-review judicial-discretion legal-error miscarriage-of-justice procedural-standard statutory-interpretation |
aC Uxe ^resevAeX evidences?.V^beAker V>oV^5 0.ouvAk ciV>u£>e \Vs AisereVinn bnseA _As_
Vultvxo^ on on erroneous \/ieuJ oQ \o.ui AmaunA - in~CohArov££S… |
| 25-5373 |
In Re Markus Odon McCormick |
|
2025-08-15 |
Denied |
Response WaivedIFP |
case-dismissal court-ruling judicial-discretion legal-procedure motion-reconsideration pro-se |
Question not identified. |
| 25-5381 |
Shameika Johnson v. United States |
Fifth Circuit |
2025-08-15 |
Denied |
Response WaivedIFP |
amendment-821 criminal-law judicial-discretion retroactive-application sentence-reduction sentencing-guidelines |
Whether the lower courts erred by refusing to grant Ms. Johnson a sentence reduction under retroactively applicable Amendment 821 – Part A to the Unit… |
| 25-5383 |
Oscar Barrios v. United States |
Fifth Circuit |
2025-08-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review constitutional-violation criminal-procedure double-jeopardy judicial-discretion plain-error |
Whether the absence of a binding, on-point decision of either this Court, or of the reviewing court of appeals, is enough to preclude the potential fo… |
| 25-5369 |
C. Holmes v. Terrance C. Cole, Administrator, Drug Enforcement Administration |
Fourth Circuit |
2025-08-14 |
Dismissed |
Response WaivedRelisted (2)IFP |
civil-rights due-process judicial-discretion local-civil-rule magistrate-review procedural-error |
1. Despite appellant's timely request, the lower appellate court failed to consider change in the law which occurred after submission of the case requ… |
| 25-5342 |
Raymond Arthur Verrill v. United States |
Fifth Circuit |
2025-08-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-discretion plain-error sentencing-guidelines sentencing-standard |
Some sentencing judges routinely assert that they would have selected the exact same sentence regardless of any error in applying the Sentencing Guide… |
| 25-5283 |
Deandre Blackman v. United States |
Sixth Circuit |
2025-08-05 |
Denied |
Response WaivedIFP |
criminal-procedure judicial-discretion revocation-hearing sentencing-factors statutory-interpretation supervised-release |
Whether courts may rely on the 18 U.S.C. § 3553(a)(2)(A) factors when determining the length and conditions of additional supervision following a supe… |
| 25-5256 |
Leroy A. Garrett v. PDV Holding |
Third Circuit |
2025-08-01 |
Denied |
Relisted (2)IFP |
appellate-review court-procedure equal-protection judicial-discretion legal-technicalities procedural-fairness |
Where United States Court of Appeals for the Third Circuit way to manage the proceedings filed by Petitioner, according to Conley v. Gibson ; omitted … |
| 25-5159 |
Laron Gregory v. Ohio |
Ohio |
2025-07-21 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights due-process judicial-discretion jury-verdict motion-review |
Whether the Ohio Court of Appeals for the Sixth Appellate District's denial of Petitioner's "Motion to Review Judgment Regarding Defective Jury Verdic… |
| 25-5111 |
Omar Agor, Jr. v. United States |
Ninth Circuit |
2025-07-15 |
Denied |
Response WaivedIFP |
constitutional-rights courtroom-closure judicial-discretion procedural-interpretation public-trial sixth-amendment |
Is there an exception to the Sixth Amendment's right to a public trial for a closure of the courtroom during a criminal trial that the district and ci… |
| 25-5112 |
Brian Lee Corbett v. United States |
Fourth Circuit |
2025-07-15 |
Denied |
Response WaivedIFP |
criminal-procedure district-court judicial-discretion rule-35 sentencing supervised-release |
In this case, the district court held a hearing at which it revoked Corbett's term of supervised release and imposed a term of imprisonment as a resul… |
| 25-5061 |
Ronald Johnson v. Kansas |
Kansas |
2025-07-09 |
Denied |
IFP |
constitutional-law due-process judicial-discretion mitigating-evidence prisoner-rights sentencing |
Question not identified. |
| 24-7520 |
Salvador Nolasco Romero v. United States |
Tenth Circuit |
2025-06-27 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure district-court guilty-plea judicial-discretion legal-error |
Does the district court commit legal error in rejecting a guilty plea based on a legally inadequate defense, or can the district court reject it in an… |
| 24-7503 |
Bradley J. Harris v. United States |
Fifth Circuit |
2025-06-26 |
Denied |
Response WaivedIFP |
5th-circuit amendment-821 judicial-discretion procedural-error sentence-reduction sentencing-guidelines |
Whether the Fifth Circuit erred in affirming the district court's denial of a sentence reduction under Amendment 821 despite procedural errors and all… |
| 24-7508 |
Curtis Dwayne Medrano v. United States |
Fifth Circuit |
2025-06-26 |
Denied |
Relisted (6)IFP |
appellate-review felony-conviction firearms-possession judicial-discretion second-amendment sentencing-guidelines |
Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment as applied to a defendant with prior felony convictions, and whether appellate courts … |
| 24-7517 |
Samuel Lee Smith, Jr. v. City of Miami, Florida, et al. |
Eleventh Circuit |
2025-06-26 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-violation due-process equal-protection judicial-discretion section-1983 |
Whether the 11th Circuit and Southern District of Florida erred in dismissing Petitioner's complaint against the City of Miami and violating Petitione… |
| 24-7518 |
Samuel Lee Smith, Jr. v. Natasha Katherina Smith |
Florida |
2025-06-26 |
Dismissed |
IFP |
appellate-review best-interest-standard child-custody judicial-discretion motion-denial timesharing |
Whether the trial court's denial of unsupervised timesharing was improper due to lack of specific findings of fact or conclusions of law |
| 24A1280 |
Serafim Georgios Katergaris v. City of New York, New York |
Second Circuit |
2025-06-25 |
Presumed Complete |
|
appellate-procedure certiorari court-of-appeals judicial-discretion supreme-court-rules time-extension |
Whether the lower appellate court's ruling improperly interpreted or applied the legal standard for granting an extension of time to file a petition f… |
| 24-7439 |
In Re Terron Dizzley |
|
2025-06-17 |
Denied |
Relisted (2)IFP |
burden-of-proof criminal-trial double-jeopardy fifth-amendment judicial-discretion trial-court-jurisdiction |
Did the trial court exceed its jurisdiction in violation of the Fifth Amendment's Double Jeopardy Clause by trying Mr. Dizzley a second time for the c… |
| 24-1265 |
Glenn E. Diaz v. United States |
Fifth Circuit |
2025-06-12 |
Denied |
Response Waived |
criminal-procedure cross-examination judicial-discretion sentencing-guidelines supreme-court-precedent witness-bias |
Whether a district court can completely bar defense counsel from cross-examining a key government witness on an issue probative of bias and motive, an… |
| 24-7406 |
Doug Kisaka v. University of Southern California |
Ninth Circuit |
2025-06-12 |
Denied |
IFP |
civil-rights claim-preclusion due-process federal-court-interpretation judicial-discretion res-judicata |
Can a district court judge rely on a state court's intermediate interpretation of a federal court dismissal to the disregard of the federal court's ow… |
| 24-7409 |
Pablo Jacobo Felix-Samaniego v. United States |
Fifth Circuit |
2025-06-12 |
Denied |
Response WaivedIFP |
appellate-review criminal-sentencing judicial-discretion presumption-of-reasonableness sentencing-commission sentencing-guidelines |
Should the court of appeals indulge a presumption of reasonableness for a sentence where the Sentencing Commission has subsequently amended the releva… |
| 24A1205 |
Leonard W. Hoffmann, et al. v. WBI Energy Transmission, Inc. |
Eighth Circuit |
2025-06-06 |
Presumed Complete |
|
appellate-review attorney-fees district-court eighth-circuit judicial-discretion legal-standard |
Whether a federal appellate court may vacate a district court's award of attorney's fees without providing a substantive legal rationale |
| 24-7355 |
Curtis Dewayne Miller v. United States |
Sixth Circuit |
2025-06-04 |
Denied |
Response WaivedIFP |
bashara-factors circuit-split counsel-pressure guilty-plea judicial-discretion pre-sentencing-motion |
Should a district court grant a pre-sentencing motion to withdraw a guilty plea if that plea was made after an initial trial that ended with a hung ju… |
| 24-1222 |
Courtney Richmond v. Nolan Wiese, et al. |
Eighth Circuit |
2025-05-30 |
Denied |
Response Waived |
claim-adjudication copyright-law federal-jurisdiction judicial-discretion product-liability tort-claims |
Whether federal courts may decline to adjudicate federal tort and product liability claims, and whether a federal court may dismiss copyright claims w… |
| 24-7316 |
Miguel Yepson-Cortez v. United States |
Fifth Circuit |
2025-05-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-discretion sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 24-7296 |
Karen Hylton v. United States |
District of Columbia |
2025-05-28 |
Denied |
Response WaivedIFP |
constitutional-challenge judicial-discretion legal-error pro-se-plaintiff sentencing-appeal victim-rights |
Whether a victim who is a plaintiff has the right to appeal a defendant's sentencing if they believe the trial court made a legal mistake or abused it… |
| 24-7292 |
Germaine Ramsey v. United States |
Second Circuit |
2025-05-27 |
Denied |
IFP |
appellate-review certiorari grant-vacate-remand judicial-discretion supreme-court-procedure thompson-case |
Whether the Court should grant, vacate, and remand (GVR) in light of Thompson v. United States |
| 24-7256 |
John Douglas v. Wexford Health Sources, Inc., et al. |
Seventh Circuit |
2025-05-21 |
Denied |
Response WaivedIFP |
civil-rights discovery-sanction federal-procedure judicial-discretion pro-se section-1983 |
Whether a dismissal of a meritorious and complex de-consolidated Federal Section 1983 lawsuit is appropriate as a discovery sanction when delayed comp… |
| 24-1181 |
Matthew T. McLeay v. Coke Morgan Stewart, Acting Under Secretary of Commerce for Intellectual Property and Acting Director, United States Patent and Trademark Office |
Federal Circuit |
2025-05-19 |
Denied |
Response Waived |
appellate-review argument-revival federal-circuit judicial-discretion legal-precedent waiver |
Whether a court can revive a waived argument previously abandoned by the government |
| 24-7230 |
Armani Davis-Malone v. United States |
Sixth Circuit |
2025-05-16 |
Denied |
Response WaivedIFP |
defendant-rehabilitation district-court judicial-discretion reversible-error sentence-reduction stipulation |
Whether a district court commits reversible error by denying a stipulated sentence reduction without acknowledging the stipulation or and evidence of … |
| 24-7208 |
Cornell Slater v. United States |
Fourth Circuit |
2025-05-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review constitutional-interpretation judicial-discretion procedural-error sentencing-guidelines standard-of-review |
Whether the Court of Appeals improperly allowed district courts to nullify sentencing guidelines through inoculating statements that latent errors wou… |
| 24A1083 |
Thomas J. Zajac v. United States |
Seventh Circuit |
2025-05-08 |
Presumed Complete |
|
70-day-period judicial-discretion mistrial speedy-trial-act time-exclusion trial-delay |
Whether the Speedy Trial Act permits a district court to exclude time from the 70-day trial calculation without making explicit on-the-record findings… |
| 24-1135 |
Sara González Flavell v. Jim Young Kim, et al. |
District of Columbia |
2025-05-05 |
Denied |
Response Waived |
constitutional-rights due-process functional-immunity international-law judicial-discretion subject-matter-jurisdiction |
Whether the District of Columbia Court of Appeals erred in determining subject-matter jurisdiction and creating a new absolute immunity for IBRD offic… |
| 24-7126 |
David C. Lettieri v. United States District Court for the Northern District of New York |
Second Circuit |
2025-05-02 |
Dismissed |
IFP |
access-to-courts complaint-filing constitutional-provisions court-power government-redress judicial-discretion |
Does a court have the power to prevent filing complaints to redress the government? |
| 24-7109 |
Justin Miles Ness v. United States |
Tenth Circuit |
2025-05-01 |
Denied |
Response WaivedIFP |
criminal-procedure evidence-standard judicial-discretion jury-instruction plain-error temporal-scope |
Whether a district court's response of 'You have all the evidence you need to render your verdict' constitutes a plainly improper jury instruction whe… |
| 24-1123 |
Rahim Caldwell v. City of Providence, Rhode Island, et al. |
First Circuit |
2025-04-30 |
Denied |
|
constitutional-rights court-procedure due-process emergency-certification judicial-discretion pro-se-litigant |
When the litigants are prose, should inferior courts be required to specify deficiencies to be corrected when a prose litigant is subjected to emergen… |
| 24-7088 |
Sam Autry Fletcher v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-29 |
Denied |
Relisted (2)IFP |
constitutional-claims evidence-standard federal-courts habeas-corpus judicial-discretion statutory-interpretation |
Does Title 28 U.S.C. §2254(e)(1) provide federal courts discretion to disregard clear and convincing evidence submitted by a state habeas petitioner t… |
| 24-7050 |
Juan Carlos Sotelo v. United States |
Ninth Circuit |
2025-04-22 |
Denied |
Response WaivedIFP |
due-process judicial-discretion juror-dismissal jury-selection legal-standard trial-procedure |
Whether the standard for dismissing a juror based on views on the merits of the case is a 'demonstrable reality', 'any possibility', 'any reasonable p… |
| 24-7057 |
Earl B. Penn v. United States |
Eighth Circuit |
2025-04-22 |
Denied |
IFP |
armed-career-criminal-act constitutional-challenge criminal-law judicial-discretion sentencing statutory-interpretation |
Is the ACCA unconstitutional because neither the judge nor the jury may make the occasions clause finding essential to every ACCA sentence? |
| 24-7048 |
Ganiyu Ayinla Jaiyeola v. United States District Court for the Western District of Michigan |
Sixth Circuit |
2025-04-22 |
Denied |
Response WaivedIFP |
constitutional-rights due-process equal-protection first-amendment judicial-discretion pro-se |
Whether the U.S. District Court abused its discretion by rejecting a pro se Petitioner's motions and denying constitutional rights |
| 24-1080 |
Suzanne Gifford, as Special Administrator of the Estate of Michael Gifford v. Operating Engineers 139 Health Benefit Fund |
Seventh Circuit |
2025-04-16 |
Denied |
|
administrative-law civil-procedure discovery-limitations erisa fiduciary-duty judicial-discretion |
Whether courts may effectively preclude ERISA plaintiffs from engaging in any discovery and whether plan administrators' fiduciary obligations require… |
| 24-6925 |
Arthur J. Burton v. Melody Johnson, et al. |
Sixth Circuit |
2025-04-03 |
Denied |
IFP |
district-court judicial-discretion motion-procedure prisoner-rights pro-se reconsideration |
Whether a District Judge must rule on a pro se prisoner's motion for reconsideration when filed timely after receipt of judgment |
| 24-6915 |
George Valentino Sloan v. Washington |
Washington |
2025-04-02 |
Denied |
IFP |
constitutional-rights continuance due-process judicial-discretion speedy-trial trial-court |
Did the Trial Court violate the Petitioner's Constitutional right to a speedy trial by denying continuance motions over ten months before trial? |
| 24-6918 |
John Berman v. David Modell, et al. |
Maryland |
2025-04-02 |
Denied |
IFP |
court-corruption due-process judicial-discretion judicial-misconduct legal-ethics procedural-fairness |
Does a judge's deeming 'moot' a respondent's request for a filing extension constitute a pre-judgment on the still-open opportunity for reconsideratio… |
| 24A937 |
J.A. Masters Investments, et al. v. Eduardo Beltramini |
Fifth Circuit |
2025-03-28 |
Presumed Complete |
|
appellate-procedure certiorari fifth-circuit judicial-discretion supreme-court-rules time-extension |
Whether the Supreme Court should grant an extension of time to file a petition for writ of certiorari beyond the standard deadline |
| 24-6838 |
Cortez Bennett v. Johnny Fitz, Warden |
Sixth Circuit |
2025-03-25 |
Denied |
Response WaivedIFP |
civil-procedure equitable-tolling judicial-discretion legal-remedy statute-of-limitations time-bar |
Whether the petitioner is entitled to equitable tolling of one year statute of limitations? |
| 24-1008 |
Justicia Rizzo v. Douglas A. Collins, Secretary of Veterans Affairs |
Sixth Circuit |
2025-03-20 |
Denied |
|
civil-procedure court-jurisdiction default-judgment federal-rules judicial-discretion service-of-process |
Whether the Petitioner is entitled to Default Judgment and whether the Eastern District Court abused its discretion in multiple procedural rulings |
| 24-986 |
Mendocino Railway, a California Corporation v. Kate Huckelbridge, Executive Director, California Coastal Commission, et al. |
Ninth Circuit |
2025-03-14 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
abstention-doctrine circuit-conflict federal-jurisdiction judicial-discretion preemption-claims state-court-action |
Whether the Court should abrogate or clarify the Colorado River abstention doctrine |
| 24-6696 |
James R. Turner, III v. Edward Rapp |
Second Circuit |
2025-03-04 |
Denied |
IFP |
appellate-procedure constitutional-protections due-process in-forma-pauperis judicial-discretion recusal |
Whether the Court of Appeals erred in denying in forma pauperis status and dismissing an appeal without proper constitutional consideration |
| 24-6648 |
James A. Wolfe v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2025-02-26 |
Denied |
IFP |
civil-procedure court-jurisdiction default-judgment federal-rules judicial-discretion legal-error |
Whether the District Court improperly exercised discretion in denying default judgment under federal civil procedure rules |
| 24-6657 |
Leopoldo Villareal v. United States |
Fifth Circuit |
2025-02-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-sentencing harmless-error judicial-discretion procedural-error sentencing-guidelines |
Whether an appellate court should rely on a sentencing judge's routine assertions that they would have imposed the same sentence despite a Sentencing … |
| 24-6632 |
Samuel Lee Smith, Jr. v. Andrea Lippman Loelo, et al. |
Eleventh Circuit |
2025-02-25 |
Denied |
IFP |
amendment-opportunity constitutional-rights court-dismissal due-process judicial-discretion procedural-fairness |
Whether the lower court denied the Petitioner's due process rights by dismissing the case without notice or opportunity to be heard and without allowi… |
| 24-918 |
Exclusive Group Holdings, Inc. v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania |
Eleventh Circuit |
2025-02-25 |
Denied |
Response Waived |
attorneys-fees civil-litigation court-procedure federal-removal judicial-discretion statutory-interpretation |
Whether district courts are required to expressly determine 'unusual circumstances' when adjudicating motions for attorneys' fees and costs under 28 U… |
| 24-6621 |
Curtis Brown v. United States |
Eleventh Circuit |
2025-02-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-procedure fifth-amendment judicial-discretion sentencing-conditions supervised-release |
Whether a district court must orally pronounce all discretionary standard conditions of supervised release and make an individualized assessment under… |
| 24-869 |
Randall P. Ewing, Jr., et ux. v. Erik Carrier, et al. |
Seventh Circuit |
2025-02-13 |
Denied |
|
appellate-review civil-procedure claim-preclusion district-court judicial-discretion motion-to-amend |
Whether a court should dismiss a plaintiff's claim based on an unsuccessful motion to amend in a prior lawsuit when claim preclusion does not require … |
| 24-6524 |
Robert Annabel, II v. Heidi E. Washington, Director, Michigan Department of Corrections, et al. |
Sixth Circuit |
2025-02-10 |
Denied |
Response WaivedIFP |
civil-procedure complaint-sufficiency dismissal judicial-discretion pleading-amendment pro-se |
Does a district court have discretion to allow a pro se plaintiff an opportunity to amend a complaint or dismiss it without prejudice when the complai… |
| 24-6526 |
Samreen Farid Riaz v. Superior Court of California, Tulare County, et al. |
California |
2025-02-10 |
Dismissed |
Relisted (2)IFP |
administrative-law administrative-procedure constitutional-rights dental-board due-process judicial-discretion |
Did the Supreme Court of California abuse discretion and show bias in denying multiple petitions related to a dental board administrative proceeding i… |
| 24-6485 |
David C. Lettieri v. Wyoming County Sheriffs |
Second Circuit |
2025-02-05 |
Denied |
IFP |
appellate-review case-review court-procedure in-forma-pauperis judicial-discretion procedural-rights |
Does an appeal court have the ability to ignore facts, does a judge have the right to revoke in forma pauperis without notice, and does revoking in fo… |
| 24-839 |
Roman Storm v. United States District Court for the Southern District of New York |
Second Circuit |
2025-02-05 |
Denied |
Response Waived |
criminal-procedure district-court federal-rules inherent-power judicial-discretion mandamus |
Whether a district court may rely on its inherent power to contravene an express provision of Federal Rule of Criminal Procedure Rule 16, and whether … |
| 24-6418 |
Patrick L. Booker v. South Carolina |
South Carolina |
2025-01-30 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-authority contempt-of-court due-process hearing-rights judicial-discretion |
Question not identified. |
| 24-6431 |
Norman Seneka Bowers v. United States |
Fourth Circuit |
2025-01-30 |
Denied |
Response WaivedIFP |
direct-appeal judicial-discretion jurisdictional-delay retroactive-application sentencing-guidelines supervised-release |
Whether Amendment 821 to the United States Sentencing Guidelines should be applied retroactively on direct appeal and whether a district court may rea… |
| 24-6409 |
Eric Jamar Goodall v. United States |
Ninth Circuit |
2025-01-28 |
Denied |
Response WaivedIFP |
circuit-split compassionate-release extraordinary-reasons judicial-discretion medical-conditions sentencing-relief |
Did the lower courts err in not requiring or at minimum presuming consideration of 'extraordinary and compelling reasons' prior to denying Eric Jamar … |
| 24-6366 |
Steven Douglas Freno, Jr. v. United States |
Eighth Circuit |
2025-01-23 |
Denied |
Response WaivedIFP |
3553a-analysis appellate-review booker-standard gall-factors judicial-discretion sentencing-guidelines |
Whether appellate courts can dispense with analyzing guideline issues when a district court would have reached the same result by varying under Booker… |
| 24-6367 |
Nyah Sekel v. United States District Court for the Eastern District of Virginia |
Fourth Circuit |
2025-01-23 |
Denied |
Relisted (2)IFP |
certificate-of-service civil-procedure ethical-violations judicial-discretion procedural-default service-of-process |
Is the defense still in default because they failed to physically serve the Plaintiff in compliance with the Rules of Civil Procedure? |
| 24A722 |
Steve Van Horne v. Harriett L. Haag, Judge, County Court at Law No. 2, Taylor County, et al. |
Fifth Circuit |
2025-01-23 |
Presumed Complete |
|
court-procedure first-amendment judicial-discretion jurisdiction-challenge religious-freedom religious-practice |
Whether a district court violates the Religious Freedom Restoration Act by substantially burdening a person's religious exercise through court procedu… |
| 24-764 |
Harris Brumfield, Trustee for Ascent Trust v. IBG LLC, et al. |
Federal Circuit |
2025-01-17 |
Denied |
Amici (2)Relisted (2) |
civil-procedure diligence-requirement fraud-motion judgment-relief judicial-discretion rule-60b3 |
Whether the lower courts abused their discretion by denying the meritorious Rule 60(b)(3) motion, and whether Rule 60(b)(3) requires a showing that a … |
| 24-6321 |
Celeste Ryan v. Jeff Timmerman, et al. |
Washington |
2025-01-16 |
Denied |
IFP |
constitutional-rights due-process equal-protection first-amendment judicial-discretion sixth-amendment |
Does the exercise of judicial discretion violate constitutional guarantees such as due process, equal protection, impartiality, and the right to a jur… |
| 24-6273 |
Darren R. Reiner v. Wisconsin |
Wisconsin |
2025-01-13 |
Denied |
Response WaivedRelisted (2)IFP |
brady-violation criminal-procedure due-process evidence-withholding judicial-discretion probable-cause |
Whether a Wisconsin Circuit Court Judge abused judicial discretion by preventing defense counsel from alleging potential evidence withholding and whet… |
| 24-6274 |
Samreen Riaz v. Altura Centers for Health |
California |
2025-01-13 |
Denied |
Response WaivedIFP |
amendment-violation court-bias judicial-discretion motion-in-limine procedural-error witness-intimidation |
Whether the California Supreme Court and lower courts committed procedural errors and showed bias in multiple stages of a legal proceeding involving m… |
| 24-6276 |
Robert Anthony Zaccaro v. Florida |
Florida |
2025-01-13 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights judicial-discretion jury-determination sentencing-enhancement sentencing-facts |
Whether there are any exceptions to a Defendant's right to a jury determination of any fact which raises his minimum or maximum sentence? |
| 24-6289 |
Marilyn Tillman-Conerly v. Office of Personnel Management, et al. |
Ninth Circuit |
2025-01-13 |
Denied |
Response WaivedIFP |
alternative-service covid-19-pandemic judicial-discretion knick-v-township ninth-circuit service-of-process |
Whether the Ninth Circuit erred in applying Knick v. Township of Scott and abused its discretion in finding that alternative service during the COVID-… |
| 24A686 |
Ruel M. Hamilton v. United States |
Fifth Circuit |
2025-01-13 |
Presumed Complete |
|
appellate-procedure certiorari extension-of-time fifth-circuit judicial-discretion supreme-court |
Whether the Fifth Circuit correctly applied the standard for granting or denying a motion for extension of time to file a petition for certiorari |
| 24-6241 |
Justin Michael Buehler v. United States |
Eighth Circuit |
2025-01-08 |
Denied |
Response WaivedIFP |
criminal-procedure cross-examination evidence-limitation informant-testimony judicial-discretion witness-credibility |
Did the District Court abuse its discretion by limiting the defendant's cross-examination of the key witness and informant's criminal history? |
| 24-663 |
Joseph Rued v. Catrina Rued |
Minnesota |
2024-12-19 |
Denied |
|
child-welfare constitutional-rights custody-rights due-process judicial-discretion state-action |
Do state courts have discretion to take state action to willfully sustain deprivations of protected rights in violation of requirements under U.S. Con… |
| 24-667 |
Belinda Parker Brown v. Louisiana |
Louisiana |
2024-12-19 |
Denied |
Response Waived |
attorney-communication contempt-power court-procedure first-amendment free-speech judicial-discretion |
Whether a court's exercise of contempt powers for verbal interactions with attorneys during recess violates an individual's First Amendment rights |
| 24-6161 |
Leonard Hatten, Jr. v. United States |
Eighth Circuit |
2024-12-18 |
Denied |
Response WaivedIFP |
co-defendant-comparison criminal-sentencing federal-sentencing-guidelines judicial-discretion reasonableness-review sentencing-disparity |
Was the sentence of the Defendant unreasonable due to unwarranted sentencing disparities among co-defendants? |
| 24-6156 |
Cenious Brewster v. United States |
Ninth Circuit |
2024-12-17 |
Denied |
Response WaivedIFP |
criminal-appeal judicial-discretion ninth-circuit presumption-of-reasonableness sentencing-commission sentencing-guidelines |
Whether the Ninth Circuit erred in creating a 'presumption of reasonableness' for Judiciary Sentencing Information (JSIN) data from the United States … |
| 24-6162 |
Gregory A. Tolliver v. Ashley Moody, Attorney General of Florida, et al. |
Eleventh Circuit |
2024-12-17 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability circuit-court federal-rules-of-appellate-procedure judicial-discretion procedural-motion |
Whether a single circuit court judge may deny a motion for certificate of appealability under Fed. R. App. P. 27 (c)? |
| 24-6130 |
Eugene Johnson v. United States |
Fourth Circuit |
2024-12-12 |
Denied |
Response WaivedIFP |
compassionate-release due-process judicial-discretion sentencing-modification statutory-interpretation trial-defects |
Whether a district court judge may consider due process violations, defects in the trial, and conflicts of interest from the underlying trial when dec… |
| 24-636 |
Jessie J. Barnes v. Donald Uhler, Superintendent, Upstate Correctional Facility, et al. |
Second Circuit |
2024-12-11 |
Denied |
Response Waived |
civil-rights due-process fifth-amendment judicial-discretion jury-trial physical-restraints |
Whether the Deck test allows a trial judge to require a litigant to wear physical restraints during a jury trial without stating specific case-related… |
| 24-6113 |
Laura Hammett v. Portfolio Recovery Associates, LLC, et al. |
Eighth Circuit |
2024-12-10 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-procedure clearly-erroneous due-process judicial-discretion summary-affirmance |
Whether the Eighth Circuit violated due process by affirming district court orders without addressing clearly erroneous findings and apparent legal er… |
| 24-6074 |
Corey Rogers v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2024-12-05 |
Denied |
Response WaivedRelisted (2)IFP |
due-process fundamental-error grand-jury-indictment judicial-discretion per-curiam-decision unlawful-detention |
Did the Supreme Court of Florida abuse its discretion by issuing a per curiam decision without reviewing the merits of Corey Rogers' case, and did the… |
| 24-6073 |
Earlando Samuel v. Delaware County Housing Authority, et al. |
Third Circuit |
2024-12-04 |
Denied |
IFP |
disability-rights fair-housing-act judicial-discretion motion-to-alter-judgment procedural-due-process retaliation-clause |
Whether the lower court erred in denying appointment of counsel under the Fair Housing Act's retaliation clause and whether the Third Circuit Court of… |
| 24-6060 |
Albert Trampis Dogskin v. United States |
Ninth Circuit |
2024-12-03 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split false-information judicial-discretion plea-agreement sentencing-error |
Whether there is an exception to an appeal waiver in a plea agreement where the district court relied on false or unreliable information in sentencing |
| 24A530 |
DeWayne Lee Waldrup v. Texas |
Texas |
2024-12-02 |
Presumed Complete |
|
certiorari extension-of-time filing-deadline habeas-corpus judicial-discretion supreme-court |
Whether the Supreme Court should grant an extension of time to file a petition for certiorari despite previous missed filing deadlines |
| 24-575 |
Zachary Thomas Horton v. Superior Court of California, Solano County, et al. |
California |
2024-11-26 |
Denied |
Response WaivedRelisted (4) |
constitutional-rights due-process judicial-discretion property-rights right-to-counsel venue-transfer |
Whether a judge violated constitutional rights by failing to grant injunctive relief, denying right to counsel, and ordering venue transfer in a prope… |
| 24-6007 |
Warren Dale Watson v. Dave Bergman, Warden, et al. |
Tenth Circuit |
2024-11-20 |
Denied |
Relisted (2)IFP |
faretta-guidelines judicial-discretion pro-se-representation right-to-counsel sixth-amendment trial-court-procedure |
Does a defendant who has previously requested and later revoked pro se representation have the right under the Sixth Amendment to later go pro se afte… |
| 24-5995 |
Manuel Espinoza-Camacho v. United States |
Fifth Circuit |
2024-11-19 |
Denied |
Response WaivedIFP |
appellate-review circuit-split judicial-discretion sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 24-556 |
Joe Fernandez v. United States |
Second Circuit |
2024-11-18 |
Granted |
Amici (9)Response RequestedResponse WaivedRelisted (3) |
circuit-split compassionate-release extraordinary-reasons judicial-discretion sentence-reduction statutory-interpretation |
Whether the Second Circuit erred in recognizing extra-textual limitations on what information a court may consider when determining whether there exis… |
| 24-5965 |
David C. Lettieri v. Department of Justice, et al. |
Second Circuit |
2024-11-13 |
Denied |
Response WaivedIFP |
access-to-justice administrative-law court-filing judicial-discretion legal-procedure procedural-rules |
Whether a judge can improperly restrict court filings and impede access to judicial process |
| 24-5956 |
Charles Jordan v. Mississippi |
Mississippi |
2024-11-12 |
Denied |
Response WaivedIFP |
constitutional-rights due-process judicial-discretion procedural-bars speedy-trial statute-of-limitations |
Whether a defendant can be deprived of liberty in violation of due process and whether claims affecting fundamental constitutional rights can be proce… |
| 24-527 |
Emory D. Christian v. Rancho Grande Manufactured Home Community, et al. |
Ninth Circuit |
2024-11-08 |
Denied |
Response Waived |
causation civil-rights constitutional-intent judicial-discretion procedural-law rule-12b6 |
Whether lower district courts have unconstrained discretion to dismiss civil rights complaints at the 12(b)(6) stage based on flawed interpretations o… |
| 24-5934 |
Richard Balter v. United States |
Third Circuit |
2024-11-07 |
Denied |
Response WaivedIFP |
compassionate-release constitutional-review judicial-discretion pre-booker-sentencing sentencing-discretion united-states-sentencing-commission |
Whether a District Court has the Discretion to Decline to Follow the United States Sentencing Commission's Policy Statement and Whether It is Constitu… |
| 24-5921 |
Christopher Koteras v. Daniel Akers, Warden |
Sixth Circuit |
2024-11-06 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure evidentiary-hearing judicial-discretion sixth-amendment witness-communication |
Whether a victim's advocate's non-verbal communication with a child witness during trial constitutes prejudicial error that violates a defendant's rig… |
| 24-5926 |
Glenn Thomas v. United States |
Second Circuit |
2024-11-06 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence judicial-discretion sentencing |
Question not identified. |
| 24-5929 |
David Mark Fink v. California |
California |
2024-11-06 |
Denied |
Response WaivedIFP |
evidentiary-hearing faretta-right judicial-discretion pro-se-representation sixth-amendment speedy-trial |
Whether a trial court improperly revoked a defendant's pro se status during an evidentiary hearing and violated Sixth Amendment speedy trial rights |
| 24-5919 |
Kent Booher v. United States |
Sixth Circuit |
2024-11-05 |
Denied |
Response WaivedIFP |
criminal-sentencing district-court judicial-discretion restitution sentencing-guidelines |
Whether the district court improperly calculated restitution in a criminal case |
| 24-5907 |
Aisha Wright v. Transportation Communication Union/IAM |
Fifth Circuit |
2024-11-04 |
Denied |
IFP |
circuit-split habeas-corpus judicial-discretion preclusion-principles procedural-defect rule-60b |
Whether a federal court can apply preclusion principles to bar new claims when prior proceedings were not fully litigated |
| 24-5891 |
Kimberly Cannon v. Florida |
Florida |
2024-11-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fundamental-error judicial-discretion probation-violation sentencing-discretion |
Whether a trial court commits fundamental error by considering a subsequent offense without arrest or conviction when sentencing a probation violation… |
| 24-5895 |
Jonathan Godwin v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-11-01 |
Denied |
Response WaivedIFP |
district-court due-process judicial-discretion motion-to-dismiss relief-from-judgment rule-60-motion |
Whether a District Court abused its discretion by dismissing a Rule 60(b)(4) Motion for Relief from Judgment alleging a due process violation |
| 24-5882 |
Tyrone Greenfield v. United States |
Fourth Circuit |
2024-10-31 |
Denied |
Response WaivedIFP |
criminal-history judicial-discretion miscalculation procedural-error relevant-conduct sentencing |
Whether a sentence may be sustained if it relies upon an obvious and gross miscalculation pertaining to alleged wrongdoing that results in incorrect r… |
| 24-5847 |
Albert Anderson v. Winston Salem Police Department, et al. |
Fourth Circuit |
2024-10-29 |
Denied |
IFP |
appellate-standard case-precedent court-decision judicial-discretion legal-reasoning procedural-review |
Whether the lower court abused its discretion in rendering an unreasoned decision that fails to adequately address multiple legal precedents |
| 24-5822 |
Fernando De La Torre v. United States |
Seventh Circuit |
2024-10-25 |
Denied |
Response WaivedIFP |
criminal-justice-reform first-step-act incarceration-policy judicial-discretion rehabilitation sentencing-reduction |
Does the First Step Act's sentencing reduction provision allow for judicial discretion in resentencing based on changed incarceration policies and reh… |
| 24-5810 |
Andre Wilburn v. Virginia Nguyen, et al. |
Second Circuit |
2024-10-23 |
Denied |
IFP |
appellate-procedure constitutional-defect in-forma-pauperis judicial-discretion oath-of-office pro-se-prisoner |
Whether a district court errs when dismissing a pro se prisoner's complaint without leave to amend for futility reasons when defects could be cured, a… |
| 24-5792 |
Mark A. Whitworth v. United States |
Eighth Circuit |
2024-10-22 |
Denied |
Response WaivedIFP |
criminal-procedure for-cause-strike judicial-discretion jury-selection trial-fairness venireperson-bias |
Should a criminal defendant be required to prove prejudice when a federal district court erroneously strikes a potential juror for cause based on her … |
| 24A381 |
Kirk E. Knopp v. CSX Transportation Inc. |
Sixth Circuit |
2024-10-22 |
Presumed Complete |
|
bar-admission certiorari judicial-discretion pro-se-litigation supreme-court-procedure time-extension |
Whether a pro se litigant can obtain an extension of time to file a Supreme Court petition based on counsel's pending bar admission challenges |
| 24A367 |
Angela W. DeBose v. United States, et al. |
Eleventh Circuit |
2024-10-18 |
Presumed Complete |
|
access-to-courts court-management judicial-discretion prefiling-injunction pro-se-litigation vexatious-litigation |
Whether a federal district court may impose a prefiling injunction against a pro se attorney's litigation without violating her constitutional right o… |
| 24-414 |
Reuben Larson v. CommunityWorks North Dakota, et al. |
North Dakota |
2024-10-11 |
Denied |
Response Waived |
appellate-procedure brief-requirements constitutional-challenge court-rules judicial-discretion procedural-due-process |
Whether a court rule mandating brief page limits and paragraph numbering, with dismissal for non-compliance, is unconstitutional |
| 24-5751 |
Nicolas Dominique v. Florida |
Florida |
2024-10-11 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process judicial-discretion sentencing victim-impact-statement |
Whether a judge's use of a victim impact statement as an aggravating factor or for fact-finding to increase a defendant's punishment, without a jury d… |
| 24-5719 |
Guy Christopher Mannino v. United States |
Ninth Circuit |
2024-10-09 |
Denied |
Response WaivedIFP |
categorical-approach circuit-split crime-of-violence judicial-discretion modified-approach statutory-interpretation |
When determining whether an offense qualifies as a crime of violence, may a lower court use an approach that does not include the Supreme Court's cate… |
| 24-5734 |
In Re Abdur-Rahim Dib Dudar |
|
2024-10-09 |
Denied |
IFP |
appellate-procedure default-judgment district-court judicial-discretion procedural-motion venue-transfer |
Whether the transfer of a case from District 1 to District 2 under 28 U.S.C. § 1404(a) was proper and whether the defendant is entitled to a default j… |
| 24-388 |
Kariann V. v. Maine Department of Health and Human Services |
Maine |
2024-10-07 |
Denied |
Response WaivedRelisted (2) |
appellate-procedure judicial-discretion legal-review parental-rights procedural-due-process state-supreme-court |
Whether a state supreme court can deny an appeal without addressing all legal questions presented when statutorily required to do so |
| 24-5701 |
Harold David Yaritz v. Minnesota Department of Corrections, et al. |
Eighth Circuit |
2024-10-04 |
Denied |
Response WaivedIFP |
complaint-amendment constitutional-rights document-interpretation judicial-discretion legal-procedure procedural-due-process |
Whether the District Court and Appellate Court improperly dismissed a complaint by disregarding substantive constitutional rights and procedural due p… |
| 24-360 |
Sikousis Legacy, Inc., et al. v. B-Gas Limited, aka Bepalo LPG Shipping Ltd., et al. |
Ninth Circuit |
2024-10-01 |
Denied |
Response Waived |
admiralty-jurisdiction attachment-case equitable-principles judicial-discretion maritime-law property-seizure |
Whether a court exercising jurisdiction in an admiralty attachment case may apply hard-and-fast rules that limit or curtail its equitable discretion b… |
| 24-5643 |
In Re Deandre Arnold |
|
2024-09-27 |
Denied |
Relisted (2)IFP |
bias-and-prejudice court-clerk-duties in-forma-pauperis judicial-discretion jurisdictional-challenge procedural-due-process |
Whether the Circuit Court Judge and Clerk exceeded their jurisdiction by denying an IFP motion and dismissing an appeal without proper notice |
| 24-5621 |
Christopher Dallas Nelson v. United States |
Fifth Circuit |
2024-09-24 |
Denied |
Response WaivedIFP |
appellate-review clear-error-standard federal-procedure judicial-discretion sentencing-guidelines standard-of-review |
Whether varied definitions of the clear error standard of review for Federal Sentencing Guidelines are permissible |
| 24-5609 |
In Re Babubhai Patel |
|
2024-09-23 |
Dismissed |
IFP |
2255-motion circuit-court habeas-corpus judicial-discretion newly-discovered-evidence subject-matter-jurisdiction |
Whether the Sixth Circuit abused its discretion in holding that Mr. Patel's 2255 Motion to Vacate was properly filed and within the district court's j… |
| 24-317 |
Tommy Lee Benton v. South Carolina |
South Carolina |
2024-09-20 |
Denied |
Response Waived |
double-jeopardy ends-of-justice judicial-discretion manifest-necessity mistrial-standard trial-court-discretion |
Whether a trial judge must consider all viable alternatives to a mistrial before finding manifest necessity exists |
| 24-318 |
BASF Corporation v. Bader Farms, Inc. |
Eighth Circuit |
2024-09-20 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-procedure circuit-split claim-processing cross-appeal-rule judicial-discretion jurisdictional-issue |
Whether the cross-appeal rule is a jurisdictional rule, a mandatory claim-processing rule, or an informal and flexible rule in civil cases |
| 24-5604 |
Samreen Riaz v. Court of Appeal of California, Fifth Appellate District, et al. |
California |
2024-09-20 |
Denied |
Response WaivedIFP |
judicial-bias judicial-discretion legal-conflict petition-review procedural-error supreme-court-procedure |
Whether the California Supreme Court improperly denied a petition and application for stay, leaving unresolved legal and factual conflicts |
| 24-5579 |
John F. Kodenkandeth v. UPMC Health Plan, Inc., dba UPMC for Life, et al. |
Third Circuit |
2024-09-19 |
Denied |
Response WaivedRelisted (2)IFP |
collateral-order-doctrine due-process equal-protection judicial-discretion removal-jurisdiction separation-of-powers |
Whether the 3rd Circuit Court of Appeals and District Court of Western Pennsylvania erred through arbitrary and capricious abuse of discretion in hand… |
| 24A280 |
Peter J. Strauss v. United States District Court for the District of South Carolina |
Fourth Circuit |
2024-09-19 |
Presumed Complete |
|
criminal-proceeding district-court due-process judicial-discretion judicial-recusal mandamus |
Whether a federal district court judge's refusal to recuse themselves from a criminal proceeding violates a defendant's due process rights or constitu… |
| 24-5558 |
Bryant D. Aron v. United States |
Seventh Circuit |
2024-09-17 |
Denied |
Response WaivedIFP |
fairness-doctrine federal-criminal-procedure judicial-discretion plea-agreement review-standard sentencing |
Whether a district court's ambiguous status regarding a plea agreement under Fed. R. Crim. P. 11(c)(1)(C) should be considered accepted by a reviewing… |
| 24-5536 |
Jose Reyes Ochoa v. United States |
Third Circuit |
2024-09-13 |
Denied |
Response WaivedIFP |
appellant-rights court-ruling criminal-procedure duress-defense judicial-discretion legal-error |
Did the Court err in precluding Appellant's 'duress' defense? |
| 24-5524 |
Kenneth W. Blair v. United States |
Eighth Circuit |
2024-09-12 |
Denied |
Response WaivedIFP |
appellate-review confidential-informant judicial-discretion motion-to-compel standard-of-review supervisory-authority |
Whether the Eighth Circuit's finding that the district court did not abuse its discretion in overruling Blair's motion to compel the disclosure of a c… |
| 24-267 |
John Abdelsayed, et al. v. Affordable Aerial Photography, Inc. |
Eleventh Circuit |
2024-09-10 |
Denied |
Response RequestedRelisted (3) |
circuit-split dismissal-without-prejudice fee-shifting judicial-discretion prevailing-party statutory-interpretation |
Does a dismissal without prejudice that reestablishes the pre-suit status quo make a defendant the 'prevailing party' under fee-shifting statutes? |
| 24A249 |
Igor Lukashin v. United States Court of Appeals for the Ninth Circuit |
Ninth Circuit |
2024-09-10 |
Presumed Complete |
|
due-process filing-ban judicial-discretion ninth-circuit pre-filing-review pro-se-litigant |
Whether the Ninth Circuit violated due process by imposing a pre-filing review order without notice or opportunity to be heard, effectively creating a… |
| 24-5474 |
Lonnie W. Hubbard v. United States |
Sixth Circuit |
2024-09-05 |
Denied |
Response WaivedIFP |
judicial-discretion mandate-recall post-conviction-relief section-2255 sixth-circuit statutory-interpretation |
Whether the Sixth Circuit abused its discretion in denying a motion to recall the mandate post-Ruan v. United States, given changes in statutory inter… |
| 24-5433 |
David Vargas v. United States |
Tenth Circuit |
2024-08-30 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split district-court judicial-discretion legal-interpretation procedural-error sentencing-guidelines |
Whether a district court's failure to follow the plain language of the Sentencing Guidelines constitutes an incorrect application of the Sentencing Gu… |
| 24-5415 |
Glen Earl Claiborne, Sr. v. JPMorgan Chase Bank, N.A. |
Eleventh Circuit |
2024-08-29 |
Denied |
IFP |
civil-rights judicial-discretion meaningful-attorney-involvement pro-se summary-judgment wrongful-foreclosure |
Whether the District Court and Appeals Court committed reversible error and abuse of discretion in a pro se civil rights case involving alleged statut… |
| 24-207 |
Carlos A. Alonso Cano, et al. v. 245 C & C, LLC, et al. |
Eleventh Circuit |
2024-08-26 |
Denied |
|
appellate-procedure civil-rights fraud-upon-court judicial-discretion pro-se-representation transcript-integrity |
Whether a federal court can prohibit pro se representation in a civil case when the plaintiff has demonstrated prior ability to represent themselves, … |
| 24-5384 |
Carlton Eugene Hooker, Jr. v. Kevin T. Hanretta, et al. |
Eleventh Circuit |
2024-08-23 |
Denied |
Response WaivedIFP |
appellate-procedure case-dismissal civil-rights court-remand judicial-discretion procedural-error |
Whether the Eleventh Circuit abused its discretion in denying the appellant's motion for judgment and remanding the case due to procedural irregularit… |
| 24-5386 |
Christopher M. Hunt, Sr. v. Deutsche Bank Trust Company |
Georgia |
2024-08-23 |
Denied |
Relisted (2)IFP |
constitutional-rights due-process first-breach judicial-discretion jurisdiction-conflict supersedeas-bond |
Whether a state court's denial of a jury trial and imposition of an excessive supersedeas bond without an appeal or review mechanism violates constitu… |
| 24A188 |
Troy A. Minter v. Alexander Falconi, et al. |
Nevada |
2024-08-21 |
Presumed Complete |
|
closure-rules constitutional-right court-proceedings family-law judicial-discretion public-access |
Whether a state statute and local court rules that automatically close family court proceedings upon a party's request, without judicial discretion or… |
| 24A152 |
Arthur Lopez v. Court of Appeal of California, Fourth Appellate District, et al. |
California |
2024-08-08 |
Presumed Complete |
|
appellate-review court-access judicial-discretion pro-se procedural-due-process vexatious-litigant |
Whether a state court can summarily deny a pro se litigant's application for relief without providing substantive reasoning when the litigant has been… |
| 24-5285 |
Ernesto Alba Vasquez v. United States |
Fifth Circuit |
2024-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure factual-basis guilty-plea judicial-discretion plea-acceptance presentence-report |
Whether a factual basis lacking elements of the charged offense can be cured by a presentence report filed after a guilty plea acceptance |
| 24-5264 |
Delgen Foye v. Scott S. Harris, et al. |
Fourth Circuit |
2024-08-07 |
Denied |
IFP |
appellate-review criminal-law federal-procedure fourth-circuit judicial-discretion sentencing-guidelines |
Whether the Fourth Circuit Court of Appeals improperly affirmed a district court judgment in a case involving federal sentencing guidelines and judici… |
| 24-5228 |
Thomas Waters v. Federal Bureau of Prisons, et al. |
Third Circuit |
2024-08-05 |
Denied |
Response WaivedIFP |
abuse-of-process amendment civil-litigation civil-procedure court-procedure due-process federal-courts judicial-discretion jurisdiction procedural-rules standing |
Question not identified |
| 24A125 |
Arthur Lopez v. Court of Appeal of California, Fourth Appellate District, et al. |
California |
2024-08-05 |
Presumed Complete |
|
appellate-review judicial-discretion pro-se procedural-due-process state-court-procedure writ-of-mandate |
Whether a state appellate court can deny a pro se litigant's petition for writ of mandate without providing substantive reasoning |
| 24A126 |
Arthur Lopez v. Court of Appeal of California, Fourth Appellate District, et al. |
California |
2024-08-05 |
Presumed Complete |
|
appellate-review constitutional-challenge due-process judicial-discretion state-court-procedure writ-of-mandate |
Whether a state appellate court's denial of a petition for writ of mandate violates a petitioner's due process rights |
| 24A115 |
Justin Erskine v. Delaware |
Delaware |
2024-07-31 |
Presumed Complete |
|
criminal-procedure habeas-corpus judicial-discretion mandamus post-conviction right-to-counsel |
Whether a criminal defendant has a constitutional right to appointed counsel for a third post-conviction motion when no new evidence of actual innocen… |
| 24-5187 |
Eva A. Nieczyperowicz v. Andrew Nieczyperowicz |
Texas |
2024-07-31 |
Denied |
IFP |
certiorari civil-procedure civil-rights constitutional-rights due-process equal-protection judicial-discretion standing state-court-review welfare-entitlements |
equal-protection-clause-violation |
| 24-5162 |
Johnny Ho v. United States |
Sixth Circuit |
2024-07-29 |
Denied |
Response WaivedIFP |
criminal-procedure fair-trial impartial-jury judicial-discretion jury-selection peremptory-challenges sixth-amendment voir-dire |
Defendant's right to a fair trial by impartial jury |
| 24-88 |
John Doe v. The Trustees of Indiana University, et al. |
Seventh Circuit |
2024-07-29 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
circuit-split civil-procedure civil-rights due-process judicial-discretion pseudonym retaliation standing summary-judgment title-ix |
Whether a district court abuses its discretion when, without a finding of risk of physical harm, improper retaliation, or minor status, it permits a p… |
| 24A100 |
Brennaris Marquis Johnson v. Washington |
Washington |
2024-07-29 |
Presumed Complete |
|
aggravating-factors criminal-sentencing judicial-discretion jury-trial sentencing-guidelines sixth-amendment |
Whether a judge's finding of 'substantial and compelling reasons' to impose a sentence above the statutory presumptive range violates a defendant's Si… |
| 24-5110 |
Cristobal Castillo-Velasquez v. United States |
Fifth Circuit |
2024-07-18 |
Denied |
Response WaivedIFP |
almendarez-torres case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 24-5096 |
Steven C. Levi v. Anchorage School District, et al. |
Ninth Circuit |
2024-07-17 |
Denied |
IFP |
civil-procedure discovery discovery-rights dismissal due-process interrogatories judicial-discretion motion-to-dismiss procedural-due-process standing summary-judgment |
Can a case be dismissed without allowing Discovery and Interrogators? |
| 24A60 |
Keith Edmund Gavin v. Alabama |
Alabama |
2024-07-17 |
Presumed Complete |
|
criminal-procedure death-row filing-fee in-forma-pauperis indigent-status judicial-discretion |
Whether a death row inmate's in forma pauperis application can be denied based on having received monthly inmate deposits that exceed the filing fee t… |
| 24-5094 |
Kenyatta Quinn Mitchell v. Paul Bennett, et al. |
Ninth Circuit |
2024-07-16 |
Denied |
Relisted (2)IFP |
11th-amendment 42-usc-1983 circuit-court-review civil-rights constitutional-provisions due-process heck-v-humphrey judicial-discretion legal-standards plra procedural-due-process state-law statutory-interpretation |
Question not identified. |
| 24-34 |
Ricky-Dean Horton v. PG&E Corporation |
Ninth Circuit |
2024-07-12 |
Denied |
Response WaivedRelisted (2) |
9th-circuit bankruptcy-court bankruptcy-procedure civil-procedure court-rules due-process judicial-discretion procedural-fairness statutory-interpretation substantive-rights |
Whether the proceedings in the U. S. Bankruptcy Court N.D. Cal. failed to follow the rules and procedures for a fair and just determination of Petitio… |
| 24-5045 |
Charles N. Belssner v. Casablanca Homeowners Association, et al. |
Nevada |
2024-07-10 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-procedure due-process judicial-discretion judicial-misconduct judicial-review legal-procedure nrs-enforcement standing statutory-interpretation |
Question not identified |
| 24-5033 |
Jose Domingo Carranza-Rubio v. United States |
Fifth Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
almendarez-torres case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 24A8 |
Lakshmi Arunachalam v. International Business Machines Corporation, et al. |
Federal Circuit |
2024-07-08 |
Presumed Complete |
|
constitutional-vagueness due-process federal-circuit judicial-discretion patent-litigation vexatious-litigant |
Whether the Federal Circuit's use of the term 'vexatious litigant' violates due process by failing to provide fair notice and constituting an unconsti… |
| 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,… |
| 23-1360 |
Vernon Fiehler v. Catherine Mecklenburg, et al. |
Alaska |
2024-07-01 |
Denied |
CVSGAmici (2)Response RequestedResponse WaivedRelisted (3) |
civil-procedure constitutional-provision evidence evidence-interpretation federal-survey geographic-determination judicial-discretion jurisdiction property-law water-boundary |
Whether a court has the power to disregard evidence of the location of a water boundary from a federal survey based on subsequent evidence of the body… |
| 23A1172 |
Ran Li v. Yaxin Li |
Texas |
2024-07-01 |
Presumed Complete |
|
custody-dispute due-process family-law judicial-discretion pro-se texas-supreme-court |
Whether the Texas Supreme Court's denial of relief violates due process or constitutes an abuse of judicial discretion in a family law or custody disp… |
| 23-7812 |
Akohomen Ighedoise v. United States |
Eleventh Circuit |
2024-06-27 |
Denied |
Response WaivedIFP |
18-usc-3553(a) abuse-of-discretion due-process judicial-discretion mitigating-factors plea-agreement post-sentencing-rehabilitation prosecutorial-conduct sentencing-guidelines sentencing-guidelines-departure substantive-rights |
Whether a Judge Abuses his/her discretion when there is a determination that post-sentencing rehabilitative efforts are evidence of an attempt to dece… |
| 23-7811 |
Frederick Ware-Newsome v. Southern Management Companies, LLC |
Maryland |
2024-06-26 |
Denied |
Response WaivedRelisted (2)IFP |
case-review civil-procedure court-procedure due-process judicial-discretion judicial-review maryland-supreme-court public-interest standing state-courts |
Question not identified |
| 23-1336 |
Noel West Lane, III v. Matthew Curtis Witt, et al. |
Tenth Circuit |
2024-06-25 |
Denied |
Response Waived |
bankruptcy bankruptcy-procedure due-process fair-hearing fourteenth-amendment judicial-discretion manifest-fraud pro-se-litigants pro-se-litigation procedural-error |
Should the Supreme Court provide guidance on mandatory accommodation of judicial discretion to ensure fair hearings for pro se litigants and clarify i… |
| 23-7804 |
Juan Jesus Vargas v. United States |
Fifth Circuit |
2024-06-25 |
Denied |
Response WaivedIFP |
18-usc-3553 circuit-split criminal-procedure criminal-sentencing district-court-procedure judicial-discretion open-court-statement reasonableness-review sentencing sentencing-requirements statutory-interpretation |
Must district courts comply with the requirements of 18 U.S.C. § 3553(c) to state, in open court, the reasons for the sentence imposed? |
| 23-7781 |
Timothy Dasler v. Jennifer Knapp, fka Dasler |
Vermont |
2024-06-21 |
Denied |
IFP |
best-interest-of-the-child constitutional-fairness domestic-relations due-process equitable-tolling judicial-discretion jurisdictional-limits Palmore-v-Sidoti parental-rights Troxel-v-Granville |
Equitable-tolling-of-jurisdictional-limits |
| 23-7759 |
Israel Santiago-Lugo v. United States |
First Circuit |
2024-06-20 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-procedure court-of-appeals due-process judicial-discretion judicial-review legal-reasoning procedural-error reasoned-decision-making supreme-court-precedent |
May the District Court and Court of Appeals ignore the Supreme Court's decision in Concepcion v. U.S. |
| 23-7760 |
Samreen Riaz v. Kaweah Health Medical Center, et al. |
California |
2024-06-20 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review bias conflicting-issues court-procedure due-process judicial-discretion legal-error petition-for-writ-of-certiorari petition-review procedural-due-process standing |
Did the Supreme Court of California (S284004) err in denying the petition and application for stay on May 1, 2024, leaving unresolved conflicts of law… |
| 23-7769 |
In Re Johnny Smith |
|
2024-06-20 |
Denied |
Relisted (2)IFP |
bar-ethics court-rules criminal-procedure due-process indictment judicial-discretion judicial-misconduct legal-procedure prosecutorial-misconduct rule-of-court rules-of-court |
Question not identified |
| 23-7725 |
Jimmie Lee Walton v. United States |
Fifth Circuit |
2024-06-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion allen-charge coercion court-of-appeals criminal-procedure Did the Court of Appeals abuse it's discretion in Did the Court of Appeals abuse its discretion in a directed-verdict double-jeopardy due-process fifth-circuit habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal judicial-discretion jury-instructions mistrial motion-for-acquittal right-to-counsel sixth-amendment standard-of-review sufficiency-of-evidence |
Did Walton receive effective assistance of counsel? |
| 23-7640 |
Devin Fischer v. North Dakota |
North Dakota |
2024-06-05 |
Denied |
IFP |
abuse-of-discretion constitutional-rights criminal-procedure double-jeopardy due-process due-process-clause fair-trial guilty-plea judicial-discretion legal-standards |
Is a defendant denied due process when the court ignores legal standards and relies solely on their discretion? |
| 23-7604 |
Sheila Halousek v. Verizon |
Ninth Circuit |
2024-05-31 |
Denied |
IFP |
appeal-denial arbitrary-dismissal civil-rights court-of-appeals district-court first-amendment judicial-discretion petition-clause petition-government redress-grievances |
Was Petitioner denied her explicit constitutional civil right under the First Amendment to petition the government for a redress of grievances when th… |
| 23-7606 |
Tommy Tate Collins v. United States |
Eighth Circuit |
2024-05-31 |
Denied |
IFP |
criminal-procedure district-court fair-and-just-standard government-breach judicial-discretion plea-agreement remedy santobello-v-new-york sentencing-remedy |
What is the appropriate test or what factors should a district court consider when determining the appropriate remedy, after an appellate court has fo… |
| 23-7608 |
Carney Turner v. United States |
Eighth Circuit |
2024-05-31 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review criminal-law criminal-sentencing due-process federal-courts federal-jurisdiction judicial-discretion life-sentence sentencing standard-of-review |
Whether, in federal criminal cases where the district court has imposed a discretionary life sentence, the courts of appeal should employ a de novo st… |
| 23-7586 |
Christopher Eugean Brown v. Sergeant Ashley Kern |
Eleventh Circuit |
2024-05-30 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-procedure civil-rights constitutional-rights due-process federal-procedure free-speech incarceration judicial-discretion standing takings |
Did the Session Tudor PEA Ca ce JoAv ORS, fe Sesiohe Tee, tans, OEE Ge eb |
| 23-7574 |
Marcus Donte Middlebrook v. Kelly M. Wellman, et al. |
Sixth Circuit |
2024-05-29 |
Denied |
Response WaivedIFP |
civil-rights deliberate-indifference due-process free-exercise judicial-discretion medical-needs rluipa summary-judgment |
Did the US District Court judge abuse its discretion in adopting the magistrate's report and recommendation, granting the defendant's motion for summa… |
| 23-1245 |
David Timothy Johnson, Sr. v. Urvashi Foster, et al. |
Eleventh Circuit |
2024-05-28 |
Denied |
Response Waived |
abuse-of-discretion appellate-review civil-rights due-process judicial-discretion judicial-power jurisdiction pro-se-litigation procedural-defect shotgun-pleading |
Whether the United States Court of Appeals for the Eleventh Circuit's questioned Orders amount to an unlawful denial of due process, an oppressive exe… |
| 23-7551 |
In Re Kinley MacDonald |
|
2024-05-23 |
Dismissed |
IFP |
best-interests child-custody constitutional-rights due-process family-law judicial-discretion |
Would a state court's refusal to intervene on behalf of a child in a custody dispute violate due process rights and the child's best interests? |
| 23-7538 |
Jose Luis Garcia v. Kyeong Park |
Ninth Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
appellate-review civil-rights deliberate-indifference due-process judicial-discretion medical-care medical-malpractice qualified-immunity standard-of-care summary-judgment |
Did the Court of Appeals Erred in Affirming Summary Judgment When There Is Evidence of Deliberate Indifference of Dr. Park? |
| 23-7507 |
Kenneth Allen Washington v. Deputy Rayl, et al. |
Seventh Circuit |
2024-05-17 |
Denied |
IFP |
abuse-of-discretion appellate-procedure civil-procedure civil-rights constitutional-provisions court-of-appeals due-process judicial-discretion motion-to-extend ninth-circuit standing time-extension |
Did the United States District Court Judge Abuse his discretion in denying the Plaintiff's motions? |
| 23-7474 |
Bogdan Nicolescu v. Dave Bobby, Warden |
Seventh Circuit |
2024-05-15 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review court-of-appeals due-process judicial-discretion judicial-explanation merits-panel pro-se-litigant procedural-fairness uncandid-briefing |
Is a 3-judge merits panel of a U.S. court of appeals at liberty, perhaps over-reliant on the opposing party's counseled but uncandid briefing, to not … |
| 23-7483 |
Edgardo Esteras v. United States |
Sixth Circuit |
2024-05-15 |
Judgment Issued |
Amici (1)Response RequestedResponse WaivedRelisted (4)IFP |
18-usc-3553 18-usc-3583 circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors statutory-interpretation supervised-release |
Whether district courts may rely on the section 3553(a)(2)(A) factors when revoking supervised release |
| 23-7447 |
Azaniah Blankumsee v. Maryland |
Maryland |
2024-05-10 |
Denied |
IFP |
actual-innocence circuit-court civil-rights criminal-procedure discretionary-review due-process habeas-corpus judicial-discretion standing writ-of-error |
Did the lower court abuse its discretion by denying appellant's petition for writ of actual innocence without looking at the totality, or assessing wh… |
| 23-7453 |
William Garrido v. Florida |
Florida |
2024-05-10 |
Denied |
IFP |
10-20-life-statute criminal-sentencing due-process judicial-discretion mandatory-minimum sentencing sentencing-authority statutory-interpretation trial-court-authority |
What authority does the trial court have to sentence beyond the selected mandatory minimum of 25 years under § 775.087 (2), (the 10-20-life Statute)? |
| 23-7454 |
Jennifer L. M. Sendzul v. Jay C. Hoag, et al. |
Ninth Circuit |
2024-05-10 |
Denied |
Response WaivedIFP |
access-to-courts appeals-court civil-rights covid-19 district-court due-process indigent-rights judicial-access judicial-discretion remote-proceedings writ-of-certiorari |
Whether a writ of certiorari is appropriate when a district court denies any other form of meaningful access other than in-person for scheduled hearin… |
| 23A1003 |
Jarius Brown v. Javarrea Pouncy, et al. |
Fifth Circuit |
2024-05-10 |
Presumed Complete |
|
certiorari constitutional-rights extension judicial-discretion petition supreme-court |
Whether the lower court's decision improperly restricts constitutional rights or judicial discretion in a manner warranting Supreme Court review |
| 23-7437 |
Overille Denton Thompson, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-05-09 |
Denied |
IFP |
appellate-process certificate-of-appealability due-process federal-procedure fifth-circuit habeas-corpus judicial-discretion legal-precedent procedural-review sanctions standard-of-review |
Whether the Fifth Circuit failed to engage in the COA process |
| 23-7396 |
Francisco Manuel Padilla v. California |
California |
2024-05-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-discretion legal-standard standing superior-court |
Whether the superior court has the authority to debase the constitutional rights of a defendant |
| 23-7398 |
Jamaal Parker v. United States |
Sixth Circuit |
2024-05-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-discretion new-trial new-trial-standard preservation-of-error reversible-error sentencing sentencing-explanation |
Whether a new criminal trial requires trial error that would have been reversible on appeal |
| 23-7399 |
In Re Gilbert Martinez |
|
2024-05-07 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-exhaustion administrative-remedies civil-procedure due-process enlargement-of-time judicial-discretion recusal recusal-standard rule-60-relief social-security-review standing subject-matter-jurisdiction |
Whether the Circuit court abused its discretion |
| 23-7382 |
In Re Arthur Jones |
|
2024-05-06 |
Denied |
Response WaivedIFP |
civil-procedure criminal-conviction criminal-law due-process federal-jurisdiction federalism judicial-discretion judicial-overreach jurisdiction mandamus subject-matter-jurisdiction |
Whether the district court abused its discretion in failing to issue the writ of mandamus |
| 23-7377 |
Christopher J. Barnett v. Oklahoma |
Oklahoma |
2024-05-03 |
Denied |
IFP |
abuse-of-discretion civil-procedure constitutional-rights due-process judicial-bias judicial-discretion legal-procedure local-court procedural-fairness recusal standing |
whether-a-biased-judge-must-recuse-themselves |
| 23-7372 |
Meghan Kelly v. Disciplinary Counsel Patricia B. Swartz, et al. |
Third Circuit |
2024-05-02 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights constitutional-rights disciplinary-proceedings due-process fifth-amendment first-amendment free-speech judicial-discretion professional-disciplinary-proceedings sixth-amendment standing |
Question not identified |
| 23-7325 |
In Re Linda Ann Wright |
|
2024-04-29 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights due-process equal-protection judicial-discretion property-rights standing veterans-affairs |
Whether Judge Ranjan Abused his discretion in § 1915(2) |
| 23-7327 |
Zachariah Jay Histed v. United States |
Sixth Circuit |
2024-04-29 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-law criminal-procedure drug-offense federal-sentencing judicial-discretion plea-bargaining sentencing sentencing-guidelines |
Whether a defendant who pleads guilty, admits the substantive elements of the criminal charge, and spares the government the time and expense of a tri… |
| 23-7336 |
Weili Cao-Bossa v. New York State Department of Labor |
Second Circuit |
2024-04-29 |
Denied |
Response WaivedIFP |
civil-procedure due-process factual-errors genuine-issues judicial-discretion legal-errors legal-merits motion-to-dismiss procedural-technicality summary-judgment |
Can summary judgment be granted solely on failure to respond timely or not in detail? |
| 23-7301 |
Reginald Burrell v. Sharon Langham, Warden |
Eleventh Circuit |
2024-04-25 |
Denied |
IFP |
circuit-conflict civil-rights due-process equitable-relief federal-courts federal-procedure fraud-on-the-court fraudulent-judgments habeas-corpus judicial-discretion supervisory-power |
Whether the U.S. Court of Appeals for the Eleventh Circuit erred in denying equitable relief against a fraudulent judgment |
| 23-1156 |
Eun O. Kim, et al. v. Parcel K-Tudor Hall Farm, LLC |
Fourth Circuit |
2024-04-24 |
Denied |
Response Waived |
civil-procedure court-of-appeals due-process equal-protection judicial-discretion legal-representation motion-to-reopen procedural-fairness timeliness |
Whether the Justice system (The United States Court of Appeals for the Fourth Circuit) granting the Motion to Reopen to one party after 8 years from t… |
| 23-7300 |
Juan Francisco Turcios v. Texas |
Texas |
2024-04-24 |
Denied |
Relisted (2)IFP |
appeals constitutional-rights criminal-procedure due-process ineffective-assistance judicial-discretion plea-bargain sentencing |
Whether the trial court erred by sentencing the petitioner to 20 years despite a plea bargain agreement for a maximum of 10 years |
| 23-7292 |
Morris Fuller v. United States |
Second Circuit |
2024-04-23 |
Denied |
Response WaivedIFP |
appellate-review criminal-sentencing drug-offense due-process equal-protection federal-district-court judicial-discretion maximum-penalty post-conviction-relief sentencing-guidelines |
Whether the district court erred in sentencing the petitioner to an above-guideline sentence based on factors that were already accounted for in the g… |
| 23-7285 |
Sabrina Gibson v. Thomas F. Roupas, Jr., et al. |
Fourth Circuit |
2024-04-22 |
Denied |
Response WaivedIFP |
civil-procedure district-court federal-rules federal-rules-of-civil-procedure judicial-discretion manifest-error prejudice procedural-standard standard-of-review |
Whether it was manifest error and significantly prejudicial for the District Court to apply a heightened standard under Federal Rule of Civil Procedur… |
| 23-1129 |
Richard Roche v. LARC, Inc., aka Lee Association for Remarkable Citizens, Inc., et al. |
New Jersey |
2024-04-18 |
Denied |
Response Waived |
14th-amendment burger-king-v-rudzewicz due-process hanson-v-denckla intentional-torts judicial-discretion personal-jurisdiction subject-matter-jurisdiction |
Did the courts of the State of New Jersey violate the due process rights pursuant to the 14th Amendment of the United States Constitution and the Cons… |
| 23-7250 |
Rian Waters v. Aidan Kearney |
Massachusetts |
2024-04-18 |
Denied |
IFP |
civil-rights constitutional-rights criminal-complaint criminal-procedure due-process judicial-discretion obstruction-of-justice standing state-prosecution witness-intimidation |
Standing-to-appeal-criminal-complaint |
| 23-7176 |
Albert Enrique Narvaez v. Florida |
Florida |
2024-04-10 |
Denied |
Response WaivedIFP |
constitutional-burden counterfactual-analysis criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-review plea-bargaining presumption-of-acceptability prosecutorial-discretion |
Does Missouri v. Frye place an unreasonable burden on defendants? |
| 23-7161 |
James E. Homan v. United States |
Fifth Circuit |
2024-04-08 |
Denied |
Response WaivedIFP |
district-court due-process facts judicial-discretion record revocation revocation-proceeding sentencing supervised-release |
Whether the district court violated Mr. Homan's right to due process during the sentencing phase of this supervised release revocation proceeding when… |
| 23-7126 |
Alberto Perez v. United States |
Ninth Circuit |
2024-04-02 |
Denied |
Response WaivedIFP |
arbitrary-sentences criminal-procedure criminal-sentencing drug-offenses due-process judicial-discretion methamphetamine methamphetamine-distribution sentencing-guidelines sentencing-standards |
Does the district court's blind reliance upon United States Sentencing Guideline § 2D1.1(c)(1)'s draconian base offense level of 38 for distribution o… |
| 23-1065 |
Robert A. Eaton v. Montana Silversmiths |
Ninth Circuit |
2024-03-29 |
Denied |
Response Waived |
abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process judicial-discretion ninth-circuit pro-se-litigation standing waiver waiver-of-rights |
Whether the Ninth Circuit had power to waive Eaton's constitutional rights |
| 23-7022 |
Elvis Edgardo Molina v. United States |
Ninth Circuit |
2024-03-19 |
Denied |
Response WaivedIFP |
burns-v-united-states due-process evidence-disclosure fifth-amendment guidelines guidelines-range judicial-discretion sentencing sentencing-variance upward-variance |
Whether the district court's failure to disclose gun statistics from unknown sources of questionable validity to justify an unprecedented 30-month upw… |
| 23-1025 |
D.L. Markham DDS, MSD, Incorporated 401(K) Plan, et al. v. Variable Annuity Life Insurance Company |
Fifth Circuit |
2024-03-18 |
Denied |
Response Waived |
29-usc-1106 29-usc-1108 amendment-opportunity erisa-plan exemptions judicial-discretion motion-to-dismiss prohibited-transactions service-provider statutory-prohibition |
What transactions between an ERISA plan and a service provider are prohibited by 29 U.S.C. § 1106(a)(1)(C) unless exempt under 29 U.S.C. § 1108(b)(2)? |
| 23-6989 |
Lenroy McLean v. United States |
Second Circuit |
2024-03-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion co-defendants compassionate-release criminal-sentencing due-process equal-protection federal-procedure judicial-discretion post-conviction-relief sentencing-factors |
Whether the lower court properly applied the evaluation of the sect. 3553 factors among differently situated co-defendant to denied Petitioner's compa… |
| 23-6965 |
Armando Orozco-Barron v. United States |
Ninth Circuit |
2024-03-12 |
Denied |
Response WaivedIFP |
covid-19-pandemic criminal-procedure dismissal-without-prejudice due-process ends-of-justice individual-assessment judicial-discretion pandemic speedy-trial-act |
Whether a court may extend the Speedy Trial Act's deadlines by general order, without individually evaluating defendants' interests in a speedy trial |
| 23-6908 |
Shawn Christy v. United States |
Third Circuit |
2024-03-06 |
Denied |
Response WaivedIFP |
court-procedure criminal-procedure due-process ineffective-assistance judgment-of-acquittal judicial-discretion judicial-error pro-se right-to-counsel self-representation sentencing-review |
Did the district court error in not permitting Mr. Christy to represent himself? |
| 23-6913 |
Carl Thompson v. Marjorie K. Allard, Chief Judge, Court of Appeals of Alaska, et al. |
Ninth Circuit |
2024-03-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion circuit-court civil-procedure complaint-amendment federal-courts futile-amendment futility-standard judicial-discretion procedural-review rooker-feldman standing |
Was there a violation of the Rooker-Feldman doctrine? |
| 23-963 |
Jean Dominique Morancy v. Sabrina Alex Salomon |
Florida |
2024-03-06 |
Denied |
Response Waived |
appellate-review civil-rights constitutional-rights due-process fraud judicial-discretion judicial-jurisdiction parental-rights per-curiam-affirmed racketeering standing state-court-procedure |
Does Florida's legal scheme violate constitutional rights by not allowing its state Supreme Court to review a Per Curiam Affirmed decision without an … |
| 23-6884 |
Alexander Yoichi Duberek v. United States |
Fifth Circuit |
2024-03-04 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review criminal-procedure due-process judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 23-953 |
Brandon Michael Council v. United States |
Fourth Circuit |
2024-03-01 |
Denied |
Amici (3) |
circuit-split competency criminal-procedure defendant-rights due-process effective-assistance-of-counsel federal-death-penalty judicial-discretion mental-competence trial-competency |
Whether a trial court may deem a defendant competent based solely on the unexplained, unsupported opinion of a defense expert or defense counsel |
| 23-6860 |
Keyron Lamonte Binns v. American General Life and Accident Insurance Company, AIG, et al. |
Ninth Circuit |
2024-02-29 |
Denied |
Response WaivedIFP |
abuse-of-discretion amendment contract-interpretation contract-law diversity-jurisdiction extrinsic-evidence judicial-discretion jurisdictional-standing stare-decisis |
Did the U.S. Eastern District Court err in using extrinsic evidence to deny the plaintiff's complaint with prejudice despite no ambiguity in the insur… |
| 23A799 |
Raul Mendez v. Moonridge Neighborhood Assocociation, Inc., et al. |
Ninth Circuit |
2024-02-28 |
Presumed Complete |
|
appellate-procedure due-process frivolous-dismissal judicial-discretion ninth-circuit pro-se-appeal |
Whether the Ninth Circuit violated due process by dismissing a pro se appeal as frivolous without providing legal reasoning or analysis, and whether s… |
| 23-924 |
John Anthony Castro v. Adrian Fontes, Arizona Secretary of State, et al. |
Ninth Circuit |
2024-02-27 |
Denied |
Response Waived |
arizona-ballot article-iii article-iii-standing ballot-access campaign-expenses hearsay hearsay-evidence judicial-discretion motion-to-amend presidential-candidate standing |
Does an Arizona ballot-placed Republican Presidential Candidate lack Article III standing if a lower court determines he is not 'genuinely' competing … |
| 23-933 |
Jay Hymas, dba Dosmen Farms v. Department of the Interior |
Ninth Circuit |
2024-02-27 |
Denied |
|
access-to-courts circuit-split civil-procedure court-fees fee-waiver in-forma-pauperis judicial-discretion litigation-access statutory-interpretation |
Does 28 U.S.C. § 1915(a)(1) grant district courts authority to set a partial filing fee for in forma pauperis litigants, as the Ninth Circuit below an… |
| 23-6837 |
David Carbonaro v. United States |
Third Circuit |
2024-02-27 |
Denied |
Response WaivedIFP |
appellate-review computer-crime computer-use criminal-procedure image-quantity judicial-discretion number-of-images reasonableness sentencing sentencing-enhancement sentencing-enhancements |
Whether the Court erred in its application of the sentencing enhancements and the reasonableness of the sentence imposed |
| 23-6799 |
Leon King v. United States |
Eleventh Circuit |
2024-02-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process federal-sentencing judicial-discretion legal-reasoning sentencing-guidelines statutory-interpretation |
Whether 18 U.S.C. § 3553(c) requires a sentencing court which rejects a defendant's nonfrivilous arguments in favor of a lower sentence to explain its… |
| 23-6759 |
Hia-Keem Don'ae Rice v. United States |
Fourth Circuit |
2024-02-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-discretion sentencing supervised-release written-judgment |
Whether Rule 43(a)(3) of the Federal Rules of Criminal Procedure permits the sentencing judge to impose in the written judgment conditions of supervis… |
| 23A746 |
Carlos Jackson v. Markel American Insurance Company, et al. |
Nevada |
2024-02-14 |
Presumed Complete |
|
civil-rights complaint-amendment due-process judicial-discretion medical-emergency pro-se-litigant |
Whether a pro se litigant's constitutional due process rights are violated when a district court judge denies an opportunity to amend a complaint and … |
| 23-6693 |
In Re John Waldon |
|
2024-02-07 |
Denied |
IFP |
all-writs-act constitutional-challenge constitutional-violation discretionary-denial due-process habeas-corpus judicial-discretion jurisdictional-review remedy standing |
Does the court have jurisdiction to review a habeas corpus petition under the All Writs Act |
| 23-6697 |
Jorge Hernandez v. United States |
Eleventh Circuit |
2024-02-07 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure court-reasoning discretion due-process judicial-discretion mandate mandate-recall motion-denial procedural-due-process reasoning |
Did the appellate court abuse its discretion by failing to provide any reasoning to permit meaningful appellate review? |
| 23-6674 |
Terry Eugene Hambrick v. United States |
Eighth Circuit |
2024-02-06 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure judicial-discretion judicial-proceedings plain-error plain-error-review standard-of-review standards-of-review supervisory-power |
Whether the district court has departed from the accepted course of judicial proceedings in expanding the criteria for plain error review on appeal |
| 23-6675 |
Pietro Pasquale Antonio Sgromo v. Timothy Ryan, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2024-02-06 |
Denied |
Response WaivedIFP |
civil-procedure contract-law discretion equity-principles judicial-discretion litigation public-policy rescission settlement-agreement settlement-agreements |
Does public policy strongly favor settlement of disputes without litigation or do courts have discretion to not enforce settlement agreements? |
| 23-6680 |
Mark Mayo v. United States |
Ninth Circuit |
2024-02-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rule federal-rules-of-criminal-procedure judicial-discretion plain-error rule-52(b) structural-error |
Does a clear or obvious structural error always, or at least ordinarily, require relief under the plain-error standard of Federal Rule of Criminal Pro… |
| 23-6640 |
Garland Ray Gregory, Jr. v. South Dakota |
South Dakota |
2024-02-01 |
Denied |
Response WaivedIFP |
amendment-claim collateral-estoppel constitutional-violation coram-nobis cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel judicial-discretion procedural-error res-judicata |
Did the South Dakota Supreme Court abuse its discretion in dismissing the petitioner's writ of error coram nobis? |
| 23A710 |
Pushpa Shekar v. PHH Mortgage Group |
Illinois |
2024-02-01 |
Presumed Complete |
|
appellate-review discriminatory-practices due-process equal-protection judicial-discretion petition-for-leave |
Whether the Fourteenth Amendment's Due Process and Equal Protection Clauses prohibit a state court from arbitrarily granting or denying late-filed pet… |
| 23-6629 |
Gilbert Dean Bicknell v. United States |
Seventh Circuit |
2024-01-31 |
Denied |
Response WaivedIFP |
18-usc-3553a brady-materiality brady-v-maryland district-court-finding due-process federal-sentencing guidelines-determination judicial-discretion materiality prosecutorial-disclosure sentencing-information united-states-v-booker |
Whether the materiality analysis from Brady v. Maryland sufficiently satisfies due process when applied to federal sentencing decisions post-Booker |
| 23A698 |
Martha Carrascal v. American Airlines, Inc. |
Fourth Circuit |
2024-01-29 |
Presumed Complete |
|
discovery-sanctions dismissal employment-discrimination judicial-discretion pro-se-litigant rule-37 |
Whether a district court may impose the sanction of dismissal under Federal Rule of Civil Procedure 37(b)(2)(A)(v) for a plaintiff's failure to comply… |
| 23-6589 |
Reginald L. McCoy v. United States |
Eleventh Circuit |
2024-01-26 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-resentencing drug-quantity first-step-act judicial-discretion prior-finding sentencing sentencing-review statutory-threshold |
Whether a First Step Act movant's entitlement to review hinges on the statutory sentencing threshold for his offense, or may be foreclosed by a prior … |
| 23-806 |
Indiezone, Inc., et al. v. Todd Rooke, et al. |
Ninth Circuit |
2024-01-25 |
Denied |
|
appellate-procedure civil-procedure electronic-filing excusable-neglect federal-rules federal-rules-of-appellate-procedure good-cause intervening-circumstances judicial-discretion pioneer-investment-services |
Whether Congress intended to treat 'excusable neglect' and 'good cause' separately in Fed. R. App. P. 4(a)(5)(A)(ii) and the appropriate standard of r… |
| 23-797 |
Marco Gonzalez v. Salem Shahin, et al. |
Eighth Circuit |
2024-01-24 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review civil-procedure civil-rules judicial-discretion jurisdiction notice-of-appeal post-judgment-motion time-extension |
Does an unobjected-to extension of time to file a post-judgment motion, even though unauthorized by the civil rules, permit appellate review of the un… |
| 23-6543 |
Odeiu Joy Powers v. Department of Homeland Security, et al. |
Eleventh Circuit |
2024-01-24 |
Denied |
Response WaivedIFP |
civil-service due-process federal-civil-service judicial-discretion preference-eligible pro-se-litigant procedural-fairness sua-sponte-dismissal unilateral-ban veteran |
Must rulings reflect material facts on the record? |
| 23-6461 |
Luis Armando Jimenez v. United States |
Ninth Circuit |
2024-01-11 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process federal-criminal-justice federal-sentencing guidelines judicial-discretion sentencing sentencing-guidelines |
Under Rita v. United States, can a district court ignore a party's nonfrivolous arguments for a greater or lesser sentence |
| 23-6445 |
Calvin Solomon v. United States |
Eleventh Circuit |
2024-01-09 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey crack-cocaine-law crack-cocaine-sentencing discretionary-review eleventh-circuit first-step-act judicial-discretion sentencing-guidelines sentencing-reduction |
Whether the Eleventh Circuit's unique interpretation of the First Step Act's eligibility and discretionary steps is correct |
| 23-741 |
Iftikar A. Ahmed v. Securities and Exchange Commission, et al. |
Second Circuit |
2024-01-09 |
Denied |
|
appellate-procedure circuit-split civil-procedure cross-appeal-rule greenlaw-v-united-states judicial-discretion jurisdiction remand remedy-limitation substantive-law |
Whether the cross-appeal rule is jurisdictional or mandatory, or admits of exceptions |
| 23A631 |
Peter Williams v. Environmental Protection Agency, et al. |
District of Columbia |
2024-01-09 |
Presumed Complete |
|
certiorari due-process judicial-discretion petition-filing procedural-rules time-extension |
Whether the lower court's denial of an extension to file a petition for a writ of certiorari constitutes an abuse of discretion or violates due proces… |
| 23-6434 |
Pascal Gedeon v. United States District Court for the Eastern District of Pennsylvania |
Third Circuit |
2024-01-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection fourth-amendment judicial-discretion mandamus pretrial-motions speedy-trial-act vagueness |
Whether delays resulting from pretrial motions can be excluded under the Speedy Trial Act |
| 23-6406 |
Jamal Eberhardt v. United States |
Third Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-standard criminal-procedure due-process excessive-sentence judicial-discretion reasonableness-standard sentencing sentencing-guidelines sentencing-review third-circuit |
Did the Third Circuit error by not finding Mr. Eberhardt's sentence was harsh and excessive? |
| 23-718 |
Darryl Heffner v. Timothy Heffner, et al. |
Texas |
2024-01-03 |
Denied |
Response Waived |
civil-procedure civil-rights discovery due-process family-dispute judicial-discretion lis-pendens property-rights standing transcript-rate trust-litigation |
Question not identified |
| 23A599 |
William Phillip Neidinger v. United States |
Ninth Circuit |
2024-01-02 |
Presumed Complete |
|
cruel-and-unusual due-process eighth-amendment federal-sentencing identity-preservation judicial-discretion |
Whether the Eighth Amendment prohibits imposing a federal prison sentence that effectively destroys a defendant's identity and constitutes cruel and u… |
| 23-6377 |
Ryan F. Duncan v. Florida Commission on Offender Review |
Florida |
2023-12-28 |
Denied |
IFP |
5th-amendment constitutional-rights criminal-procedure double-jeopardy due-process equal-protection judicial-discretion prior-conviction sentencing sentencing-enhancement |
Whether the Double Jeopardy Clause of the Constitution provides immunity from prosecution for a defendant who has already been punished for the same o… |
| 23-6357 |
Dalton Laquane Smith v. United States |
Fourth Circuit |
2023-12-27 |
Denied |
Response WaivedIFP |
compassionate-release criminal-justice due-process federal-criminal-procedure judicial-discretion motion-for-relief sentencing sentencing-modification statutory-interpretation supreme-court-precedent |
Whether the denial of the Petitioner's 18 U.S.C. §3582(c)(1)(A) Motion is contrary to this Court's ruling in Concepcion? |
| 23-6376 |
Judy Thorpe v. Board of Trustees, Public Employees' Retirement System |
New Jersey |
2023-12-27 |
Denied |
Response WaivedIFP |
administrative-decision administrative-law appellate-review due-process government-benefits judicial-discretion manifest-error pension public-employee-retirement retirement state-law state-pension |
Whether it was manifest error and significantly prejudicial for the Supreme Court of New Jersey to Deny Certification and Not Fairly and Equitably Rev… |
| 23-6328 |
Andrew Fields, III v. Patrick J. Bouldin, et al. |
Sixth Circuit |
2023-12-22 |
Denied |
IFP |
appellate-review case-dismissal civil-procedure court-procedure due-process federal-jurisdiction judicial-discretion legal-justification pleadings procedural-dismissal standing |
Whether the Avgellet Couet ceroRed in dismisSinG 4 prellants Appeal Soe dniluee to cure A defect |
| 23-6336 |
Javier Garibay Mendoza, aka Javier Garibay Mendoza-Romero, aka Jose Mendoza-Romero v. United States |
Ninth Circuit |
2023-12-22 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a circuit-split criminal-sentencing gall-v-united-states judicial-discretion procedural-obligations procedural-requirements sentencing-guidelines upward-variance |
When a court varies upward from the Guidelines, can the court fulfill its procedural obligations without explaining its disagreements with the Guideli… |
| 23-6313 |
In Re Jason D. Fisher |
|
2023-12-21 |
Denied |
IFP |
appellate-jurisdiction appellate-procedure civil-procedure discovery due-process federal-jurisdiction judicial-discretion standing sua-sponte-dismissal |
Do appellate courts and district courts have authority to raise and decide issues without party input? |
| 23-6308 |
Ariel Garcia-Pelico v. Nebraska |
Nebraska |
2023-12-20 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel investigative-procedures judicial-discretion motion-to-reopen procedural-fairness sixth-amendment strickland-v-washington |
Were the trial counsel's actions below the Strickland v. Washington standards? |
| 23-659 |
Harold Jean-Baptiste v. Westside Donut Huntington Ventures LLC |
Second Circuit |
2023-12-19 |
Denied |
|
appeals brief-filing circuit-rules civil-procedure clerk-error court-of-appeals due-process judicial-discretion procedural-error standing |
Whether inexcusable error or neglect by U.S. Court of Appeals for the Second Circuit Clerk granting the defendant permission file an Appellee's brief … |
| 23-6271 |
Tyrone Maddox v. Illinois |
Illinois |
2023-12-15 |
Denied |
IFP |
criminal-procedure evidence evidence-admissibility intent intent-element judicial-discretion narcotics-charge prejudice prejudicial-evidence prior-conviction prior-convictions probative-value |
Whether the trial court erred in admitting Tyrone Maddox's 20-year-old prior conviction for delivery of narcotics on the issue of intent, where the pr… |
| 23-6273 |
Eugene Lucas v. J. N. Ottinger, et al. |
Eleventh Circuit |
2023-12-15 |
Rehearing |
Relisted (2)IFP |
access-to-courts civil-procedure diligence due-process judicial-discretion legal-filing mailbox-rule prison-mailbox-rule prisoner-filing prisoner-rights procedural-diligence |
Can a district Court negate the Prison mailbox rule by finding A prisoner did not show diligence |
| 23-6256 |
Kenneth Ray Brabham v. Florida |
Florida |
2023-12-14 |
Denied |
IFP |
civil-rights constitutional-violation due-process judicial-discretion judicial-misconduct prosecutorial-misconduct structural-defect structural-error sua-sponte trial-procedure |
Whether a trial judge's sua sponte actions create the appearance of partiality |
| 23-6262 |
Raymond Clyde Robideau v. Minnesota |
Minnesota |
2023-12-14 |
Denied |
IFP |
aggravating-factors constitutional-rights criminal-procedure double-jeopardy judicial-discretion jury-trial jury-trial-waiver remand state-remand waiver |
Is a court required to obtain a renewed jury-trial waiver when the State amends its Aggravating Factor[s] after remand from State's Highest Court, and… |
| 23A534 |
Jay Hymas, dba Dosmen Farms v. Department of Interior |
Ninth Circuit |
2023-12-12 |
Presumed Complete |
|
civil-litigation court-fees filing-fees in-forma-pauperis judicial-discretion statutory-interpretation |
Whether 28 U.S.C. § 1915(a)(1) permits district courts to impose partial filing fees on non-prisoner civil litigants or requires complete fee waiver |
| 23-6186 |
Guillermo Borboa, aka Omar Gabriel Borboa v. United States |
Eighth Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
28-usc-2255 abuse-of-power appellate-review civil-procedure civil-rights due-process fifth-amendment judicial-discretion standing subject-matter-jurisdiction |
Was the District Court and the Eighth Circuit Court of Appeals in error in dismissing a MOTION FOR IMMEDIATE RELEASE DUE TO COURTS LACK OF SUBJECT-MAT… |
| 23-596 |
Yoseph Yadessa Kenno v. Colorado Governor's Office of Information Technology, et al. |
Tenth Circuit |
2023-12-05 |
Denied |
Response WaivedRelisted (2) |
circuit-split civil-procedure due-process judicial-discretion newly-discovered-evidence pro-se pro-se-litigation rule-59 rule-59-motion spoliation-of-evidence |
Whether the Lower Courts violated Supreme Court precedents governing pro se pleading |
| 23-6162 |
James Williams v. United States |
Third Circuit |
2023-12-05 |
Denied |
Response WaivedIFP |
6th-amendment court-appointed-counsel criminal-procedure irreconcilable-differences judicial-discretion mckaskle-v-wiggins pro-se pro-se-representation right-to-counsel sixth-amendment waiver |
When a defendant takes reasonable steps to remedy perceived irreconcilable differences with court-appointed attorney, does the 6th Amendment afford th… |
| 23-6148 |
Lawrence Jeffrey Brooks v. United States |
Fourth Circuit |
2023-12-01 |
Denied |
Response WaivedIFP |
appellate-procedure civil-procedure district-court drug-quantity due-process judicial-discretion judicial-transfer motion-to-dismiss sentencing sentencing-enhancement standard-of-review transfer-of-venue |
Whether the District Court erred by transferring the case back to the original District Court Judge |
| 23A493 |
Indiezone, Inc., et al. v. Todd Rooke, et al. |
Ninth Circuit |
2023-12-01 |
Presumed Complete |
|
covid-19-restrictions electronic-filing excusable-neglect federal-appellate-procedure good-cause judicial-discretion |
Whether federal courts must distinguish between 'excusable neglect' and 'good cause' when evaluating untimely filing of a notice of appeal during extr… |
| 23A495 |
Markos Pappas v. United States |
Second Circuit |
2023-12-01 |
Presumed Complete |
|
18-usc-3142 detention-hearing due-process fair-hearing judicial-discretion risk-of-flight |
Whether a district court judge's arbitrary time limitation on a detention hearing violates a defendant's due process rights to a full and fair hearing… |
| 23-6111 |
Lawrence Remsen, et al. v. Jennifer Shaffer, et al. |
California |
2023-11-28 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-principles criminal-procedure due-process equal-protection judicial-discretion legislative-intent sentencing sentencing-law |
Did the States Highest Court abuse its discretion when it failed to acknowledge the State's Legislature had repealed its indeterminate Sentencing Law … |
| 23-6112 |
Derek Paul Smyer v. Bryan D. Phillips, Acting Warden |
Ninth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
administrative-law appellate-review certificate-of-appealability civil-procedure civil-rights due-process equal-protection habeas-corpus judicial-discretion ninth-circuit standing third-party-culpability |
Whether the United States Ninth Circuit Court of Appeals erred when it failed or refused to apply the correct legal standard in evaluating the plainti… |
| 23-6117 |
Gordon Lagerstrom v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
appeals appellate-review certificate-of-appealability circuit-court civil-procedure federal-rules-of-appellate-procedure judicial-discretion procedural-motion standing |
Whether a single circuit court judge may deny a motion for certificate of appealability under Fed. R. App. P. 27(c)? |
| 23-6119 |
Amanda Lyn Walker v. United States |
Tenth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
child-abuse constitutional-vagueness criminal-statute cruel-and-unusual-punishment due-process enabling-child-abuse judicial-discretion sentencing-range statutory-interpretation unconstitutionally-vague |
Whether a criminal statute with a sentencing range of not exceeding one year imprisonment in a county jail or not exceeding life imprisonment at the D… |
| 23-565 |
Hasbro, Inc., et al. v. Markham Concepts, Inc., et al. |
First Circuit |
2023-11-27 |
Denied |
|
attorneys-fees circuit-split copyright copyright-act-section-505 copyright-law discretion judicial-discretion kirtsaeng-standard kirtsaeng-v-john-wiley prevailing-party |
What is the appropriate standard for awarding attorneys' fees to a prevailing party under Section 505 of the Copyright Act? |
| 23-6076 |
Timothy Ricardo Pedraza v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-22 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights due-process judicial-discretion liberty-interest parole parole-eligibility statutory-interpretation texas |
Whether a State or US Court of Appeals abused its discretion and/or committed plain error for a misapplication of state law (statute) |
| 23-6097 |
Montrez Duncan v. United States |
Sixth Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
appellate-review constitutional-vindictiveness conviction criminal-sentencing double-jeopardy due-process judicial-discretion resentencing sentencing unconstitutional |
Is a court constitutionally vindictive in violation of due process when, after it vacates the conviction and sentence on a count that was deemed uncon… |
| 23-6098 |
Ricardo Dinnall v. United States |
Fourth Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-justice criminal-procedure district-court federal-sentencing first-step-act judicial-discretion sentencing-reduction sentencing-reform statutory-interpretation |
Whether Concepcion v. United States, 142 S. Ct. 2389 (2022), requires district courts to consider all nonfrivolous arguments raised by the patties in … |
| 23-6079 |
Santos David Ramirez-Ortega v. United States |
Fifth Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
appellate-review conflict-with-other-courts criminal-procedure district-court guideline-range holguin-hernandez judicial-discretion sentencing-guidelines substantial-arguments |
Whether a party may obtain appellate relief when the district court fails to reference or address substantial arguments for a sentence outside the Gui… |
| 23A459 |
Julian R. Ash v. United States District Court for the District of Maryland |
Fourth Circuit |
2023-11-21 |
Presumed Complete |
|
circuit-court due-process judicial-discretion judicial-removal mandamus procedural-fairness |
Whether a federal court improperly removed a judge from a case without providing a substantive explanation for the removal and potentially violating d… |
| 23-515 |
Amory Investments LLC, et al. v. Utrecht-America Holdings, Inc., et al. |
Seventh Circuit |
2023-11-15 |
Denied |
|
circuit-split civil-procedure federal-rules federal-rules-of-civil-procedure judicial-discretion motion-to-dismiss procedural-rights rule-12(b)(6) rule-56 summary-judgment |
Is the Seventh Circuit correct that a district court may 'effectively grant summary judgment' under Rule 56 without providing plaintiffs their procedu… |
| 23-5992 |
In Re John Bailey |
|
2023-11-13 |
Denied |
Relisted (3)IFP |
constitutional-rights due-process equal-protection habitual-offender judicial-discretion jury-selection legal-interpretation sentencing state-law trial-procedure unconstitutional |
Question not identified |
| 23-5983 |
Eric Spencer v. United States |
Second Circuit |
2023-11-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review court-procedure de-novo-review district-court evidence evidence-rules hearsay hearsay-evidence judicial-discretion standard-of-review |
Should the Court of Appeals apply an abuse of discretion standard or engage in de novo review when reviewing a district court's ruling to admit hearsa… |
| 23-5935 |
Michael Ray Thomas v. Adam Douglas, Warden |
Sixth Circuit |
2023-11-01 |
Denied |
IFP |
appellate-review civil-rights criminal-procedure due-process first-amendment ineffective-assistance judicial-discretion prosecutorial-misconduct standing sua-sponte-appointment sufficiency-of-evidence |
Whether a court of appeals may force a petitioner to proceed on appeal without the assistance of counsel after a district court ordered the appointmen… |
| 23-5915 |
Keith Alexander v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2023-10-31 |
Denied |
IFP |
abuse-of-discretion appellate-review appointment-of-counsel civil-rights constitutional-rights district-court due-process evidence habeas-corpus judicial-discretion procedural-error standard-of-review |
Whether the district court abused its discretion when it refused to appoint counsel for the appellant and denied the appellant due process and the rig… |
| 23-5892 |
Shane Woodgeard v. Timothy Heavlin, et al. |
Ohio |
2023-10-26 |
Denied |
IFP |
abuse-of-discretion bond-setting case-consolidation change-of-venue civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process judicial-discretion judicial-recusal venue-change |
Did a lower Court violate Rights in issuing an unheard of, $100,000 bond on a misdemeanor, when there was overwhelming evidence showing there was no c… |
| 23-5885 |
Donald Lee Kissner v. Heidi E. Washington, Director, Michigan Department of Corrections, et al. |
Sixth Circuit |
2023-10-25 |
Dismissed |
Response WaivedIFP |
civil-rights collateral-consequences constitutional-rights criminal-procedure due-process fact-finding-hearing judicial-discretion parole-revocation preliminary-hearing procedural-error |
Did the Sixth Circuit Court of Appeals abuse its discretion when it claimed Mr. Bissner's appeal was frivolous? |
| 23A374 |
Gina Russomanno v. Sunovion Pharmaceuticals Inc., et al. |
Third Circuit |
2023-10-25 |
Presumed Complete |
|
abuse-of-discretion adequate-remedy curative-remedy judicial-discretion rule-12b6 void-judgment |
Whether a district court's Rule 12(b)(6) dismissal without providing a curative remedy constitutes an abuse of judicial discretion that renders the ju… |
| 23-5866 |
James Allen Brickley, Jr. v. Marie Laurence Gloria Joseph-Stephen |
Texas |
2023-10-24 |
Denied |
IFP |
best-interest best-interest-standard civil-procedure due-process evidentiary-sufficiency judicial-discretion parental-rights pro-se-litigation standing termination termination-proceedings |
Sufficiency of evidence to terminate parental rights |
| 23-414 |
Devon Archer v. United States |
Second Circuit |
2023-10-19 |
Denied |
Amici (1) |
circuit-split criminal-procedure discretion judicial-discretion manifest-injustice new-trial new-trial-standard rule-33 second-circuit weight-of-evidence |
Whether district courts have discretion under Federal Rule of Criminal Procedure 33 to order a new trial based on the weight of the evidence, even in … |
| 23-5839 |
Cesar Humberto Valencia-Terrazas v. United States |
Fifth Circuit |
2023-10-19 |
Denied |
Response WaivedIFP |
case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment statutory-interpretation supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5798 |
Edgar Eugene Oliver v. Florida Commission on Offender Review |
Florida |
2023-10-18 |
Denied |
Relisted (2)IFP |
administrative-law civil-rights constitutional-interpretation constitutional-law due-process judicial-discretion judicial-review offender-review separation-of-powers state-agency-power supreme-court-authority |
Does the Florida Commission on Offender Review have the freedom to disobey the United States Supreme Court, the Constitution of the United States, the… |
| 23-394 |
Thurayyah Z. Richardson v. The Procter and Gamble Company, et al. |
New York |
2023-10-13 |
Denied |
|
abuse-of-discretion appellate-review civil-procedure constitutional-rights due-process fifth-amendment fourteenth-amendment judicial-discretion material-facts summary-judgment |
Where a trial court resolving summary judgment denies due process |
| 23-5776 |
Andrea Lamont Medlock v. United States |
Fifth Circuit |
2023-10-12 |
Denied |
Response WaivedIFP |
criminal-procedure federal-authority imprisonment-review judicial-discretion plain-error reasonableness revocation sentencing-review sentencing-standards standard-of-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 23-5779 |
Donovan Romo v. United States |
Ninth Circuit |
2023-10-12 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process forfeiture-doctrine judicial-discretion plain-error 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,… |
| 23-378 |
Joel Douglas, et al. v. David Hirshon, et al. |
First Circuit |
2023-10-11 |
Denied |
|
civil-procedure district-court extrinsic-documents extrinsic-evidence judicial-discretion legal-procedure motion-to-dismiss pleadings public-records standard-of-review |
Whether the District Court was required to consider extrinsic documents that were public records or not directly challenged by anyone attached to the … |
| 23-5724 |
Taylor Scott Meece v. Wyoming |
Wyoming |
2023-10-05 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights due-process fair-trial fourteenth-amendment fourth-amendment judicial-discretion prosecutorial-misconduct sixth-amendment supreme-court-procedure |
Did the Wyoming Supreme Court abuse its discretion in affirming the conviction and sentence? |
| 23-354 |
Wolfgang Von Vader v. United States |
Seventh Circuit |
2023-10-03 |
Denied |
Response Waived |
18-usc-3582 changes-in-law criminal-sentencing extraordinary-and-compelling-reasons extraordinary-circumstances federal-criminal-law judicial-discretion sentence-modification sentence-reduction sentencing-reduction statutory-interpretation |
Whether courts may consider changes in the law in assessing whether 'extraordinary and compelling reasons' warrant a sentence reduction under section … |
| 23-5699 |
Jose J. Galiany-Cruz v. United States |
First Circuit |
2023-10-03 |
Denied |
Response WaivedIFP |
compassionate-release criminal-justice criminal-procedure district-court district-court-authority extraordinary-and-compelling-reasons federal-sentencing judicial-discretion sentencing sentencing-guidelines united-states-sentencing-guidelines |
Does a district court have the authority to determine what constitutes 'extraordinary and compelling reasons' warranting compassionate release or are … |
| 23-5698 |
Roy Christopher West v. United States |
Sixth Circuit |
2023-10-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split compassionate-release concepcion-v-united-states district-court-discretion equal-protection extraordinary-and-compelling-reasons first-step-act judicial-discretion sentencing-disparity |
Whether the Sixth Circuit's threshold for extraordinary and compelling reasons under the First Step Act of 2018 Compassionate Release is erroneous and… |
| 23-297 |
Lawrence T. Newman v. Robert York |
Indiana |
2023-09-26 |
Denied |
Response Waived |
appellate-procedure appellate-review attorney-fees civil-procedure constitutional-rights due-process judicial-discretion res-judicata |
Whether the Indiana courts' judgments violated Newman's Constitutional rights to due process by denying hearings, imposing punitive attorney fee award… |
| 23-5624 |
Charles M. Porter v. United States District Court for the Middle District of Florida |
Eleventh Circuit |
2023-09-21 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment civil-rights criminal-procedure due-process extraordinary-circumstances judicial-discretion law-enforcement probable-cause trial-court-error warrantless-arrest |
Whether the warrantless arrest is unlawful due to insufficient probable cause |
| 23-5617 |
Anthony Castillo Sanchez v. Christe Quick, Warden |
Tenth Circuit |
2023-09-20 |
Denied |
IFP |
abandoned-clients attorney-abandonment capital-punishment civil-procedure court-procedure dilatory-removal district-court habeas-corpus judicial-discretion procedural-delay stay-of-execution |
Whether a District Court can deny a stay of execution when it has been dilatory in removing attorneys who abandoned their clients until a month before… |
| 23-5599 |
Juan Manuel Amaya-Castaneda v. United States |
Fifth Circuit |
2023-09-18 |
Denied |
Response WaivedIFP |
almendarez-torres appellate-review criminal-procedure judicial-discretion prior-conviction-exception prior-convictions sentencing sentencing-guidelines sixth-amendment |
Whether a party may obtain appellate relief when the district court fails to address substantial arguments for a sentence outside the Guideline range |
| 23-5600 |
Richard D. Bostwick v. Massachusetts Executive Office of Health and Human Services, et al. |
Massachusetts |
2023-09-15 |
Denied |
Response WaivedIFP |
appeals bankruptcy bankruptcy-stay civil-procedure discretion due-process judicial-discretion motion-to-vacate standing time-limitation |
Whether Bostwick's Appeal was NOT Reviewed by the Lower Courts (Appeals Case No. 21-P-721) given Bostwick's Notice of Appeal |
| 23-5569 |
Francisco Gutierrez v. United States |
Ninth Circuit |
2023-09-14 |
Denied |
Response WaivedIFP |
appeal appellate-procedure criminal-procedure de-novo-resentencing de-novo-review judicial-discretion law-of-case law-of-the-case open-record resentencing sentencing |
Does law of the case apply to an appeal from a de novo resentencing on an open record? |
| 23-5559 |
Jarrish Outlaw v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2023-09-13 |
Denied |
Response WaivedIFP |
appellate-jurisdiction appellate-procedure civil-procedure civil-rights due-process judicial-discretion legal-remedy manifest-injustice manifest-of-injustice standing supreme-court-review writ-jurisdiction |
Whether the Florida Supreme Court erred in denying the petitioner's petition to invoke all writ jurisdiction on a manifest of injustice claim |
| 23-5564 |
Trent Steven Griffin, Sr. v. United States District Court for the Northern District of Texas |
Fifth Circuit |
2023-09-13 |
Denied |
IFP |
abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process federal-rules federal-rules-of-civil-procedure judicial-discretion jury-trial motion-to-dismiss procedural-misconduct standing |
Whether a judge had the power or authority to take certain actions in a civil rights case |
| 23-5548 |
Christian R. Aguirre-Hodge v. Charles E. Larson |
Seventh Circuit |
2023-09-08 |
Denied |
Response WaivedIFP |
civil-rights counsel-recruitment due-process in-forma-pauperis indigent-plaintiff judicial-discretion pro-se-litigation recruitment-of-counsel standing visual-impairment |
Whether a visually impaired plaintiff's case exceeds their capacity to coherently present it to the judge or jury |
| 23-5536 |
Kinley MacDonald v. Maine |
First Circuit |
2023-09-07 |
Denied |
Relisted (2)IFP |
child-protection child-welfare civil-rights criminal-procedure due-process family-law hearsay-evidence judicial-discretion standing |
Whether a state trial court can open a child protection case based solely on hearsay accusations prohibited by state statute, set bail/bond conditions… |
| 23-5514 |
Rodger William Dillard v. Wyoming |
Wyoming |
2023-09-05 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion alford-plea appeal court-rules criminal-procedure due-process judicial-abuse judicial-discretion plea-bargaining plea-withdrawal sentence-correction sentencing |
Did the District in and for Natrona County 7th Judicial Abuse its power |
| 23-5517 |
Kamar Laquan Cox v. United States |
Sixth Circuit |
2023-09-05 |
Denied |
Response WaivedIFP |
acquittal criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-5491 |
Saundra S. Brooke v. Vanderbilt Mortgage and Finance, Inc. |
Fourth Circuit |
2023-08-31 |
Denied |
IFP |
abuse-of-discretion bankruptcy bankruptcy-law circuit-court civil-procedure court-procedure due-process evidence evidence-withholding exculpatory-evidence judicial-discretion standing |
Whether the lower court abused her discretion |
| 23-5495 |
SirMichael Dyess v. California |
California |
2023-08-31 |
Denied |
IFP |
abuse-of-discretion ada appellate-procedure civil-rights constitutional-rights due-process evidence ineffective-counsel judicial-discretion judicial-misconduct post-conviction-review procedural-default |
Whether the District Court violated ADA rights under Title II, whether the District Court's procedural and evidentiary rulings constituted an abuse of… |
| 23-5464 |
Patrick Okeyo v. USCIS, Newark Office, et al. |
Third Circuit |
2023-08-29 |
Denied |
Response WaivedRelisted (3)IFP |
appellate-review case-reopening civil-procedure civil-rights deprivation due-process judicial-discretion legal-procedure standing third-circuit |
Whether the Third Circuit Court erred in reopening case #22-1875 |
| 23-5413 |
Christopher Ray Lipska, aka Christopher Ray Hare v. Oregon |
Oregon |
2023-08-23 |
Denied |
IFP |
child-abuse child-sexual-abuse criminal-procedure evidence evidence-admissibility judicial-discretion prior-convictions sentencing sentencing-proportionality sexual-abuse |
In an ECSA and unlawful contact with a trial, does a trial court abuse its OEC 401, 402, 403 discretion by allowing the state to present evidence that… |
| 23-5405 |
David Petersen v. United States |
Eleventh Circuit |
2023-08-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights court-errors due-process fourteenth-amendment integrity-of-judicial-process judicial-discretion judicial-process material-errors securities-fraud |
Is it a violation of due process when any court makes no effort to address or remedy material abuses of discretion and material errors on the record? |
| 23-158 |
Dora L. Adkins v. Fitness International, LLC |
Fourth Circuit |
2023-08-18 |
Denied |
|
civil-procedure complaint-dismissal dismissal district-court district-court-order emergency-complaint fourth-circuit in-forma-pauperis judicial-discretion standing |
Whether the U.S. Court of Appeals for the Fourth Circuit properly affirmed the district court's order denying the plaintiff's requests and dismissing … |
| 23-5389 |
Wilfredo Rodriguez v. United States |
Eleventh Circuit |
2023-08-18 |
Denied |
Response WaivedIFP |
appellate-review circuit-split colorable-claim criminal-procedure district-court-discretion due-process federal-criminal-procedure judicial-discretion judicial-response sentencing sentencing-argument |
Where a federal criminal defendant raises a colorable sentencing argument, must the district court acknowledge and respond to it? |
| 23-5363 |
Kyle Richard Bishop v. Georgia |
Georgia |
2023-08-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process judicial-discretion jurisdiction mitigating-factors sentencing-guidelines standing |
Whether the U.S. Constitution allows the conviction of a U.S. citizen without an indictment |
| 23-5357 |
Carlos Edwin Smith, Jr. v. United States |
Fourth Circuit |
2023-08-15 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a adult-sentencing adverse-childhood-experiences criminal-procedure criminal-sentencing district-court judicial-discretion mitigation-factors relevancy sentencing-guidelines |
Whether a district court fully considers the factors set forth in 18 U.S.C. § 3553(a) when sentencing a defendant if it questions the relevancy of adv… |
| 23-5340 |
Lewis Gilmore Hurst v. United States |
Fifth Circuit |
2023-08-11 |
Denied |
Response WaivedIFP |
18-usc-3582 appellate-review court-of-appeals criminal-sentencing due-process fifth-circuit judicial-discretion sentencing-errors statutory-interpretation |
Whether the Court of Appeals for the Fifth Circuit may prohibit consideration of sentencing errors under 18 USC §3582(c)(1)(A) |
| 23-5310 |
Joseph Tyshawn Darren Favorite v. United States |
Sixth Circuit |
2023-08-09 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
burden-of-proof confrontation-clause criminal-conduct criminal-procedure due-process evidentiary-standards judicial-discretion police-report sentencing-enhancement uncorroborated-accusation |
Whether the Court may rely on an uncorroborated accusation of criminal conduct in a police report to enhance a defendant's sentence when the report is… |
| 23-5313 |
Leonardo Roque v. Eddie M. Buffaloe, Jr., Secretary, North Carolina Department of Public Safety |
Fourth Circuit |
2023-08-09 |
Denied |
Relisted (2)IFP |
appellate-review certiorari civil-procedure constitutional-merit due-process equitable-tolling fourth-circuit habeas-corpus judicial-discretion procedural-ruling standing statute-of-limitations |
Did the Fourth Circuit Court of Appeals commit Error when that court Denied Petitioner's Certificate of Appealability |
| 23-5316 |
Aaron J. Bressi v. Tracy McCloud, et al. |
Third Circuit |
2023-08-09 |
Dismissed |
IFP |
abuse-of-discretion civil-procedure court-dismissal due-process failure-to-state-a-claim judicial-discretion legal-procedure pro-se-litigation public-interest standing |
How does this Complaint get dismissed by Both the Honorable District Court, and the Honorable Appeals Court, Sor Failure To State a Claim |
| 23-5317 |
Aaron J. Bressi v. Jeffery Brennen, et al. |
Third Circuit |
2023-08-09 |
Dismissed |
Response WaivedIFP |
abuse-of-discretion case-dismissal civil-procedure court-procedure due-process failure-to-state-a-claim failure-to-state-claim judicial-discretion legal-review procedural-dismissal public-interest standing |
How does this Complaint get dismissed by Both the Honorable District Court and the Honorable Appeals Court, for Failure to State a Claim |
| 23-5318 |
Aaron J. Bressi v. John Gembic, et al. |
Third Circuit |
2023-08-09 |
Dismissed |
Response WaivedIFP |
abuse-of-discretion case-dismissal civil-procedure complaint-dismissal court-procedure due-process failure-to-state-claim judicial-discretion jurisdiction legal-review public-interest standing |
How does this Complaint get dismissed by Both the Honorable District Court, and the Honorable Appeals Court, Sor failure To State a Claim |
| 23-5276 |
German Martinez v. United States |
Fifth Circuit |
2023-08-03 |
Denied |
Response WaivedIFP |
appellate-review appellate-standard circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-guidelines sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 23-5246 |
Aaron Abadi v. Caesars Entertainment, Inc. |
Ninth Circuit |
2023-07-31 |
Denied |
Response WaivedIFP |
access-to-courts circuit-court-procedure civil-rights due-process equal-protection fourteenth-amendment in-forma-pauperis judicial-discretion pro-se-litigants pro-se-litigation standing |
Can the Circuit Courts of Appeals treat indigent pro se litigants differently than they treat litigants who can afford attorneys, by just dismissing t… |
| 23-87 |
Cody A. Craig v. Emma R. Solorzano |
Maine |
2023-07-31 |
Denied |
|
civil-rights constitutional-law due-process first-amendment free-exercise judicial-discretion parental-rights religious-freedom |
Does a court decision limiting parental rights based on disapproval of a parent's religious views violate the Free Exercise Clause? |
| 23-5212 |
DeAndra Stephenson v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2023-07-26 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process federal-procedure federal-rules habeas-corpus judicial-discretion newly-discovered-evidence notice-requirement standing sua-sponte-dismissal |
Whether the Eighth Circuit Court of Appeals erred in denying petitioner's motion for rehearing en banc, which sought review of the district court's de… |
| 23-5213 |
Deangelo Devon Grant v. United States |
Sixth Circuit |
2023-07-26 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process indictment indictment-interpretation judicial-discretion methamphetamine methamphetamine-weight sentencing-guidelines |
Does utilizing a provision of the United States Sentencing Guidelines for 'actual' weight of methamphetamine, rather than the charged offense of 'mixt… |
| 23-5219 |
Jerry Wilson, aka Steve Vic Parker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2023-07-26 |
Denied |
IFP |
civil-rights constitutional-law cruel-and-unusual-punishment due-process equal-protection habeas-corpus judicial-discretion standing statutory-interpretation |
Is a United States Citizen Wrongfully Imprisoned, LIFE-IN-DANGER |
| 23-5189 |
Tyree Steele v. United States |
Third Circuit |
2023-07-25 |
Denied |
Response WaivedIFP |
criminal-sentencing due-process federal-courts imprisonment judicial-discretion rehabilitation rehabilitative-purpose sentencing-reform-act statutory-interpretation |
Whether a district court violates the Sentencing Reform Act's ban on imprisonment as a rehabilitative measure |
| 23-5177 |
Kenneth Ragan-Armstrong v. United States |
Fourth Circuit |
2023-07-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion plain-error procedural-reasonableness sentencing sentencing-conditions supervised-release |
Whether the district court plainly erred in imposing special conditions of supervision without explaining why such conditions were necessary or approp… |
| 23-5163 |
Michael Joseph Formica v. Virginia |
Virginia |
2023-07-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure district-court due-process evidence exculpatory-evidence impeachment judicial-discretion standing |
Whether the Circuit Court for the City of Corvallis violated the Fourth Amendment by failing to compel the Multnomah County District Attorney's office… |
| 23-5170 |
Peter Robert Jordan, aka Richard Mercer v. United States |
Fourth Circuit |
2023-07-21 |
Denied |
Response WaivedIFP |
aggregate-sentence covered-counts criminal-law criminal-sentencing federal-sentencing first-step-act judicial-discretion non-covered-counts sentencing-reduction statutory-interpretation |
Whether Section 404(b) of the First Step Act authorizes the lower courts to impose a reduced aggregate sentence on both covered and non-covered counts… |
| 23-57 |
Julio Yee Cabrera, et al. v. Enrique Lozano, et al. |
Ninth Circuit |
2023-07-21 |
Denied |
|
appellate-discretion attorney-fees circuit-court-procedure civil-procedure due-process judicial-discretion judicial-reasoning judicial-transparency legal-reasoning procedural-review standing transparency |
Whether a U.S. Court of Appeals panel has unfettered discretion in every matter to withhold all indication of its reasons for ruling |
| 23-5146 |
Santos Rosales Martinez v. Iowa |
Iowa |
2023-07-20 |
Denied |
Response WaivedIFP |
abuse-of-discretion actual-innocence constitutional-rule habeas-corpus iowa-constitution iowa-courts judicial-discretion new-rule-of-law schlup-test schlup-v-delo schmidt-v-state |
Whether the Iowa Courts have failed to properly adjudicate the Petitioner's actual-innocence claims |
| 23-5142 |
Joseph Counts v. Maine |
First Circuit |
2023-07-19 |
Denied |
Response WaivedRelisted (3)IFP |
appeals appellate-review civil-procedure civil-rights constitutional-rights court-interpretation due-process judicial-discretion legal-procedure procedural-rules standing stare-decisis |
Where the proper way for lower courts to handle the penumbra of filings |
| 23-5117 |
In Re Jeffrey Alonzo Simms |
|
2023-07-18 |
Denied |
Response WaivedRelisted (2)IFP |
ada-compliance americans-with-disabilities-act civil-procedure civil-rights constitutional-law court-procedure disability-rights due-process judicial-discretion legal-documentation procedural-due-process standing |
Whether the judge erred in refusing to read legal documentation of law from the petitioner with disabilities |
| 23-5128 |
In Re Mark T. Stinson, Sr. |
|
2023-07-18 |
Dismissed |
Response WaivedIFP |
6th-circuit abuse-of-discretion appellate-review circuit-court federal-rules-of-civil-procedure habeas-corpus judicial-discretion mandamus motion-denial rule-60b section-2255 |
Did the United States Court of Appeals for the Sixth Circuit abuse its discretion by refusing to answer Stinson's § 2255 motion? |
| 23-5113 |
Charleton Maxwell v. United States |
Eighth Circuit |
2023-07-17 |
Denied |
Response WaivedIFP |
8th-circuit conservative-estimate criminal-procedure drug-quantity due-process federal-sentencing judicial-discretion sentencing sentencing-guidelines walton-rule |
Whether a higher degree of protection is required by the due process clause when the sentencing judge uses a mere preponderance standard to determine … |
| 23-5097 |
Allen Auten v. California |
California |
2023-07-13 |
Denied |
Response RequestedIFP |
14th-amendment civil-rights constitutional-interpretation due-process habeas-corpus judicial-discretion legislative-intent parole sentencing sentencing-structure standing |
Whether the California Supreme Court prejudicially abused its discretion and acted in excess of jurisdiction when it refused to issue a decision on th… |
| 23-5083 |
James Calfee v. Texas |
Texas |
2023-07-12 |
Denied |
IFP |
appeal constitutional-rights criminal-procedure due-process evidence exculpatory-evidence fair-trial government-powers judicial-discretion |
Did Potttoner cits to due Process of the Courkeentn Wendt wf We ducted stude's Const. Wo lated |
| 23-27 |
Michael Harper v. United States |
Eleventh Circuit |
2023-07-10 |
Denied |
|
apprendi-v-new-jersey circuit-split criminal-resentencing drug-quantity fair-sentencing-act first-step-act judicial-discretion sentencing sentencing-reduction statutory-penalty terry-v-united-states |
Whether the Eleventh Circuit has violated Terry in holding that, at step one, district courts should disregard the 'elements' of a defendant's offense… |
| 23-5047 |
Omar Javier Torres v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-06 |
Denied |
IFP |
civil-rights constitutional-claims due-process federal-procedure habeas-corpus judicial-discretion miscarriage-of-justice state-court-findings |
Whether the federal court of appeals abused its discretion |
| 23-5052 |
Richie A. Stokes, Jr. v. New York |
New York |
2023-07-06 |
Denied |
IFP |
constitutional-rights court-dismissal criminal-procedure due-process evidence judicial-discretion jury-tampering legal-standards prosecutorial-misconduct speedy-trial |
Whether the district court erred in dismissing the indictment against the defendant |
| 23-11 |
Gary Victor Dubin v. United States District Court for the District of Hawaii |
Ninth Circuit |
2023-07-05 |
Denied |
Response WaivedRelisted (2) |
abuse-of-discretion americans-with-disabilities-act appellate-procedure claims-processing-rule due-process equal-protection judicial-discretion temporary-disability |
Whether the dismissal of timely filed appeals for failure to file opening briefs, a claims processing rule, without verifying the factual circumstance… |
| 23-5028 |
Eric St. George v. E. E. |
Colorado |
2023-07-05 |
Denied |
IFP |
12b6-dismissal amendment civil-procedure dismissal due-process judicial-discretion motion-to-amend pleading-standards pro-se pro-se-plaintiff standing |
Is it permissible for a State District Court to deny a pro-se plaintiff every motion to amend,to never allow an amendment to a meritorious case,to dis… |
| 23-5014 |
Jamie Williams v. United States |
Eleventh Circuit |
2023-07-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apprendi apprendi-rule crack-cocaine-law crack-cocaine-sentencing discretionary-relief eleventh-circuit first-step-act judicial-discretion sentencing-facts sentencing-reduction |
Do this Court's First Step Act precedents admit of the uniquely Eleventh Circuit's intermediate step whereby, for the discrete group of individuals st… |
| 23-5006 |
Robert Timothy Blake v. United States |
Fifth Circuit |
2023-06-30 |
Denied |
Response WaivedIFP |
abuse-of-discretion appeal appellate-procedure case-consolidation consolidation due-process judicial-discretion prejudice procedural-fairness relevant-issues |
Whether a defendant may suffer prejudice when a court orders consolidation of cases where one case will lose its specific issues raised on appeal |
| 22-7873 |
Aguina Aguina v. Choong-Dae Kang, et al. |
Ninth Circuit |
2023-06-27 |
Denied |
Response WaivedIFP |
article-iii bankruptcy-settlement constitutional-authority court-of-appeals judicial-discretion ninth-circuit public-policy rooker-feldman-doctrine |
Did the Court of Appeals for the Ninth Circuit err in approving the settlement of Trustee's and petitioner ex-wife's dispute |
| 22-7868 |
Lawrence Broviak v. Florida |
Florida |
2023-06-26 |
Denied |
IFP |
criminal-procedure due-process equal-protection expungement judicial-bias judicial-discretion legal-remedy sentence-commutation sentencing vindictive-sentencing |
Can a vindictive sentence be expunged due to personal bias committed by a judge? |
| 22-7849 |
Jensen Ken Alexander v. Joseph Ely, et al. |
Fourth Circuit |
2023-06-22 |
Denied |
IFP |
civil-rights constitutional-interpretation criminal-procedure damages due-process free-speech judicial-discretion legal-standards religious-claims standing state-court-review |
Whether the regional ombudsman and the officials of the Common Cause Task Force violated the Petitioner's First Amendment rights under the U.S. Consti… |
| 22-7827 |
Scott Anderson v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. |
Third Circuit |
2023-06-21 |
Denied |
IFP |
abuse-of-discretion burden-of-proof certificate-of-appealability criminal-procedure due-process judicial-discretion legal-innocence reasonable-jurist sufficiency-of-evidence |
Is a defendant legally and factually innocent if the State fails to prove each and every element of the crime? |
| 22-7829 |
James Platte, Jr. v. Sarah Schroeder, Warden |
Sixth Circuit |
2023-06-21 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights due-process hybrid-representation judicial-discretion self-representation standing trial-court |
Did the trial court's substitution of hybrid representation over self-representation violate petitioners' constitutional rights? |
| 22-7820 |
Annamalai Annamalai v. United States |
Eleventh Circuit |
2023-06-20 |
Denied |
Response WaivedIFP |
abuse-of-discretion due-process fair-trial impartiality judicial-bias judicial-discretion judicial-recusal recusal sentencing |
Whether the district court abused its discretion by failing to recuse itself due to the appearance of impartiality |
| 22-1215 |
Darren Thomas Delafield v. Gerard R. Vetter, Acting United States Trustee |
Fourth Circuit |
2023-06-16 |
Denied |
|
attorney-client-privilege bad-faith bankruptcy bankruptcy-sanctions due-process judicial-discretion non-compensatory-punitive-damages professional-conduct sanctions subpoena |
Did the Bankruptcy Court abuse its discretion by sanctioning Delafield for asserting attorney-client privilege on behalf of his clients? |
| 22-1218 |
Wendy Smith, et al. v. Keith Spizzirri, et al. |
Ninth Circuit |
2023-06-16 |
Judgment Issued |
Amici (3)Response RequestedRelisted (3) |
arbitration-agreement circuit-conflict circuit-split dismiss district-court-procedure federal-arbitration-act judicial-discretion section-3 statutory-interpretation stay |
Whether Section 3 of the FAA requires district courts to stay a lawsuit pending arbitration, or whether district courts have discretion to dismiss whe… |
| 22-7785 |
Christopher Lewis Tucker v. United States |
Fourth Circuit |
2023-06-14 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process forcible-medication involuntary-medication judicial-discretion mental-competency mental-health pretrial-custody pretrial-detention sell-standard |
Whether a district court may order forcible medication under Sell v. United States when (1) record evidence shows that the government has already trie… |
| 22-7786 |
Lei Yin v. Biogen Inc. |
First Circuit |
2023-06-14 |
Denied |
Response WaivedRelisted (3)IFP |
access-to-justice civil-procedure civil-rights due-process federal-court-procedure judicial-discretion legal-representation pro-se pro-se-rights standing |
Whether the Pro Se Rights shall be preserved in Federal Court System? |
| 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? |
| 22-7740 |
Chelsea Shannon McIntyre v. United States |
Ninth Circuit |
2023-06-09 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure due-process judicial-discretion policy predicate-convictions sentencing-guidelines |
Did Ms. McIntyre receive due process of law where the district applied Career Offender Guidelines, lacking a sound basis in policy, and leading to a c… |
| 22-1188 |
Douglas K. Smith v. Eric Terry |
Fifth Circuit |
2023-06-08 |
Denied |
Response Waived |
abuse-of-discretion appellant-brief appellate-procedure bankruptcy circuit-court civil-procedure dismissal-of-appeal extension-of-time judicial-discretion procedural-dismissal |
Whether the Circuit Court's March 8, 2023 denial of a second motion for thirty-day extension of time to file appellant brief, and resultant dismissal … |
| 22-1182 |
Robert Walker, et al. v. U.S. Bank N.A., et al. |
Eleventh Circuit |
2023-06-07 |
Denied |
|
administrative-law bankruptcy bankruptcy-code bankruptcy-procedure circuit-court civil-rights due-process fourteenth-amendment judicial-discretion judicial-overreach local-rules statutory-interpretation |
Whether the 11th Circuit Court of Appeals Mandate infringes on the Fourteenth Amendment |
| 22-1183 |
Robert Walker, et al. v. K. Drake Ozment, et al. |
Eleventh Circuit |
2023-06-07 |
Denied |
|
bankruptcy bankruptcy-code bankruptcy-procedure circuit-court civil-rights due-process fourteenth-amendment judicial-discretion judicial-overreach local-court-rules standing statutory-interpretation |
Whether the 11th Circuit Court of Appeals Mandate infringes on the Fourteenth Amendment |
| 22-7725 |
James Earl Green, Jr. v. United States |
Fifth Circuit |
2023-06-07 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines judicial-discretion reasonableness-review sentencing sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 22-7713 |
Javier Giovanni Araujo v. United States |
Fifth Circuit |
2023-06-05 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability constitutional-right constitutional-rights due-process federal-custody fifth-circuit habeas-corpus judicial-discretion section-2255-motion |
Whether the Fifth Circuit Erred in Denying Araujo's Motion for Certificate of Appealability |
| 22-7687 |
James Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-06-01 |
Denied |
IFP |
constitutional-law criminal-procedure criminal-sentencing due-process evidence ineffective-assistance-of-counsel judicial-discretion retroactive-application self-defense statutory-interpretation verbal-threat |
Whether a defendant may assert self-defense against a verbal threat even if the victim did not act on the threat |
| 22-7659 |
Darrien D. Johnson v. United States |
Fifth Circuit |
2023-05-30 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process federal-sentencing first-step-act judicial-discretion motion-to-reduce sentencing sentencing-guidelines statutory-interpretation |
Whether the District Court abused its discretion when it denied Petitioner's motion for a reduced sentence under the First Step Act of 2018 |
| 22-7631 |
Terrell McGee v. United States |
Seventh Circuit |
2023-05-25 |
Denied |
Response WaivedIFP |
compassionate-release constitutional-rights criminal-history criminal-procedure due-process equal-protection judicial-discretion murder-degrees retroactivity sentencing sentencing-disparities |
Whether a Clromye wa daw mas/ be A Cwlaorclea and Compelling veasah for Compasslonate Celease |
| 22-1128 |
Amos N. Jones v. Campbell University, et al. |
Fourth Circuit |
2023-05-19 |
Denied |
|
administrative-law civil-procedure deposition discovery dismissal due-process federal-rules judicial-discretion motion-to-dismiss sanctions standing |
Did the United States Court of Appeals for the Fourth Circuit err in upholding the United States District Court for the Eastern District of North Caro… |
| 22-7567 |
Enrique Infante, Jr. v. United States |
Ninth Circuit |
2023-05-16 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 compassionate-release extraordinary-and-compelling extraordinary-compelling-reasons judicial-discretion medical-care sentencing sentencing-factors statutory-interpretation |
Whether inadequate medical care for a treatable illness is a categorically insufficient basis to qualify as an extraordinary and compelling reason for… |
| 22-7550 |
Daniel Novilla v. Department of Agriculture |
Federal Circuit |
2023-05-15 |
Denied |
Response WaivedIFP |
administrative-law administrative-procedure civil-procedure constitutional-law constitutional-review court-jurisdiction due-process judicial-discretion jurisdiction petition-timeliness procedural-due-process standing |
Why did the court accept my petition knowing it was late, they sent me a packet stating it was compliant with the rules of the court, it was processed… |
| 22-7503 |
Earnest A. Davis v. Porsche Cars of North America, et al. |
California |
2023-05-10 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights court-forms due-process equal-protection judicial-bias judicial-discretion legal-process procedural-fairness racial-discrimination standing |
Are U.S. judicial officers required to process court forms from all litigants regardless of race or ethnicity? |
| 22-7510 |
Noel Thomas v. Florida Department of Highway Safety and Motor Vehicles, et al. |
Eleventh Circuit |
2023-05-10 |
Denied |
IFP |
access-to-courts civil-procedure constitutional-rights court-access due-process in-forma-pauperis judicial-discretion motion-to-proceed-in-forma-pauperis right-to-redress-grievances standing |
Whether the Trial Court erred in dismissing the case |
| 22-7519 |
Daniel A. Rodriguez v. United States |
Eleventh Circuit |
2023-05-10 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-procedure civil-procedure due-process judicial-discretion judicial-recusal sentencing-review standing statutory-interpretation structural-error |
Whether it is a Structural Error for a District Judge to preside over proceedings that he has been directly recused from |
| 22-7483 |
Farres Alkhayer v. Nashua-Oxford-Bay Associates, L.P., dba Bay Ridge at Nashua |
New Hampshire |
2023-05-08 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights constitutional-law constitutional-rights due-process judicial-discretion right-to-trial summary-judgement summary-judgment trial-by-jury |
Is rendering a judgement in a civil case without a trial constitutional? |
| 22-7484 |
In Re Richard Chapman |
|
2023-05-08 |
Denied |
IFP |
appellate-review binding-precedent civil-procedure constitutional-rights court-mandate due-process evidentiary-hearing judicial-discretion record-review standing |
Whether the trial court abused its authority when it departed from the appellate court mandate |
| 22-7472 |
Raj K. Patel v. United States |
Federal Circuit |
2023-05-05 |
Denied |
Response WaivedIFP |
14th-amendment big-tucker-act bounty-clause civil-rights contract-law due-process fourteenth-amendment judicial-discretion patel-v-united-states poindexter-v-greenhow religious-liberty |
whether-the-judiciary-must-reverse-and-allow-trial-of-bounty-clause-contract |
| 22-7477 |
Douglas Manning v. Sgt. St. Paul, et al. |
Third Circuit |
2023-05-05 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights culpability damages defendant-rights due-process evidence-interference judicial-discretion legal-standard plaintiff-burden representation standing |
Was the defendant's representation related to the harmful consequence to the plaintiff that he should be held responsible for? |
| 22-7478 |
Marla Faith Crawford v. David Patrick Corrigan, et al. |
Fourth Circuit |
2023-05-05 |
Denied |
Response WaivedRelisted (2)IFP |
appeals appellate-procedure civil-procedure court-dismissal dismissal due-process en-banc-review judicial-discretion legal-review procedural-error rehearing-en-banc standing |
Did the Appeals Court of the Fourth Circuit err in dismissing the petition and refusing to grant a rehearing en banc? |
| 22-1077 |
Sheryl Pereira v. Terrial O'Neal |
Georgia |
2023-05-05 |
Denied |
|
civil-procedure constitutional-rights due-process judicial-discretion precedent property-rights stare-decisis statutory-interpretation supervisory-powers |
Whether Supreme Court of Georgia and Court of Appeals of Georgia erred by violating their own longstanding precedent |
| 22-7447 |
In Re Antonio D. McCaster |
|
2023-05-03 |
Denied |
IFP |
civil-rights district-court due-process habeas-corpus judicial-discretion petition-review procedural-error standing statute-of-limitations timeliness writ-of-certiorari |
Whether the district court erred in dismissing the petitioner's habeas corpus petition as untimely |
| 22-7450 |
Derry Sykes v. New York City Housing Authority |
Second Circuit |
2023-05-03 |
Denied |
IFP |
civil-rights due-process evidence fair-housing fair-housing-act housing-discrimination judicial-discretion mold mold-remediation standing |
Whether the district court abused its discretion and made a clear error of law in dismissing petitioner's complaint for failure state a claim under th… |
| 22-7451 |
Bennie C. Rivera v. United States |
Eleventh Circuit |
2023-05-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-justice criminal-procedure fair-sentence-act first-step-act judicial-discretion judicial-review motion-denial sentencing sentencing-discretion statutory-interpretation |
Did Judge John Anton II abuse his discretion in denying the petitioner's motion under the First Step Act and Fair Sentence Act without a hearing? |
| 22-1052 |
Patricia Hermann v. Jonathan B. McFarland, et al. |
Eleventh Circuit |
2023-05-01 |
Denied |
Response WaivedRelisted (2) |
abuse-of-discretion appellate-review civil-procedure federal-rules-civil-procedure federal-rules-of-civil-procedure good-cause judicial-discretion procedural-motion reconsideration time-extension |
Whether the district court abused its discretion in denying a motion for extension of time under Fed. R. Civ. P. 6(b)(1)(A) where the record showed go… |
| 22-7418 |
Sammy Redi Araya v. United States |
Fourth Circuit |
2023-05-01 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-fraud government-failure judicial-discretion loss-amount loss-calculation plea-bargaining sentencing-courts sentencing-guidelines victim-losses |
Whether a sentencing court is required to verify actual or intended victim losses when applying a U.S. Sentencing Guidelines enhancement |
| 22-7425 |
James Conerly, et al. v. Kaiser Permanente, et al. |
Ninth Circuit |
2023-05-01 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights due-process first-amendment judicial-discretion judicial-immunity ninth-circuit subject-matter-jurisdiction systemic-racism |
Whether the Ninth Circuit Court abused its discretion |
| 22-7350 |
Emanuel Higuera v. United States |
Ninth Circuit |
2023-04-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-hearing expert-testimony judicial-discretion law-enforcement preliminary-proceedings trial-procedure witness-qualification |
Whether district courts should be required to hold some type of preliminary proceedings before allowing experienced-based law enforcement experts to t… |
| 22-7329 |
Robert Wayne Gillman v. Florida |
Florida |
2023-04-20 |
Denied |
Response WaivedIFP |
conflict-of-interest fair-trial fraud judicial-abuse-of-discretion judicial-discretion manifest-injustice prosecutorial-misconduct structural-defect |
Is it manifest injustice when conflict-of-interest, prosecutorial-misconduct, judicial-abuse-of-discretion, and fraud deprive defendant of a fair tria… |
| 22-7335 |
Enrique Holguin v. United States |
Ninth Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-standards expert-testimony judicial-discretion law-enforcement preliminary-hearing preliminary-proceedings trial-procedure |
Whether district courts should be required to hold some type of preliminary proceedings before allowing experienced-based law enforcement experts to t… |
| 22-7336 |
Shawn Kaleb Drake v. United States |
Fifth Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
bureau-of-prisons credit criminal-procedure duty-to-determine federal-sentence federal-sentencing judicial-discretion presentence-detention sentencing |
Whether a district court has a duty to determine on its own whether the Bureau of Prisons will give credit for presentence detention time when a defen… |
| 22-7325 |
Noel Brown v. City of New York, New York, et al. |
Second Circuit |
2023-04-19 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-procedure civil-procedure civil-rights collateral-review court-review federal-rules-of-appellate-procedure in-forma-pauperis judicial-discretion prisoner-appeal standing |
Did the denial of appellant's motion for in forma pauperis violate Rule 24(A)(5) of the Federal Rules of Appellate Procedure? |
| 22-1012 |
Janet Austen v. Franklin Herman |
Maryland |
2023-04-18 |
Denied |
|
alimony alimony-calculation appeals appellate-review family-law income-calculation income-determination judicial-discretion marital-dissolution permanent-alimony trial-court |
Was the appeals court correct in upholding the trial judge's alimony decision despite miscalculating the recipient's monthly income? |
| 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 |
| 22-7307 |
Darek Lathan v. United States |
Sixth Circuit |
2023-04-17 |
Denied |
Response WaivedIFP |
affidavits appeal appellate-review civil-procedure constitutional-law due-process federal-courts judicial-discretion legal-procedure sentencing standing |
Which guarantee of due process of law is needed to rebut affidavits notarized under seal? |
| 22-7286 |
Vonteak Alexander v. Jane Doe, et al. |
Ninth Circuit |
2023-04-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
contract-law criminal-procedure defendant-rights due-process judicial-discretion legal-reformation mistake-of-law mutual-mistake plea-agreement |
May a court reform an accepted, valid, federal plea agreement containing a mutual mistake of law to circumvent the mistake to the defendant's prejudic… |
| 22-7288 |
Gilberto Gonzalez-Enriquez v. United States |
Fifth Circuit |
2023-04-14 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process error-calculation harmless-error judicial-discretion sentencing sentencing-error sentencing-guidelines standard-of-review u.s-sentencing-guidelines |
Whether a sentencing court can insulate a substantial error in calculating the U.S. Sentencing Guidelines range from appellate review simply by assert… |
| 22-7273 |
Fidelmar Hernandez-Jimenez v. United States |
Fifth Circuit |
2023-04-13 |
Denied |
Response WaivedIFP |
appellate-review conflict-with-other-courts criminal-procedure district-court district-court-error holguin-hernandez judicial-discretion sentencing-guidelines substantial-argument substantial-arguments |
Whether a party may obtain appellate relief when the district court fails to reference or address substantial arguments for a sentence outside the Gui… |
| 22-7257 |
Santos Cuevas v. Tina Kotek, Governor of Oregon, et al. |
Ninth Circuit |
2023-04-12 |
Denied |
IFP |
constitutional-review double-jeopardy due-process federal-law judicial-discretion jury-trial sentence-enhancement sentencing sixth-amendment |
Has Oregon's Judiciary and legislature failed to incorporate landmark cases relevant for how and when to enhance a sentence, and to comport with the r… |
| 22-7261 |
Susan Elise Prophet v. United States |
Eighth Circuit |
2023-04-12 |
Denied |
Response WaivedIFP |
18-usc-3582 abuse-of-discretion appellate-review compassionate-release criminal-procedure eighth-circuit federal-sentencing judicial-discretion sentence-reduction sentencing statutory-interpretation |
Whether the United States Court of Appeals for the Eighth Circuit abused its discretion in denying Prophet's Motion for Compassionate Release/Reductio… |
| 22-7262 |
Alfred Coppage v. Illinois |
Illinois |
2023-04-12 |
Denied |
IFP |
appellate-review appellate-standard civil-procedure constitutional-review due-process harmless-error ineffective-assistance-of-counsel judicial-discretion standing |
Whether trial court abused discretion by hearing motion for substitution of judge |
| 22-7247 |
Claudia Castillo Guzman v. United States |
Ninth Circuit |
2023-04-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process government-conduct judicial-discretion mitigating-factors sentence-manipulation sentencing |
Whether the Due Process Clause is violated when a sentencing court refuses to consider, as a mitigating factor, whether the government has engaged in … |
| 22-967 |
David Banks v. United States |
Tenth Circuit |
2023-04-06 |
Denied |
Response Waived |
civil-rights constitutional-rights court-of-appeals district-court due-process first-amendment habeas-corpus judicial-discretion sealing sealing-order |
Did the Court of Appeals for the Tenth Circuit violate the Petitioner's rights under the First Amendment when it sealed almost the entire transcript a… |
| 22-7213 |
Brian Evan Roth v. Florida |
Florida |
2023-04-05 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights closing-arguments criminal-procedure due-process evidence evidence-introduction judicial-discretion prosecutorial-misconduct trial-procedure |
Whether the trial court erred in allowing certain evidence to be introduced and considered as testimony, as well as issues brought up during closing a… |
| 22-7214 |
Miguel Angel Bacilio v. Texas |
Texas |
2023-04-05 |
Denied |
Relisted (2)IFP |
constitutional-error constitutional-rights criminal-procedure due-process fair-trial judicial-discretion jurisdiction right-to-counsel sixth-amendment |
Whether the trial court was legally convened and constituted with the provisions of the constitution and statute to remain a 'Court of Competent Juris… |
| 22-7130 |
Timothy Fletcher v. United States |
First Circuit |
2023-03-28 |
Denied |
Response WaivedIFP |
booker-decision criminal-procedure district-court-notice federal-rules federal-rules-of-criminal-procedure judicial-discretion mandatory-guidelines notice-requirement sentencing sentencing-guidelines united-states-v-booker |
Whether the elimination of mandatory sentencing guidelines pursuant to United States v. Booker has rendered Fed. R. Crim. P. 32(h) a nullity |
| 22-7102 |
Towaki Komatsu v. NTT Data, Inc., et al. |
Second Circuit |
2023-03-24 |
Denied |
IFP |
abuse-of-discretion arbitration-costs civil-procedure civil-rights discovery-order due-process judicial-discretion res-judicata sanctions standing |
whether-redetermination-is-warranted |
| 22-7055 |
Terrindez Xsidrick Bryant v. United States |
Fourth Circuit |
2023-03-21 |
Denied |
Response WaivedIFP |
advisory-guidelines booker-kimbrough-precedent district-court district-court-authority judicial-discretion kimbrough-v-united-states methamphetamine methamphetamine-sentencing sentencing-guidelines sentencing-variance united-states-v-booker |
Whether a sentence imposed after a district court states it is not the proper forum for addressing flawed Guidelines, and essentially treating Sentenc… |
| 22-7039 |
Michael T. Brooks v. Agate Resources, Inc., et al. |
Ninth Circuit |
2023-03-20 |
Denied |
Response WaivedRelisted (2)IFP |
article-3-courts civil-procedure civil-rights disability-rights due-process informa-pauperis judicial-discretion qui-tam rehabilitation-act standing whistleblower whistleblower-protection |
Can a federal judge open a qui tam case that they dismissed three years ago, turning it into a criminal case against the relator? |
| 22-7040 |
Michael Lee Gordon v. Doe, Designation Sentence Computation Center Official, et al. |
Eighth Circuit |
2023-03-20 |
Dismissed |
Relisted (2)IFP |
administrative-law agency-review bias civil-procedure constitutional-review due-process judicial-discretion legal-procedure recusal standing statutory-interpretation witness |
Whether the district court erred in denying Appellant's motion for recusal of the district court judge based on the judge's bias as a witness in the i… |
| 22-7030 |
John Gabriel Trevino v. United States |
Fifth Circuit |
2023-03-16 |
Denied |
Response WaivedIFP |
appellate-review court-compliance criminal-procedure defendant-rights due-process federal-rule-of-criminal-procedure harmless-error judicial-discretion presentence-report sentencing statutory-interpretation |
Whether non-compliance with Federal Rule of Criminal Procedure 32(i)(1)(A) may be excused where the defendant fails to show that he or she would have … |
| 22-6988 |
Carina Conerly v. John Patrick Winn, Judge, Superior Court of California, Sacramento County, et al. |
Ninth Circuit |
2023-03-13 |
Dismissed |
IFP |
civil-procedure civil-rights constitutional-violation court-delay due-process equal-protection judicial-discretion negligence standing |
Whether the Ninth Circuit and Eastern District Court abused their discretion in holding and delaying Petitioners' cases |
| 22-6953 |
Curtis Bradley v. United States |
Sixth Circuit |
2023-03-07 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing substantive-reasonableness |
Was the sentence imposed on Petitioner substantively reasonable? |
| 22-6942 |
Kwame Burrell v. Willis Chapman, Acting Warden |
Sixth Circuit |
2023-03-06 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment appellate-counsel appellate-procedure constitutional-rights due-process guilty-plea judicial-discretion right-to-counsel state-constitution |
Did the trial court fail to protect the petitioner's fundamental due process right to substitute appellate counsel after the original appellate counse… |
| 22-6892 |
In Re Willie Thomas |
|
2023-02-28 |
Denied |
IFP |
constitutional-rights due-process fundamental-rights habeas-corpus ineffective-assistance judicial-bias judicial-discretion judicial-usurpation right-to-testify trial-procedure |
whether the District Court Approach to 2254 petition asserting a loss of a fundamental constitutional right to choose whether to testify in his own de… |
| 22-6864 |
In Re Abdush S. DuBose |
|
2023-02-24 |
Denied |
IFP |
civil-procedure constitutional-procedure criminal-defendant due-process grand-jury indictment judicial-discretion jurisdiction jury-selection standing trial-rights |
Whether the U.S. District Court has personal or subject-matter jurisdiction over an indictment that was not filed in open court or voted on by a grand… |
| 22-6865 |
Jennifer Reinoehl v. Centers for Disease Control and Prevention, et al. |
Seventh Circuit |
2023-02-24 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure complaint-sufficiency due-process federal-rules-civil-procedure federal-rules-of-civil-procedure judicial-bias judicial-discretion jurisdiction pro-se-litigants pro-se-litigation standing |
Whether Courts have discretion to hold pro se litigants to a strictly following Fed.R.Civ.P. while ignoring represented litigants' late filings and wh… |
| 22-6830 |
Michael Joseph Loukas v. Sarah Schroeder, Warden |
Sixth Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
404(b) due-process evidence-standard ineffective-assistance-of-counsel judicial-discretion medication-warning-labels prior-bad-acts prosecutorial-misconduct separation-of-powers sixth-circuit-review |
Was the Sixth Circuit decision based on an unreasonable determination of the facts |
| 22-6844 |
Eladio Loya-Palma v. United States |
Fifth Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 22-6846 |
Christopher L. Corn v. United States |
Eighth Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure invited-error judicial-discretion plain-error sentencing statutory-interpretation statutory-maximum |
Can an appellate court use the invited error doctrine to preclude review of a plainly erroneous sentence that exceeds the statutory maximum sentence a… |
| 22-6850 |
Raul Mendez v. Community Health Clinics, Inc., dba Terry Reilly Health Services |
Ninth Circuit |
2023-02-23 |
Denied |
IFP |
civil-procedure discovery-sanction dismissal-sanction due-process finality-rule judicial-discretion res-judicata sanctions usurpation-of-judicial-power writ-of-certiorari |
Is a dismissal sanction a decision on the legal merits of the case? Are Courts required to warn parties about the possibility of dismissal in order to… |
| 22-780 |
Scott Meide, et al. v. Noah Centineo, et al. |
Ninth Circuit |
2023-02-22 |
Denied |
Response Waived |
appellate-review brief-requirements civil-rights court-obligations due-process judicial-discretion judicial-independence judicial-procedure judicial-review legal-standards rule-of-law separation-of-powers |
Do we have a government of laws and not of men? |
| 22-790 |
Vanessa Wereko v. Lori Rosen, et al. |
Seventh Circuit |
2023-02-22 |
Denied |
Response Waived |
28-usc-1291 28-usc-1292 appellate-jurisdiction civil-procedure congressional-intent discretionary-appeal district-court interlocutory-appeal judicial-discretion status-quo statutory-interpretation |
Whether Congress' intent for an interlocutory appeal as of right, under 28 U.S.C. § 1292(a)(1), can be 'unilaterally converted into a discretionary ap… |
| 22-6820 |
Sergio Moises Ochoa v. Wisconsin |
Wisconsin |
2023-02-21 |
Denied |
Response WaivedIFP |
appellate-review compel-witnesses constitutional-interpretation due-process enumerated-rights evidence-rules fundamental-rights judicial-discretion present-defense rules-of-evidence |
May courts continue to treat fundamental and enumerated rights as mere guidelines to be discarded when inconvenient? |
| 22-6787 |
Mike Webb v. City of Falls Church, Virginia, et al. |
Fourth Circuit |
2023-02-15 |
Denied |
IFP |
civil-rights constitutional-claim equal-protection in-forma-pauperis judicial-discretion procedural-due-process standing standing-doctrine substantive-due-process |
Whether denial of in forma pauperis application violates due-process, equal-protection, or privileges-of-citizens |
| 22-6789 |
Juan Francisco Turcios v. Texas |
Texas |
2023-02-15 |
Denied |
IFP |
compensation criminal-procedure due-process illegal-confinement judicial-discretion judicial-misconduct plea-agreement plea-bargain sentencing sentencing-error |
Whether the 20-year sentence imposed was legal after the plea bargain agreement for no more than 10 years was approved |
| 22-6755 |
Lecedric Prentice Harris v. Florida |
Florida |
2023-02-10 |
Denied |
Response WaivedIFP |
case-specific-justification constitutional-law constitutional-requirement courtroom-closure criminal-procedure judicial-discretion public-trial-clause split-of-authority statutory-interpretation |
Whether the state court correctly held that trial courts do not violate the Public Trial Clause by closing a criminal courtroom pursuant to a statute … |
| 22-6736 |
Justin D. Martin v. United States |
Sixth Circuit |
2023-02-09 |
Denied |
Relisted (8)IFP |
acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-6732 |
David Alvarado-Rios v. United States |
Fifth Circuit |
2023-02-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-sentencing judicial-discretion presumption-of-reasonableness rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
How does a defendant who challenges the substantive reasonableness of a within-Guidelines sentence rebut an appellate presumption of reasonableness? |
| 22-6733 |
In Re John B. Myles |
|
2023-02-08 |
Denied |
IFP |
abuse-of-discretion appellate-review arrest-warrant due-process evidence evidence-exclusion ineffective-assistance-of-counsel judicial-discretion prosecutorial-misconduct sixth-amendment |
Whether the defendant was denied effective assistance of counsel |
| 22-6704 |
Angel Vazquez-Figueroa v. United States |
First Circuit |
2023-02-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure individualized-assessment judicial-discretion plain-error plain-error-review plea-agreement section-3553a-factors sentencing sentencing-discretion |
Whether the district court erred in imposing a sentence that was 1.5 years longer than the highest sentence recommended by the parties under the plea … |
| 22-6709 |
Chad Michael Vice v. Lee County Correctional Medical Provider, et al. |
Iowa |
2023-02-06 |
Denied |
IFP |
access-to-courts civil-rights constitutional-rights due-process equal-protection incarcerated-individuals judicial-discretion right-to-petition |
Whether an Iowa 8' District Court in North Lee County at Fort Madison ' abused its discretion in its Order denying a motion to reconsider as [not time… |
| 22-6712 |
Ramone L. Wright v. United States |
Sixth Circuit |
2023-02-06 |
Denied |
Response WaivedIFP |
ambiguous-sentence correction-of-record court-transcript criminal-case due-process judicial-confidence judicial-discretion miscarriage-of-justice oral-sentence rule-36-correction sentencing sentencing-ambiguity |
Whether the district court erred in imposing an ambiguous oral sentence that is contrary to the written judgment |
| 22-6665 |
Orlando Cortez-Nieto and Jesus Cervantes-Aguilar v. United States |
Tenth Circuit |
2023-01-31 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process judicial-discretion jury-instructions lesser-included-offenses post-trial-convictions sua-sponte |
Whether a court may sua sponte enter post-trial convictions on lesser-included offenses that the jury had no authority to return |
| 22-6658 |
Wade Bonk v. United States |
Seventh Circuit |
2023-01-30 |
Denied |
Response WaivedIFP |
appeal circuit-court-ruling conviction criminal-procedure due-process judicial-discretion leadership-role retroactive-application retroactivity sentencing sentencing-enhancement |
Did the District Court err by refusing to apply the Seventh Circuit's ruling in U.S. v. Carnell retroactively since Petitioner's conviction was not fi… |
| 22-6651 |
Michael Vanous v. United States |
Fifth Circuit |
2023-01-27 |
Denied |
Response WaivedIFP |
criminal-procedure guidelines ineffective-assistance judicial-discretion jury pretrial-proceedings sentencing sentencing-guidelines sixth-amendment |
Was defense counsel ineffective in the pretrial proceedings? |
| 22-702 |
Joseph D. Rued v. Catrina M. Rued |
Minnesota |
2023-01-27 |
Denied |
|
child-abuse child-custody due-process evidence family-law judicial-discretion sexual-abuse standard-of-review therapist-testimony |
Whether the District Court's affirmative conclusion that sexual abuse did not occur denied due process to the father and child |
| 22-6628 |
Johnell Lewis Britton, Sr. v. United States |
Fifth Circuit |
2023-01-26 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure fact-specific-reasons federal-sentencing judicial-discretion non-guidelines-sentences procedural-error reasonableness-standard sentencing sentencing-guidelines |
Whether district courts are required to articulate fact-specific reasons for imposing non-guidelines sentences? |
| 22-700 |
Mark Howerton v. Texas |
Texas |
2023-01-26 |
Denied |
|
criminal-procedure double-jeopardy due-process fifth-amendment intent judicial-discretion mistrial oregon-v-kennedy prosecutorial-misconduct |
Should the Court's holding in Oregon v. Kennedy be extended to prohibit a wider range of prosecutorial intent? |
| 22-6633 |
Edward R. Brown v. Florida |
Florida |
2023-01-25 |
Denied |
IFP |
amendment-14 amendment-opportunity civil-procedure claim-denial constitutional-violation due-process habeas-corpus judicial-discretion post-conviction postconviction-motion standing |
Whether a trial judge abused its discretion in denying a properly filed post-conviction motion |
| 22-6604 |
In Re Daniel Sheehan |
|
2023-01-23 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights due-process habeas-corpus judicial-discretion mandamus statutory-interpretation |
Whether the Third Circuit has improperly reduced the 2241 gateway via 2255(e) through abuses of discretion in creating conflicting dicta that contradi… |
| 22-6563 |
Jaquain Young v. United States |
Ninth Circuit |
2023-01-18 |
Denied |
Response WaivedIFP |
complete-defense confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-admissibility federal-rules-of-evidence judicial-discretion right-to-present-defense severance witness-recantation |
Whether the district court erred in excluding witness Tierra Lewis's out-of-court identification of codefendant Esau Ferdinand under FRE 403, thereby … |
| 22-6547 |
Kashai Jones v. Illinois |
Illinois |
2023-01-17 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process illinois-supreme-court judicial-discretion jury-instructions jury-selection legal-principles plain-error trial-court wainwright-v-witt |
Whether the Illinois Supreme Court's rule requiring trial courts to ensure that each juror understands the principles of People v. Zehr, 103 Ill. 2d 4… |
| 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 |
| 22-6522 |
Charvez Brooks v. United States |
Fourth Circuit |
2023-01-11 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal due-process federal-courts hobbs-act ineffective-assistance interstate-commerce judicial-discretion jury-instructions reasonable-doubt standard-of-proof |
Does a federal district court possess meaningful discretion to define 'proof beyond a reasonable doubt' in jury instructions? |
| 22-6447 |
In Re David A. Avery |
|
2023-01-04 |
Denied |
Response WaivedIFP |
arbitrariness civil-procedure civil-rights constitutional-rights due-process federal-rules-of-civil-procedure judicial-discretion jury-trial state-constitution state-rules-of-civil-procedure trial-by-jury |
Whether the petitioner is entitled to the provisions set forth in the Bill of Rights, the Federal Rules of Civil Procedure, the Tennessee Constitution… |
| 22-6448 |
Rickey Thompson v. United States |
Eleventh Circuit |
2023-01-04 |
Denied |
IFP |
case-review civil-rights compelling-circumstances compelling-reasons due-process extraordinary-circumstances extraordinary-reasons judicial-discretion legal-standard petitioner-relief relief standing |
Whether extraordinary and compelling reasons exist in granting Petitioner relief in this case? |
| 22-6425 |
Mirwais Mohamadi v. United States |
Fourth Circuit |
2022-12-30 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion procedural-default standard-of-review |
Did The Court Of Appeals Err In Denying A Certificate Of Appealability? |
| 22-6428 |
Jermaine Scott v. United States |
Fifth Circuit |
2022-12-30 |
Denied |
Response WaivedIFP |
28-usc-2253 appellate-review certificate-of-appealability certiorari-standard circuit-court-review civil-rights district-court due-process federal-habeas judicial-discretion procedural-standard standing |
Whether the United States Court of Appeals abused its discretion in denying petitioner's request for a certificate of appealability |
| 22-6377 |
Thaddeus Chaylon Martin v. Florida |
Florida |
2022-12-22 |
Denied |
IFP |
civil-rights corrections criminal-procedure double-jeopardy due-process judicial-discretion jurisdiction prison-credits retroactive-application sentencing sentencing-credits |
Whether the court had jurisdiction to re-sentence the petitioner to 18 years after initially sentencing him to 10 years |
| 22-6383 |
James T. Woo v. Colorado |
Colorado |
2022-12-22 |
Denied |
IFP |
case-files civil-rights discovery discovery-access due-process judicial-discretion post-conviction post-conviction-claims pro-se pro-se-defendant protective-order |
Whether the district court improperly misused a protective order to deprive a pro se defendant of access to materials outside the scope of the order a… |
| 22-570 |
Richard Y. Kim v. Hawaii Office of Elections, et al. |
Hawaii |
2022-12-20 |
Denied |
Response Waived |
administrative-procedure civil-rights due-process election-certification election-regulations elections federal-rules judicial-discretion state-rules state-sovereignty voting-machines |
If this honorable US Supreme Court determines that the Elections Office of Hawaii (EOH) failed to follow State Rules and Regulations and due process, … |
| 22-6316 |
Kalvin Walker v. United States |
Fourth Circuit |
2022-12-16 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court guideline-range harmless-error judicial-discretion sentencing-guidelines |
Whether errors in calculating the Sentencing Guidelines are automatically rendered harmless by a district court's statement that the correctness of th… |
| 22-6303 |
Steven Riad Jalloul v. United States |
Fifth Circuit |
2022-12-14 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process fifth-circuit judicial-discretion plea-agreement plea-bargaining restitution sentencing statutory-interpretation |
Whether the language in a defendant's plea agreement requiring the defendant to pay 'whatever restitution is ordered' is sufficiently specific to cons… |
| 22-6277 |
Paul E. Pavulak v. United States |
Third Circuit |
2022-12-09 |
Denied |
Response WaivedIFP |
certificate-of-appealability fraud-on-court fraud-on-the-court habeas-corpus judicial-discretion procedural-bar rule-60 rule-60(d)(3) section-2255 successive-petition |
When a petitioner challenges a procedural bar in his 2255 which based on a fraud on the court, may a District Court Judge dismiss this motion as a Suc… |
| 22-517 |
Jenna Dickenson v. Charles T. Johnson, et al. |
Eleventh Circuit |
2022-12-05 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
attorney-fees common-fund equitable-fund johnson-factors judicial-discretion lodestar-method percentage-fee percentage-of-fund perdue-v-kenny |
Whether district courts may be required to use the inherently subjective and effectively unreviewable Johnson factors to determine common-fund fee awa… |
| 22-6210 |
Aaron Michael Crick v. United States |
Fourth Circuit |
2022-12-02 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing downward-variance fourth-amendment fourth-circuit judicial-discretion motion-denial reversible-error sentencing |
Whether the Fourth Circuit Court of Appeals erred by denying Mr. Crick's meritorious argument that the district court committed reversible error by de… |
| 22-6184 |
Jowarski Russell Nedd v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2022-12-01 |
Denied |
Response WaivedIFP |
appellate-jurisdiction circuit-court-jurisdiction due-process fact-finding federal-review habeas-corpus judicial-discretion procedural-default statute-of-limitations tolling |
Whether the decisions of the courts below ought to be summarily reversed and the case remanded to the court of appeals with instructions to remand the… |
| 22-6190 |
Kevin Patrick Mallory v. United States |
Fourth Circuit |
2022-12-01 |
Denied |
IFP |
constitutional-rights court-findings judicial-discretion overriding-interest partial-closure public-trial reasonable-alternatives sixth-amendment waller-standard waller-v-georgia |
Whether the Sixth Amendment right to a public trial requires courts to make adequate findings before ordering a 'partial closure' restricting public a… |
| 22-6192 |
Dennis Dean Neff v. United States |
Tenth Circuit |
2022-12-01 |
Denied |
Response WaivedIFP |
appellate-review different-outcome judicial-discretion jury-instruction jury-instruction-error plain-error prejudice reasonable-probability trial trial-procedure unpreserved-claims |
Whether an appellant must show a 'reasonable probability' of a different outcome at trial to demonstrate prejudice from unpreserved claims of jury ins… |
| 22-6193 |
Marie Assa'ad-Faltas v. South Carolina |
South Carolina |
2022-12-01 |
Denied |
Response WaivedRelisted (2)IFP |
8th-amendment civil-rights constitutional-rights contempt-power contempt-powers due-process eighth-amendment judicial-discretion jury-trial prison-overcrowding |
Whether incarceration for up to six months for alleged indirect contempt without trial by jury is always per se cruel and unusual |
| 22-6182 |
Stacy L. Conner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-11-30 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-law constitutional-rights due-process federal-courts habeas-corpus judicial-discretion liberty-interest procedural-fairness standing statutory-interpretation |
Does the U.S. Supreme Court view habeas-corpus as a static-narrow-formalistic remedy or has its scope grown to achieve its grand purpose the protectio… |
| 22-6138 |
Michael Lindell Teasley v. United States |
Eighth Circuit |
2022-11-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-rights court-of-appeals criminal-procedure district-court due-process eighth-circuit equal-protection judicial-discretion non-violent-offenses sentencing sentencing-guidelines |
Whether the Court of Appeals for the Eighth Circuit, South on Piswier of Iowa, abused its discretion by violating the Cera Feendeg guidelines, which t… |
| 22-6122 |
Danny Wayne Alcoser v. Kathryne Ford, et al. |
Fifth Circuit |
2022-11-21 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights due-process federal-rules-of-civil-procedure fifth-circuit judicial-discretion rule-15 standing sua-sponte supervisory-power |
Whether the Fifth Circuit Court of Appeals departed from the accepted and usual course of judicial proceedings |
| 22-6102 |
Samuel Turner v. United States |
Eighth Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
bureau-of-prisons civil-procedure court-deadline covid-19-lockdown due-process equity excusable-neglect judicial-discretion pandemic prisoner-rights |
whether-certiorari-should-be-granted |
| 22-6104 |
Esteban Parra-Reyes v. United States |
Ninth Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
abuse-of-discretion circuit-court-review compassionate-release criminal-justice federal-sentencing judicial-discretion ninth-circuit prisoner-rights sentencing summary-affirmance |
Whether the Denial of Esteban Para Reyes's Motion for Compassionate Release Was an Abuse of Discretion? |
| 22-464 |
United States v. Saleem Hakim |
Eleventh Circuit |
2022-11-16 |
Denied |
|
appellate-review automatic-vacatur criminal-procedure judicial-discretion pretrial-procedure right-to-counsel self-representation structural-error |
Whether a defendant's erroneous pretrial self-representation categorically constitutes structural error |
| 22-6074 |
Terry Eugene Sears v. Vernia Roberts, et al. |
Eleventh Circuit |
2022-11-16 |
Denied |
IFP |
civil-procedure civil-rights due-process eighth-amendment evidentiary-hearing fourteenth-amendment judicial-discretion prisoner-litigation prisoner-rights security-measures |
Whether the procedures required to institute unusual security measures apply in civil cases brought by prisoner plaintiffs? |
| 22-453 |
Hyuk Kee Yoo, aka Keith Yoo v. United States |
Second Circuit |
2022-11-15 |
Denied |
Response Waived |
extradition-proceedings extradition-treaty individual-liberty judicial-discretion judiciary-role limitations-provisions statute-of-limitations statutory-interpretation supreme-court-precedent treaty-interpretation |
Whether interpreting Article 6 of the U.S.-South Korea Extradition Treaty as a discretionary issue for the Secretary of State conflicts with Supreme C… |
| 22-5959 |
William A. White v. United States, et al. |
Seventh Circuit |
2022-11-01 |
Denied |
Response WaivedIFP |
access-to-courts appellate-review civil-rights court-order document-entry due-process false-statements judicial-discretion procedural-standards sanctions standing |
Did the Seventh Circuit err in upholding two orders issued by the United States District Court for the Southern District of Illinois barring the petit… |
| 22-5964 |
Shaun Michael Farrington v. United States |
Eighth Circuit |
2022-11-01 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process impartial-jury implied-bias judicial-discretion jury-impartiality sixth-amendment standing |
Whether the Sixth Amendment right to an impartial jury is impacted when circumstances indicate implied bias but the court allows the juror to sit beca… |
| 22-400 |
Mark Barinholtz v. HomeAdvisor, Inc., et al. |
Seventh Circuit |
2022-10-31 |
Denied |
|
appellate-review civil-procedure federal-courts federal-rules-of-appellate-procedure federal-rules-of-civil-procedure judicial-discretion jurisdiction jurisdictional-rules procedural-flexibility timeliness timeliness-doctrine |
Whether federal courts should follow strict timeliness rules for appellate review or allow flexibility to exercise rights of review in an orderly, rea… |
| 22-5934 |
Gemar Morgan v. United States |
Sixth Circuit |
2022-10-28 |
Denied |
Response WaivedIFP |
compassionate-release constitutional-due-process covid-19 criminal-justice-reform first-step-act health-conditions judicial-discretion retroactive-application sentence-modification sentencing-reform sentencing-reform-act statutory-interpretation |
Whether the district court erred in denying the petitioner's motion for compassionate release under the First Step Act, in light of the petitioner's h… |
| 22-5940 |
Hugo Villarreal-Solis v. United States |
Fifth Circuit |
2022-10-28 |
Denied |
Response WaivedIFP |
appeals compassionate-release criminal-justice criminal-procedure due-process fifth-circuit habeas-corpus judicial-discretion motion sentencing |
Whether it was error for the Fifth Circuit to deny Solis' motion for compassionate release? |
| 22-5903 |
L. Powers v. United States Postal Service |
Eleventh Circuit |
2022-10-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-rights court-procedure due-process equal-protection equal-rights in-forma-pauperis indigent-rights judicial-discretion judicial-powers |
Was the appearance of dismissing Petitioner's in forma pauperis applications an abuse of judicial powers & law? |
| 22-5894 |
Terrence Gibbs v. United States |
Third Circuit |
2022-10-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3582 compassionate-release criminal-justice extraordinary-and-compelling extraordinary-circumstances federal-sentencing-law federal-statute judicial-discretion retroactivity sentence-reduction sentencing sentencing-law |
Whether non-retroactive changes in federal sentencing law comprise 'extraordinary and compelling' circumstances for compassionate release |
| 22-5887 |
Joseph Michael DeGraw v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-10-21 |
Denied |
Response WaivedIFP |
civil-rights due-process habeas-corpus judicial-discretion pro-se procedural-construction section-2254 section-2255 standing statutory-interpretation |
Whether federal courts should construe pro se state prisoner pleadings under 28 U.S.C. 2254 using the same standard as 28 U.S.C. 2255 federal prisoner… |
| 22-5878 |
William D. King v. United States |
Seventh Circuit |
2022-10-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3582 circuit-split extraordinary-and-compelling extraordinary-compelling-reason judicial-decisions judicial-discretion legal-developments sentence-modification statutory-interpretation |
When district courts may consider intervening judicial decisions and legal developments in determining 'extraordinary and compelling' reasons for sent… |
| 22-5847 |
Lindsey Orr v. United States |
Eleventh Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-sentencing judicial-discretion judicial-review sentencing sentencing-guidelines statutory-interpretation term-of-imprisonment |
When are the 3553(c) factors satisfied? |
| 22-5850 |
Justin Michael Fenney v. Tracy Beltz, Warden |
Eighth Circuit |
2022-10-18 |
Denied |
IFP |
2253-statute 28-usc-2253 appellate-relief certificate-of-appealability conviction factual-support federal-court-review habeas-corpus judicial-discretion reasonable-jurists |
Whether a federal court may find that 'reasonable jurists would not disagree' about the denial of relief under 28 U.S.C. § 2253 where there is no fact… |
| 22-5825 |
Ahmed R. Morning v. Tim Hooper, Warden |
Fifth Circuit |
2022-10-14 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure cruel-and-unusual-punishment due-process judicial-discretion jurisdiction ramos-v-louisiana retroactive-application retroactivity sentencing sentencing-review |
Whether the State trial court erred by imposing an unconstitutionally harsh and excessive sentence? |
| 22-5828 |
DeShaun Bullock v. United States |
Eighth Circuit |
2022-10-14 |
Denied |
Relisted (10)IFP |
acquittal criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-5786 |
Foroud Foladpour v. City of Upland, California |
California |
2022-10-07 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights constitutional-rights due-process fourteenth-amendment government-liability judicial-discretion negligence standing trial-court-procedure |
Judicial discretion is not a matter of right |
| 22-5788 |
Martin Elliott Brooks v. United States |
Fourth Circuit |
2022-10-07 |
Denied |
IFP |
appellate-review circuit-split harmless-error judicial-discretion procedural-error rule-52 sentencing-courts sentencing-guidelines |
Whether errors in calculating the Sentencing Guidelines are rendered harmless by the district court's assertion that the Guidelines would make no diff… |
| 22-5795 |
Kevin White, Jr. v. Michigan |
Michigan |
2022-10-07 |
Denied |
IFP |
appellate-review civil-procedure constitutional-rights criminal-procedure due-process evidence evidence-admission judicial-discretion jurisdiction trial-procedure venue |
Whether the district court erred in dismissing the case for improper venue where the indictment indicated that the alleged crime by the defendant occu… |
| 22-5759 |
Andrew Robertson v. Massachusetts |
Massachusetts |
2022-10-04 |
Denied |
IFP |
criminal-procedure due-process evidence indictment judicial-discretion prosecutorial-misconduct |
Whether the judge abused his discretion in denying the defendant's motion to dismiss the indictment due to prosecutorial misconduct |
| 22-5711 |
Joshua Austin Kramer, aka Benjamin Franklin v. United States |
Fourth Circuit |
2022-09-29 |
Denied |
Response WaivedIFP |
criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-resources legal-innocence plea-bargaining plea-withdrawal prejudice withdrawal-of-plea |
Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea |
| 22-5701 |
Terry Wayne Cope v. United States |
Sixth Circuit |
2022-09-27 |
Denied |
Response WaivedIFP |
18-usc-3582 compassionate-release congress covid-19 criminal-procedure district-court judicial-discretion public-health sentencing |
Does the precedent that a defendant's incarceration during the COVID-19 Pandemic, when the defendant has access to the COVID-19 vaccine, does not pres… |
| 22-5646 |
Fred Freeman v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2022-09-22 |
Denied |
Relisted (2)IFP |
8th-amendment appellate-jurisdiction civil-rights classification-error court-of-appeals due-process equal-protection judicial-discretion procedural-review qualified-immunity sovereign-immunity standing |
Did Court of Appeals err in ruling on disability claims under the ADA and Rehabilitation Act? |
| 22-5660 |
Jon Anthony Terry v. United States |
Fifth Circuit |
2022-09-22 |
Denied |
Response WaivedIFP |
ability-to-pay criminal-procedure district-court due-process future-assessment hypothetical-means judicial-discretion sentencing special-assessment statutory-interpretation |
Whether a district court may impose a special assessment under 18 U.S.C. 3014(a) based on a defendant's hypothetical future ability to pay, rather tha… |
| 22-5627 |
Justin Tyrone Young v. Texas |
Texas |
2022-09-20 |
Denied |
IFP |
due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion plea-bargaining sentencing-guidelines statutory-maximum supreme-court-precedent |
Can a lawyer have his client plead guilty to 20 years on a statutory maximum of 15 years? |
| 22-5630 |
In Re William Harold Wright, Jr. |
|
2022-09-20 |
Denied |
IFP |
adequate-relief appellate-jurisdiction civil-rights constitutional-violation criminal-pleading due-process exceptional-circumstances fifth-amendment judicial-discretion standing |
Whether the exceptional circumstances warrant the exercise of the Court's discretionary powers |
| 22-5600 |
Quincetta Y. Cargill v. Alabama, et al. |
Eleventh Circuit |
2022-09-16 |
Denied |
Response WaivedIFP |
affidavit-of-bias appellate-review civil-rights counsel-ineffectiveness due-process judicial-discretion judicial-misconduct motion-denial personal-jurisdiction recusal standing |
Whether the district court judge's failure to disclose and respond to the petitioner's affidavit of personal bias and prejudice under 28 U.S.C. §§ 144… |
| 22-5587 |
Kaleb L. Basey v. United States District Court for the District of Alaska |
Ninth Circuit |
2022-09-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-court circuit-judge federal-appellate-procedure FRAP-22(b)(1) habeas habeas-corpus judicial-discretion mandamus retroactive-effect writ-of-mandamus |
Does a habeas petitioner have a right under FRAP 22(b)(1) to request a certificate of appealability from a specifically chosen circuit judge? |
| 22-242 |
Cyrano R. Irons v. United States |
Eighth Circuit |
2022-09-14 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review circuit-split criminal-procedure district-court harmless-error judicial-discretion procedural-error sentencing-guidelines sentencing-procedure |
Whether errors in calculating the Sentencing Guidelines are rendered categorically harmless by the district court's assertion that the Guidelines woul… |
| 22-5557 |
David Laurence Hodges v. William Bolin, Warden |
Eighth Circuit |
2022-09-13 |
Denied |
IFP |
28-usc-2253 certificate-of-appealability due-process federal-court federal-courts habeas-corpus judicial-discretion reasonable-jurists statutory-interpretation |
Whether a federal court may find that 'reasonable jurists would not disagree' about the denial of relief under 28 U.S.C. § 2253 where other courts hav… |
| 22-5567 |
Lamar Harris v. United States |
Eighth Circuit |
2022-09-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-discretion plain-error plain-error-review sentencing sentencing-waiver waiver |
Whether sentencing issue is waived where the Defendant raises, but drops an issue as part of a sentencing or subject to plain error review under Fed. … |
| 22-228 |
In Re Urvashi Bhagat |
|
2022-09-12 |
Denied |
Response Waived |
administrative-law agency-immunity bad-faith damages federal-jurisdiction judicial-discretion mandamus patent-examination patent-rights takings takings-claim |
Whether the District Court abused discretion and obstructed justice |
| 22-229 |
In Re Brian D. Swanson |
|
2022-09-12 |
Denied |
|
17th-amendment administrative-law article-5 article-five
22-228" article-five-consent constitutional-interpretation constitutional-ratification equal-suffrage federal-question-jurisdiction georgia judicial-discretion patent-rights popular-elections senate-elections senate-representation seventeenth-amendment state-consent subject-matter-jurisdiction takings-claim Whether the District Court abused discretion in di |
Does the Seventeenth Amendment deprive the State of Georgia of its equal suffrage in the Senate, requiring its consent under Article 5 of the Constitu… |
| 22-5562 |
Christopher Alexander v. United States |
Fifth Circuit |
2022-09-12 |
Denied |
Response WaivedIFP |
due-process first-step-act government-response judicial-discretion misinformation reply section-404 sentencing sentencing-variance upward-variance |
Whether Petitioner was denied his due process rights when the district court granted his Section 404 of the First Step Act motion, but imposed upward … |
| 22-5526 |
William Paul Burch v. Homeward Residential Incorporated |
Fifth Circuit |
2022-09-08 |
Denied |
Response WaivedRelisted (2)IFP |
article-iii-judge bankruptcy civil-procedure constitutional-procedure due-process federal-court judicial-discretion jurisdiction removal removal-jurisdiction standing state-court |
Is it a violation of the United States Constitution for a federal court to accept removal of a case from state court after thirty days or can it be ex… |
| 22-5533 |
Dario Pinson v. United States |
Eleventh Circuit |
2022-09-08 |
Denied |
Response WaivedIFP |
18-usc-3582 18-usc-3582c compassionate-release criminal-procedure due-process habeas-corpus judicial-discretion sentencing |
Whether the district court's failure to properly consider the appropriate factors pursuant to 18 U.S.C. § 3582(c) before denying Mr. Pinson's motion f… |
| 22-5514 |
Roland Scott, Jr. v. United States |
Seventh Circuit |
2022-09-06 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process judicial-discretion jurisdiction sentencing standing statutory-interpretation |
Did the United States Supreme Court overturn its own precedent in Rehaif v. United States, 139 S. Ct. 2191, 204 L. Ed. 2d 594 (2019) |
| 22-5506 |
Kacey Lewis v. Angel Quiros, Commissioner, Connecticut Department of Correction |
Connecticut |
2022-09-02 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review criminal-procedure criminal-trial due-process effective-assistance-of-counsel fair-trial habeas-corpus judicial-discretion state-court-proceedings |
Whether the petitioner was deprived of his rights to a fair trial |
| 22-5484 |
Erika Perez-Garcia v. United States |
Fifth Circuit |
2022-09-01 |
Denied |
Response WaivedIFP |
appellate-review conflict-with-other-courts criminal-procedure district-court holguin-hernandez judicial-discretion sentencing-argument sentencing-guidelines substantial-arguments |
Whether a party may obtain appellate relief when the district court fails to reference or address substantial arguments for a sentence outside the Gui… |
| 22-5496 |
Vance L. White v. Texas |
Texas |
2022-09-01 |
Denied |
IFP |
court-modification criminal-procedure grand-jury indictment-elements ineffective-assistance-of-counsel judicial-discretion plea-bargaining plea-colloquy sentencing statutory-maximum |
Can the Judge modify the essential elements of the indictment? |
| 22-5466 |
Leonard Andrew v. United States |
Sixth Circuit |
2022-08-30 |
Denied |
Response WaivedIFP |
significant intellectual deficit and reduced ment criminal-sentencing downward-departure intellectual-deficit judicial-discretion mental-capacity reduced-mental-capacity sentencing sentencing-guidelines USSG-5H1.3 USSG-5K2.13 |
Whether a sentencing court must meaningfully address a defendant's request for a downward departure pursuant to USSG §§ 5H1.3 and 5K2.13 when he has a… |
| 22-5470 |
Larry Marlowe Chambers v. United States |
Sixth Circuit |
2022-08-30 |
Denied |
IFP |
appellate-review concepcion-v-united-states criminal-resentencing district-court first-step-act judicial-discretion remand sentencing-reduction statutory-interpretation |
Whether a district court commits reversible error by issuing contradictory analyses for reductions under § 404 of the First Step Act without clear exp… |
| 22-5457 |
J. Christopher Wreh v. Alex Gianotos, et al. |
Texas |
2022-08-29 |
Denied |
Relisted (2)IFP |
appellate-review civil-procedure due-process judicial-discretion motion-denial motion-practice rehearing-request standing supreme-court-procedure time-extension |
Whether the Supreme Court of Texas erred in denying the motion for extension of time to file a rehearing petition |
| 22-5436 |
Oraine D. Brown v. New Jersey |
New Jersey |
2022-08-24 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure discovery discovery-rules due-process judicial-discretion new-jersey-court-rule pre-indictment-discovery prosecutorial-misconduct prosecutorial-motion speedy-trial trial-commencement trial-postponement |
Can a trial judge postpone a trial on its commencement date at the prosecutor's motion for additional discovery without establishing how the opposing … |
| 22-165 |
Samuel M. Howard v. Office of the Special Deputy Receiver, et al. |
Fifth Circuit |
2022-08-23 |
Denied |
Response Waived |
amendment civil-procedure civil-rights discrimination due-process eeoc-filing employment judicial-discretion standing title-vii |
Whether the District Court and Magistrate Judge did not consider all of the brief, filing, company witnesses, and business location and area |
| 22-158 |
Jeremiah D. Edwards v. United States |
Seventh Circuit |
2022-08-19 |
Denied |
Response Waived |
courtroom-conduct due-process fair-trial government-witness judicial-discretion judicial-procedure jury-consideration legal-standard witness-behavior |
Is a Government witness' inappropriate behavior in the courtroom gallery an improper consideration for a juror? |
| 22-5374 |
In Re Darris Newsome |
|
2022-08-19 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence evidentiary-admission incarceration incarceration-evidence judicial-discretion transfer-history |
Whether the refusal to allow Baggi's testimony and the denial of an authenticated copy of a transfer history document severely impeded his ability to … |
| 22-5400 |
Maurice D. Bell v. United States |
Eighth Circuit |
2022-08-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure judicial-discretion plain-error-review preservation-of-error procedural-error sentencing sentencing-procedure |
Whether an appellate court errs under Fed. R. Crim. P. 51 by applying plain error review to a claim of procedural error brought to the sentencing judg… |
| 22-5390 |
Carina Conerly v. Julie G. Yap, et al. |
Ninth Circuit |
2022-08-18 |
Denied |
IFP |
abuse-of-discretion appellate-review civil-procedure civil-rights court-procedure due-process frivolous-appeal frivolous-claim in-forma-pauperis judicial-discretion standing |
Whether the Ninth Circuit Court of Appeals erred in finding petitioners' claim to be frivolous |
| 22-5313 |
Jesse Rondale Bailey v. United States |
Sixth Circuit |
2022-08-09 |
Denied |
Response WaivedIFP |
18-usc-3553(a)(6) career-offender criminal-procedure empirical-evidence evidence-based judicial-discretion presumption sentencing-disparities sentencing-guidelines unwarranted-disparity within-range-sentences |
Whether a court may categorically refuse to consider empirical evidence showing that other judges impose sentences below the guideline range in the va… |
| 22-5314 |
Daniel Ray v. United States |
Ninth Circuit |
2022-08-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion legal-reasoning rita-v-united-states sentencing-guidelines |
Whether sentencing judges must explain why they have rejected a nonfrivolous argument made by a defendant in favor of a lower sentence |
| 22-5267 |
John Everette Murray, III v. Florida |
Florida |
2022-08-03 |
Denied |
IFP |
abuse-of-discretion amendment constitutional-rights criminal-procedure due-process judicial-discretion post-conviction-relief remand rule-3.850 state-courts |
Will the United States Supreme Court allow the State courts to abuse their discretion by denying a rule 3.850 motion determined to be facially deficie… |
| 22-5263 |
Jesse Brown v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2022-08-02 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review counsel-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion procedural-default standard-of-review |
Whether the trial court erred in denying the petitioner's legitimate defense theory |
| 22-5192 |
Jose Manuel Hernandez-Miranda v. United States |
Eleventh Circuit |
2022-08-01 |
Denied |
Response WaivedIFP |
compassionate-release court-review covid-19 criminal-justice due-process eighth-amendment extraordinary-reasons judicial-discretion petitioner-rights sentencing sentencing-relief |
Whether the Petitioner should receive compassionate release based on the stated extraordinary and compelling reasons |
| 22-5233 |
Carina Conerly v. Yee Yang, et al. |
Ninth Circuit |
2022-07-29 |
Denied |
IFP |
appellate-review appointment-of-counsel civil-procedure civil-rights constitutional-rights due-process in-forma-pauperis judicial-discretion standing |
Whether the Ninth Circuit abused its discretion |
| 22-5194 |
Maxo Jean v. United States |
Second Circuit |
2022-07-27 |
Denied |
Response WaivedIFP |
28-usc-2255 appeals appellate-procedure criminal-procedure federal-rules-of-appellate-procedure habeas-corpus judicial-discretion jurisdiction motion-to-vacate timeliness timely-filing |
Whether the appeals court abused its discretion by dismissing petitioner's notice of appeal from the denial of a motion to vacate, filed pursuant to 2… |
| 22-5209 |
Adam Paul Blomdahl v. Doctor Jaffe, et al. |
Ninth Circuit |
2022-07-27 |
Denied |
IFP |
appellate-review civil-procedure civil-rights disclosure due-process judicial-discretion ninth-circuit standing summary-judgment |
Whether the Court of Appeals erred when it issued its Mandate without addressing the Appellants' claim of County Appellees' withholding of disclosure … |
| 22-5189 |
Haider Salah Abdulrazzak v. Brent Fluke, Warden, et al. |
Eighth Circuit |
2022-07-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process federal-civil-procedure federal-habeas-proceedings habeas-corpus judicial-bias judicial-discretion procedural-default rule-60b-motion |
whether-the-district-court-abused-its-discretion-in-denying-rule-60(b)-motion |
| 22-5190 |
Rafael Cortez-Oropeza v. United States |
First Circuit |
2022-07-26 |
Denied |
Response WaivedIFP |
admissibility-of-evidence atf bureau-of-alcohol-tobacco-and-firearms criminal-procedure evidence expert-testimony firearms interstate-commerce judicial-discretion legal-standard |
Whether the district court erred in allowing an unqualified ATF agent to testify as an expert on interstate commerce |
| 22-5191 |
Anis Blemur v. United States |
Eleventh Circuit |
2022-07-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion certificate-of-appealability controlling-precedent district-court eleventh-circuit guilty-plea ineffective-assistance-of-counsel judicial-discretion remand |
Whether the Eleventh Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in hold… |
| 22-5150 |
Julio Cesar Gomez v. United States |
Ninth Circuit |
2022-07-21 |
Denied |
IFP |
circuit-split criminal-procedure due-process entrapment entrapment-defense evidence-admissibility fair-trial inadmissible-evidence judicial-discretion preemptive-rebuttal |
Whether a district court errs when it permits the government to introduce highly inflammatory, and otherwise inadmissible, evidence to preemptively re… |
| 22-5134 |
Bart J. Tarulli v. Ameriprise Financial Services |
Second Circuit |
2022-07-19 |
Denied |
Response WaivedIFP |
attorney-misconduct civil-procedure civil-rights due-process evidence-standard judicial-discretion legal-violations merit-based-decision preponderance-of-evidence procedural-fairness self-representation standing |
Does the court believe that 'cheating' and violating established law/rules must be addressed with an imposition of the clear penalties so listed? |
| 22-5067 |
Benjamin M. Withrow v. Wisconsin |
Wisconsin |
2022-07-15 |
Denied |
Response WaivedIFP |
connection-between-causes connection-severed criminal-procedure initial-confinement judicial-discretion multiple-cases sentencing-credit separate-charges wisconsin-law |
Whether Petitioner is entitled to sentencing credit on multiple cases when there is a connection — not between the offenses but between the causes of … |
| 22-5102 |
Nathaniel Louis Daniels v. United States |
Fourth Circuit |
2022-07-13 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
6th-amendment armed-career-criminal-act criminal-procedure judge judicial-discretion jury jury-determination sentencing-enhancement sixth-amendment statutory-interpretation |
Whether the Sixth Amendment requires that a jury, rather than a judge, resolve whether prior crimes were 'committed on occasions different from one an… |
| 22-16 |
Business Exposure Reduction Group (BERG) Associates, LLC v. Pershing Square Capital Management, L.P. |
Second Circuit |
2022-07-06 |
Denied |
Response Waived |
12(b)(6) civil-procedure dismissal inference-drawing inferences judicial-discretion motion-to-dismiss pleading-standard pleadings rule-12b6 state-of-mind twombly-standard |
Whether the courts below deviated from and disregarded this Court's holding in Bell Atl. Corp. v. Twombly |
| 22-5023 |
Sam Jones, Jr. v. United States |
Eleventh Circuit |
2022-07-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process eleventh-circuit judicial-discretion less-culpable-defendant mandatory-minimum sentencing-entrapment supervisory-jurisdiction |
Whether the Eleventh Circuit erred in affirming the district court's denial of a motion for judgment of acquittal and a motion for new trial on ground… |
| 22-5029 |
Christopher Michael Fairley v. United States |
Fifth Circuit |
2022-07-05 |
Denied |
Response WaivedIFP |
appellate-review court-ruling criminal-procedure due-process error-preservation judicial-discretion legal-objection preservation-of-error standard-of-review |
Whether parties to a criminal proceeding sufficiently preserve error by informing the court |
| 22-5008 |
Anthony A. Patel v. Sonya Bhatia |
California |
2022-06-30 |
Dismissed |
Response WaivedIFP |
civil-procedure court-authority due-process judicial-authority judicial-discretion martial-law settlement settlement-agreement sua-sponte-sanctions vexatious-litigant |
Whether courts can impose sua sponte punishments against litigants in cases already settled |
| 21-8277 |
Matthew Michael Cimino v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-guidelines standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 21-8242 |
Michael David Webb v. Anthony S. Fauci, et al. |
Fourth Circuit |
2022-06-28 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-procedure agency-response civil-rights due-process face-act foia free-exercise freedom-of-information-act injunctive-relief judicial-discretion procedural-due-process standing |
Whether a Trial Court may not exercise its powers against a candidate for office to stifle free-speech |
| 21-8256 |
Ortaz Sharp v. United States |
Eleventh Circuit |
2022-06-28 |
Denied |
Response WaivedIFP |
appeal appellate-procedure due-process government-abandonment government-appeal judicial-discretion party-presentation sentencing sentencing-hearing sineneng-smith statutory-interpretation |
Whether a court of appeals violates the party-presentation principle |
| 21-8257 |
Edwin Oland Andrus v. United States |
Fifth Circuit |
2022-06-28 |
Denied |
Response WaivedRelisted (2)IFP |
access-to-courts civil-rights covid-19 covid-19-restrictions due-process habeas-corpus judicial-discretion procedural-due-process section-2255 statutory-interpretation |
Can the Court omit exculpatory facts to deny a citizen his one year guaranteed by 28 U.S.C. §2255(f£)(1) when the government by locking down the defen… |
| 21-8232 |
Stephon Ellis v. United States |
Fourth Circuit |
2022-06-24 |
Denied |
Response WaivedIFP |
criminal-sentencing eighth-amendment judicial-discretion mitigating-factors mitigation-factors proportionality proportionality-principle sentencing-guidelines traumatic-background traumatic-childhood |
Whether the 90-month sentence imposed on Mr. Ellis was 'greater than necessary' considering his extraordinarily traumatic childhood |
| 21-1590 |
Rosemarie Austin v. Nationstar Mortgage LLC, et al. |
Ninth Circuit |
2022-06-24 |
Denied |
Response Waived |
14th-amendment 5th-amendment civil-procedure discovery discovery-rights due-process fifth-amendment fourteenth-amendment judicial-discretion pro-se |
Whether a litigant in pro se can be denied their right to due process under the 5th and 14th Amendments solely based on the court's assumption that th… |
| 21-8206 |
Noble Laverne Bennett v. United States |
Eighth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
appeal appellate-review constitutional-interpretation criminal-procedure due-process extraordinary-circumstances habeas-corpus judicial-discretion procedural-error sentencing sentencing-review |
Whether the Eighth Circuit erred in denying Bennett's appeal without an opportunity to be heard |
| 21-8209 |
Alan M. Leschyshyn v. AbbVie Inc., et al. |
Seventh Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
arizona-law case-filing civil-procedure collateral-estoppel contemporaneous-filing issue-preclusion judicial-discretion prior-decision summary-judgment |
Whether the lower court erred or abused its discretion in granting summary judgment based on collateral estoppel where the record showed the Arizona c… |
| 21-8222 |
Abdur-Rashid Muhammad v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al. |
Eighth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
amendment civil-procedure civil-rights due-process federal-courts fifth-amendment judicial-discretion leave-to-amend pro-se pro-se-litigants standards-of-practice standing |
Whether the Fifth Amendment prohibits federal courts from holding pro se litigants to the same stringent standards as attorneys |
| 21-1575 |
Geoffrey M. Young v. Jeremy Mattox, Judge, Circuit Court of Kentucky, 14th Judicial Circuit |
Kentucky |
2022-06-21 |
Denied |
Response Waived |
abuse-of-discretion circuit-court civil-procedure clerk court-clerk judicial-discretion judicial-ethics mandamus ministerial-duties prohibition |
Does any circuit court judge have the authority or discretion to prevent the clerk of the circuit court from properly performing her ministerial dutie… |
| 21-8171 |
Lamar Keith Garvin v. United States |
Fourth Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing defendant-characteristics due-process judicial-discretion sentencing sentencing-disparities sentencing-guidelines sentencing-range sentencing-variance |
Whether the district court abused its discretion in not granting the defendant a variance sentence |
| 21-8175 |
Adrian Castro v. United States |
Fifth Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability court-of-appeals due-process government-objection habeas-corpus judicial-discretion procedural-jurisdiction sua-sponte sua-sponte-review |
Whether the Court of Appeals may sua sponte raise an alleged inadequacy of its own Certificate of Appealability after the parties have fully briefed t… |
| 21-8152 |
Filiberto Chavez, aka Big Boy, aka Freeway Beto v. United States |
Ninth Circuit |
2022-06-16 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process judicial-discretion lesser-offense sentencing sentencing-enhancement statutory-maximum |
Can a sentencing court use the elements of a lesser offense to increase a defendant's sentence in a different, legally unrelated, offense beyond the o… |
| 21-8141 |
Christopher G. Poeschl v. Foundation Building Materials, LLC, et al. |
Colorado |
2022-06-15 |
Denied |
IFP |
appellate-review civil-procedure due-process evidentiary-sufficiency expert-testimony judicial-discretion legal-fraud perjury prejudice structural-error trial-procedure trial-procedures |
Whether or not fraud solidified the Colorado Appeals Affirmation |
| 21-1557 |
Dayonta McClinton v. United States |
Seventh Circuit |
2022-06-14 |
Denied |
Amici (6)Response RequestedResponse WaivedRelisted (14) |
criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 21-8124 |
Kywon A. Datham v. United States |
District of Columbia |
2022-06-10 |
Denied |
Response WaivedIFP |
civil-rights compassionate-release criminal-procedure danger-to-community due-process incarcerated-persons judicial-discretion rule-35b sentence-reduction sentencing time-bar |
whether District of Colombia Count of Appeels errel . hen it denicd petitioner's fequest for Somameny reversal? |
| 21-8104 |
Frederick Williams v. Toll Brothers Builders, et al. |
Delaware |
2022-06-09 |
Denied |
IFP |
civil-procedure complaint-response default-judgment failure-to-answer judicial-discretion motion-for-default relief-demanded service-of-process time-limitation time-to-answer |
Is there something called a default judgment and how does it come into play? |
| 21-1541 |
Quannah L. Harris v. Jerry Biddle, et al. |
Sixth Circuit |
2022-06-08 |
Denied |
Response Waived |
appellate-procedure civil-procedure court-filing due-process equitable-relief federal-courts federal-rules judicial-discretion procedural-limitations standing |
Does Rule 4(a)(6) of the Rules of Appellate Procedure limit equitable relief as it is part of the broad powers granted to the Federal Courts? |
| 21-8087 |
Zachary S. Keeter v. United States |
Eighth Circuit |
2022-06-08 |
Denied |
Response WaivedIFP |
addiction criminal-defense criminal-law due-process expert-testimony improperly-prescribed-medication involuntary-intoxication judicial-discretion medication-addiction mental-health psychosis-claim |
Should a person whose addiction is the result of improperly prescribed medication be allowed an involuntary intoxication defense? |
| 21-8079 |
Kenyad Laquan Kelly v. United States |
Fourth Circuit |
2022-06-07 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing district-court due-process federal-sentencing gall-v-united-states judicial-discretion legal-standard sentencing-guidelines standard-of-review |
Whether the District Court Erred in Applying a Different Starting Point for Defendant's Sentence than the United States Sentencing Guidelines? |
| 21-8063 |
William Lee Wright Jr. v. California |
California |
2022-06-06 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process faretta faretta-motion judicial-discretion self-representation timeliness totality-of-the-circumstances |
Whether a pre-trial request for self-representation under Faretta v. California is timely |
| 21-8065 |
Arthur Glenn Jones, Sr. v. Sam Wong, et al. |
Ninth Circuit |
2022-06-06 |
Denied |
Response WaivedIFP |
9th-circuit atrophy civil-procedure civil-rights due-process informed-consent judicial-discretion medical-care medical-negligence prisoner-rights psychotropic-medication standing |
Did the 9th Circuit U.S. Court of Appeals abuse its discretion? |
| 21-8048 |
Michael Ray Kapp v. United States |
Ninth Circuit |
2022-06-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-court compassionate-release criminal-justice federal-procedure judicial-discretion sentencing summary-affirmance |
Whether the Denial of Michael Kapp's Motion for Compassionate Release Was an Abuse of Discretion? |
| 21-7997 |
Benjamin Green Robinson v. United States |
Eleventh Circuit |
2022-05-27 |
Denied |
Response WaivedIFP |
abuse-of-discretion cocaine-trafficking criminal-procedure evidence judgment-of-acquittal judicial-discretion motion-in-limine motion-to-suppress plain-error prior-conviction |
Whether the lower courts abused their discretion in admitting prior conviction evidence |
| 21-7970 |
Oscar Geovanny Campos v. United States |
Fifth Circuit |
2022-05-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court guideline-range holguin-hernandez judicial-discretion sentencing-arguments sentencing-guidelines substantial-arguments |
Whether a party may obtain appellate relief when the district court fails to reference or address substantial arguments for a sentence outside the Gui… |
| 21-7953 |
Antonio D. McCaster v. Ron Neal, Warden |
Seventh Circuit |
2022-05-24 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights district-court due-process habeas-corpus judicial-discretion petition-dismissal procedural-error related-cases standing time-bar |
Whether the United States District Court Northern District of Indiana South Bend Division's judge abused his discretion in dismissing the petitioner's… |
| 21-7968 |
Thurman Jerome Brown v. New York, et al. |
Second Circuit |
2022-05-24 |
Dismissed |
Response WaivedIFP |
13th-amendment binding-precedent civil-procedure civil-rights due-process extrajudicial-proceedings judicial-discretion personal-jurisdiction standing subject-matter-jurisdiction void-judgment |
What is the full legal effect of the U.S. Supreme Court's refusal to grant certiorari? |
| 21-1468 |
Erickson Meko Campbell v. United States |
Eleventh Circuit |
2022-05-23 |
Denied |
|
appellate-procedure appellate-review circuit-court civil-procedure constitutional-law due-process judicial-discretion party-presentation sineneng-smith standing sua-sponte |
Whether a court of appeals violates the principle of party presentation |
| 21-7938 |
Larry Wayne Kimes v. United States |
Fifth Circuit |
2022-05-23 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review certificate-of-appealability circuit-split civil-procedure due-process federal-rules-of-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion rule-52 |
Should federal appeals courts require district courts to explain their opinions and orders in sufficient detail to aid in appeals? |
| 21-7941 |
Linda A. Petralia v. American Express National Bank |
New Hampshire |
2022-05-23 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights court-jurisdiction due-process judicial-discretion res-judicata rule-of-law state-court-jurisdiction summary-judgment |
Whether the state court abused discretion and violated due process by reopening a dismissed case |
| 21-7909 |
Kevin D. Moore v. United States |
Fifth Circuit |
2022-05-19 |
Dismissed |
Response WaivedIFP |
appointment-affidavit civil-procedure civil-rights civil-servant due-process federal-rules-of-evidence judicial-discretion oath-of-office standing united-states-attorney |
Whether an individual who does not have an Appointment Affidavit and has not taken the Oath of Office can become a civil servant/Assistant United Stat… |
| 21-1459 |
Thomas Levien, et al. v. HIBU PLC, et al. |
Third Circuit |
2022-05-18 |
Denied |
Response Waived |
alternative-forum american-federal-forum burden-of-proof conditional-dismissal forum-non-conveniens judicial-discretion jurisdiction jurisdictional-analysis statute-of-limitations |
Whether a proposed alternative forum is adequate and/or available if its statute of limitations has expired |
| 21-7902 |
Marc Anthony Lowell Endsley v. California |
Ninth Circuit |
2022-05-18 |
Dismissed |
IFP |
civil-procedure civil-rights due-process habeas-corpus judicial-discretion legal-remedy procedural-bar standing vexatious-litigant writ-denial |
Can a vexatious-litigant-order be used to deny a writ-of-habeas-corpus? |
| 21-7891 |
William Ramirez-Frechel v. United States |
First Circuit |
2022-05-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process federal-sentencing-guidelines judicial-discretion reasonableness reasonableness-review sentencing |
Whether the sentence imposed is unreasonable |
| 21-1442 |
In Re Adriano Kruel Budri |
|
2022-05-16 |
Denied |
|
appellate-procedure brief-dismissal civil-procedure constitutional-rights due-process fifth-circuit judicial-discretion pro-se pro-se-litigation timely-filing |
Did the Panel of the U.S. Court of Appeals for the Fifth Circuit err by dismissing for want of prosecution a pending Appellant's Opening Brief filed i… |
| 21-7822 |
Christopher Patrick Lovings v. United States |
Sixth Circuit |
2022-05-10 |
Denied |
Response WaivedIFP |
criminal-procedure enhancement fleeing fleeing-offense judicial-discretion knowledge knowledge-standard law-enforcement sentencing sentencing-guidelines ussg-3c1.2 |
Whether a sentencing court may apply an enhancement pursuant to USSG § 3C1.2 when the record fails to establish the defendant knew or had reason to kn… |
| 21-7798 |
Francisco Manuel Padilla v. California |
California |
2022-05-06 |
Denied |
IFP |
constitutional-rights counsel-appointment criminal-procedure due-process ineffective-assistance judicial-discretion plea-bargaining plea-withdrawal right-to-counsel standard-of-review |
Did the trial court abuse its discretion and violate the appellant's constitutional rights by denying his motion to withdraw his pleas? |
| 21-1414 |
Barton Ray Crandall v. United States |
Eighth Circuit |
2022-05-04 |
Denied |
Response Waived |
18-usc-3582(c)(1)(A) 18-usc-924(c) criminal-law criminal-procedure criminal-sentencing extraordinary-and-compelling-reasons extraordinary-circumstances federal-sentencing judicial-discretion sentence-reduction sentencing-reduction statutory-interpretation |
Whether a district court may consider the 2018 amendment to the sentences mandated by 18 U.S.C. § 924(c) in determining whether a defendant has shown … |
| 21-7767 |
Michael Don Billups v. United States |
Fifth Circuit |
2022-05-04 |
Denied |
Response WaivedIFP |
advisory-opinions appellate-review district-court federal-sentencing judicial-discretion prejudice prejudicial-error sentencing-guidelines standard-of-review |
Whether courts of appeals evaluating the prejudicial effect of a Guideline error must accept a district court's claim that the Guidelines exerted no i… |
| 21-7751 |
Timothy Littlejohn v. Dr. Dalton, et al. |
Eleventh Circuit |
2022-04-29 |
Denied |
IFP |
civil-rights disability due-process glaucoma-treatment judicial-discretion medical-negligence medical-treatment ophthalmology standing |
Whether the district court misapplied the governing legal rules concerning my constitutional right to be treated by ophthalmologists and did so by imp… |
| 21-7731 |
Alonzo Bell v. Illinois |
Illinois |
2022-04-27 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence evidence-exclusion judicial-discretion proportionate-penalties sentencing |
Whether the Appellate Court abused its discretion in admitting social media evidence |
| 21-7701 |
Francisco Rosales Hernandez v. United States |
Ninth Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
advisory-guidelines advisory-range criminal-procedure district-court extraordinary-compelling-reasons judicial-discretion molina-martinez-v-united-states ninth-circuit plain-error remand remand
21-7700" rosales-mireles-v-united-states sentencing-guidelines sentencing-law sentencing-reduction statutory-interpretation Whether a district court may consider nonretroacti |
When should a case be remanded for resentencing under the plain-error standard of review if the district court failed to announce its calculation of t… |
| 21-7667 |
Daniel Irving v. California |
California |
2022-04-21 |
Denied |
Response WaivedIFP |
conflicting-rulings constitutional-rights due-process evidence-suppression exculpatory-evidence fair-trial innocence-evidence judicial-discretion presumption-of-innocence publication-of-decisions unpublished-decisions |
Shouldn't it be illegal to suppress evidence? |
| 21-7672 |
Jermaine E. Spence v. Reemon Bishara, et al. |
Eleventh Circuit |
2022-04-21 |
Denied |
IFP |
civil-procedure civil-rights court-dismissal dismissal due-process evidence in-forma-pauperis judicial-discretion pro-se-litigation procedural-due-process standing |
Were the causes of action substantiated by evidence or was the trial court not in error in dismissing the case? |
| 21-7680 |
In Re Israel Romero |
|
2022-04-21 |
Denied |
IFP |
abeyance administrative-law appellate-review case-suspension civil-procedure court-of-appeals due-process federal-courts fourth-circuit judicial-discretion legal-procedure standing |
Did the U.S. Court of Appeals for the Fourth Circuit err by placing this case in abeyance pending a decision in an unrelated case? |
| 21-7664 |
Luis Alonso Sam-Pena v. United States |
Ninth Circuit |
2022-04-20 |
Dismissed |
Response WaivedIFP |
bail-reform-act danger defendant-rights due-process flight-risk judicial-discretion pretrial-detention pretrial-services release-conditions |
Whether a judicial officer may order pretrial detention without finding that the defendant falls into one of the 'serious' cases in which Congress has… |
| 21-7628 |
Cedric Lee Goliday v. Randee Rewerts, Warden |
Sixth Circuit |
2022-04-15 |
Denied |
Response WaivedIFP |
actual-innocence aedpa appellate-review constitutional-infringement constitutional-rights federal-court habeas-corpus judicial-discretion petition-review pro-se |
Whether a federal habeas court can intentionally slight, dissemble, and neglect a pro se applicant's petition |
| 21-7633 |
Charles Awusin Inko-Tariah v. United States |
District of Columbia |
2022-04-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights due-process forced-medication government-misconduct judicial-discretion mental-health mental-health-treatment pro-se-representation self-representation |
Was the Supreme Court ruling in Faretta vs California violated or trampled |
| 21-7625 |
Jonathan Scott May v. United States |
Fifth Circuit |
2022-04-14 |
Denied |
Response WaivedIFP |
criminal-procedure district-court enhancement federal-sentencing judicial-discretion plain-error sentencing-guidelines |
Did the district court plainly err when applying an enhancement under U.S. Sentencing Guidelines Manual § 2G2.2(b)(5)? |
| 21-7626 |
Joseph Martinez v. United States |
Fifth Circuit |
2022-04-14 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court guideline-range holguin-hernandez judicial-discretion sentencing-argument sentencing-guidelines substantial-arguments |
Whether a party may obtain appellate relief when the district court fails to reference or address substantial arguments for a sentence outside the Gui… |
| 21-1349 |
Ignis Development, Inc., et al. v. Long Island College Hospital, et al. |
New York |
2022-04-13 |
Denied |
Response Waived |
appellate-review civil-procedure due-process equal-protection judicial-discretion new-york-law statutory-interpretation supervisory-power |
Did the Second Department of the Appellate Division of the Supreme Court of New York create an illegal and irrebuttable presumption in New York State … |
| 21-7590 |
Stephen Izuchukwu Onwuzulike v. Merrick B. Garland, Attorney General |
Third Circuit |
2022-04-12 |
Denied |
Response WaivedIFP |
civil-rights deportation due-process immigration immigration-law judicial-discretion jurisdiction non-citizen-rights procedural-review standing takings |
Whether the Due Process Clause prohibits the suppression of a properly filed appeal application |
| 21-7573 |
Jean Lynn Lillie v. Iowa |
Iowa |
2022-04-08 |
Denied |
IFP |
appellate-review civil-procedure civil-rights due-process government-abuse judicial-discretion motion-to-continue standing takings trial-continuance witness-availability |
Whether the state government's alleged deceptive or fraudulent practices to obtain monies from American citizens, including through the use of predato… |
| 21-1336 |
Jeffrey Olsen v. United States |
Ninth Circuit |
2022-04-07 |
Denied |
Amici (1)Response Waived |
covid-pandemic criminal-procedure district-court district-court-authority due-process judicial-discretion jury-trial-suspension jury-trials pandemic prosecutorial-delay speedy-trial-act |
Whether a District Court may dismiss an indictment under the Speedy-Trial-Act where the District Court finds that it is possible to hold a jury trial … |
| 21-7550 |
Sharon Neal v. Natalia Neal |
Oregon |
2022-04-05 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-rights dismissal due-process equal-protection indigent involuntary-dismissal judicial-discretion sanctions |
Is it a violation of due-process to involuntarily dismiss a case with prejudice for a party's failure to pay a monetary sanction that bears no relevan… |
| 21-1320 |
Robert Campo, et al. v. Department of Justice, et al. |
Eighth Circuit |
2022-04-04 |
Denied |
Response Waived |
constitutional-precedent court-interpretation evidence-rules federal-rules-of-evidence federal-rules-of-procedure freedom-of-information-act judicial-discretion judicial-review procedural-rules supreme-court-precedent u.s-constitution |
Whether federal judges are free to flout and violate FOIA, federal rules, the Constitution, and Supreme Court precedent in FOIA adjudications |
| 21-1313 |
Martin Gottesfeld v. United States |
First Circuit |
2022-04-01 |
Denied |
|
appellate-review circuit-conflict circuit-split due-process judicial-discretion judicial-recusal procedural-due-process speedy-trial-act statutory-interpretation |
Whether a different judge can make the requisite 'ends of justice' findings to support a continuance under the Speedy Trial Act |
| 21-7513 |
Jonathan Carvalho v. Steven Kenneway, Superintendent, Massachusetts Correctional Institution at Shirley |
First Circuit |
2022-03-31 |
Denied |
Response WaivedIFP |
aedpa-deference antiterrorism-effective-death-penalty-act arbitrary-decisions constitutional-reliability due-process judicial-discretion legal-standard lower-courts supreme-court trial-court-procedure |
Does the Supreme Court's leeway and the Antiterrorism Effective Death Penalty Act (AEDPA) deference for lower courts to determine due process violatio… |
| 21-7485 |
Terrell Staton v. Ned Lamont |
Second Circuit |
2022-03-29 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights disciplinary-report due-process eighth-amendment grievance-procedure judicial-discretion legal-access malicious-interference procedural-restrictions retaliation |
Did Gam E cE | ~ NoTKE expose the plaintiff to dangerous living conditions by his reluctance and insubordination to wear his mask appropriately? |
| 21-7463 |
James Edward Sandford, III v. United States |
Second Circuit |
2022-03-25 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review criminal-justice criminal-justice-reform judicial-discretion post-conviction-relief prison-population rehabilitation sentencing supervisory-power supreme-court-power |
When should a court consider a defendant's post-sentencing rehabilitation |
| 21-7446 |
Kristopher Kyle Russell v. Texas |
Texas |
2022-03-24 |
Denied |
IFP |
criminal-procedure dna-testing due-process equal-protection judicial-discretion post-conviction-relief standing statutory-interpretation |
Whether the Texas courts' interpretation of the statute requiring appointment of counsel to determine if biological evidence exists violates due proce… |
| 21-7440 |
Norman Alan Kerr v. Christopher Gomez, Warden |
Sixth Circuit |
2022-03-23 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure document-suppression due-process evidence-rules government-misconduct judicial-discretion plea-bargaining sentencing trial-procedure |
Whether the stipulation waives all the elements of the offense, and whether the court can legally hold such a stipulation as valid |
| 21-7443 |
Roberto Arenas-Tellez v. United States |
Fifth Circuit |
2022-03-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure district-court guideline-range holguin-hernandez-v-united-states judicial-discretion sentencing-guidelines substantial-arguments |
Whether a party may obtain appellate relief when the district court fails to reference or address substantial arguments for a sentence outside the Gui… |
| 21-7426 |
Eric Jason Spears v. Scott Crow, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2022-03-22 |
Denied |
IFP |
8th-amendment constitutional-rights due-process evidence-standards ineffective-assistance-of-counsel judicial-discretion legal-procedure post-conviction procedural-fairness prosecutorial-misconduct standing |
Whether the petitioner's successive petition for post-conviction relief was unconstitutionally denied due to a malicious claim |
| 21-7430 |
Roberto Padilla Espinoza v. United States |
Fifth Circuit |
2022-03-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process equal-protection fifth-circuit-review judicial-discretion prior-convictions sentencing-enhancement sentencing-guidelines |
Whether the Fifth Circuit improperly approved the district court's decision to increase the petitioner's sentence based on unscored prior convictions |
| 21-7438 |
Tramone Horne v. United States |
Sixth Circuit |
2022-03-22 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process federal-sentencing federal-sentencing-guidelines judicial-discretion judicial-review preponderance-of-evidence sentencing-guidelines statutory-interpretation |
Should the Court require proof by more than a preponderance of the evidence of facts that significantly increase the defendant's sentence range under … |
| 21-1274 |
Bobby Lee Ingram v. United States |
Eleventh Circuit |
2022-03-21 |
GVR |
Relisted (4) |
criminal-justice-reform district-court-discretion first-step-act judicial-discretion legal-developments retroactivity sentencing sentencing-reduction statutory-interpretation |
Whether a district court must or may consider intervening legal developments when deciding whether to impose a reduced sentence under Section 404(b) o… |
| 21-1267 |
Cisco Systems, Inc. v. SRI International, Inc. |
Federal Circuit |
2022-03-18 |
Denied |
Amici (3)Response Waived |
civil-procedure damages egregious-conduct federal-circuit halo-electronics judicial-discretion patent patent-damages statutory-interpretation willful-infringement |
Whether enhanced damages under 35 U.S.C. § 284 may be awarded absent a finding of egregious infringement behavior |
| 21-1250 |
Jamal Darius Parker v. Antony Blinken, Secretary of State, et al. |
Ninth Circuit |
2022-03-15 |
Denied |
|
civil-rights constitutional-interpretation constitutional-provisions equitable-remedy equity equity-doctrine fiduciary-duty judicial-discretion procedural-rights treaties treaty-law |
Whether the lower court's and agent's who are people bound by oath to be Persons worthy of trust, decision to dismiss petitioner claim is not contrary… |
| 21-7367 |
Adam Shane Swindle v. S. Ma'at |
Fifth Circuit |
2022-03-15 |
Denied |
Response WaivedIFP |
burden-of-proof certiorari-standard constitutional-interpretation court-procedure cruel-and-unusual-punishment due-process habeas-corpus judicial-discretion pandemic-review record-review |
Should an inmate be punished for an act they could not have known to be prohibited? |
| 21-7343 |
Harry Hueston v. United States |
Second Circuit |
2022-03-11 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability civil-procedure due-process equitable-tolling habeas-corpus ineffective-assistance judicial-discretion legal-remedy procedural-default timeliness |
Whether it was error for the Second Circuit to deny Huestion the right to file an appeal or COA when timeliness was the result of facts beyond his con… |
| 21-7345 |
David Wayne Aring v. United States |
Eleventh Circuit |
2022-03-11 |
Denied |
Response WaivedIFP |
child-pornography circuit-split due-process eighth-amendment first-time-offender judicial-discretion sentencing sentencing-guidelines supervised-release |
Whether lifetime supervised release is appropriate for a first-time, non-violent offender convicted of receiving and watching child pornography |
| 21-7346 |
Avian Brule v. United States |
Fifth Circuit |
2022-03-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error judicial-discretion revocation-standard sentencing supervised-release |
What is the appellate standard of review applicable to sentences imposed following revocation of supervised release? |
| 21-7332 |
Marlon Sisnero-Gil v. United States |
Second Circuit |
2022-03-10 |
Denied |
Response WaivedIFP |
appellate-review circuit-conflict circuit-split criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines sentencing-reasonableness substantive-reasonableness substantive-unreasonableness supervisory-power |
Whether the Petition should be granted because the Court of Appeals' decision holding that Petitioner's sentence was not substantively unreasonable co… |
| 21-7327 |
Tina Carol Ortega v. United States |
Fifth Circuit |
2022-03-09 |
Denied |
Response WaivedIFP |
criminal-procedure delegation-of-authority district-court due-process judicial-discretion plain-error probation probation-officer sentencing separation-of-powers |
Did the district court plainly err when it delegated to a probation officer the authority to determine the duration of a residential treatment program… |
| 21-7316 |
Richard Duerson v. United States |
Sixth Circuit |
2022-03-08 |
Denied |
Response WaivedRelisted (2)IFP |
absent-witness confrontation-clause criminal-procedure due-process evidence-admission hearsay hearsay-testimony judicial-discretion judicial-proceedings just-conclusion officer-testimony |
What obligation does the court have in allowing an officer to repeat an absent witness's statements which inculpate a defendant, over counsel's object… |
| 21-7221 |
Alfred Lavoris Moody v. United States |
Fourth Circuit |
2022-02-28 |
Denied |
Response WaivedIFP |
criminal-justice criminal-procedure due-process judicial-discretion juvenile-justice mitigating-factors mitigation-factors proportionality rehabilitation sentencing sentencing-guidelines sentencing-review |
Whether the 78-month sentence imposed on Mr. Moody was 'greater than necessary' considering his troubled childhood |
| 21-7223 |
Angel DeLara v. California |
California |
2022-02-28 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process fourteenth-amendment judicial-discretion jury-determination jury-trial penal-code sentencing sentencing-enhancement sixth-amendment |
Whether California's Determinate Sentencing Law violates the Sixth and Fourteenth Amendments |
| 21-7225 |
Milton Lattimore v. Illinois |
Illinois |
2022-02-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial guilty-plea judicial-discretion mental-competency special-conditions trial-fitness |
Whether a person who is fit to stand trial only with special conditions is denied due process when the trial court accepts a guilty plea entered witho… |
| 21-7175 |
Keith Smeaton v. United States District Court for the Western District of Louisiana |
Fifth Circuit |
2022-02-22 |
Denied |
Response WaivedIFP |
access-to-courts civil-rights constitutional-law due-process habeas-corpus international-human-rights judicial-discretion mandamus-petition obstruction-of-justice |
Question not identified |
| 21-7139 |
Bradley Scott Williams v. United States |
Fourth Circuit |
2022-02-16 |
Denied |
Response WaivedIFP |
base-level-score criminal-procedure drug-offense judicial-discretion methamphetamine sentencing-guidelines USSG-Section-2D1.1(c)(2) USSG-Section-2D1.1(c)(4) |
Did the trial court commit error when it calculated the appellant's sentencing guideline base level score using the enhanced 'Ice' guideline value und… |
| 21-1119 |
Paul Francis v. John O. Desmond, United States Trustee |
First Circuit |
2022-02-11 |
Denied |
Response Waived |
11-usc-521 11-usc-727 appellate-review bankruptcy-court bankruptcy-procedure court-of-appeals discharge-denial due-process judicial-discretion statutory-interpretation sua-sponte |
Whether the First Circuit Court of Appeals committed error when affirming judgment from the Bankruptcy Court Appellate Panel refusing to reverse the B… |
| 21-7081 |
Marko Stasiv v. United States |
Second Circuit |
2022-02-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidentiary-hearing judicial-discretion jury-coercion jury-trial motion-for-new-trial |
Was the Defendant entitled to a hearing on jury coercion? |
| 21-1085 |
Ikorongo Texas LLC, et al. v. Samsung Electronics Co., Ltd., et al. |
Federal Circuit |
2022-02-07 |
Denied |
Response Waived |
convenience convenience-standard forum-non-conveniens judicial-discretion mandamus patent-rights statutory-venue transfer venue venue-transfer |
Can a district court transfer a matter to a statutorily proscribed district based on expressly disregarding undisputed facts creating the proscription |
| 21-7046 |
Makeda Haile v. Abdul Conteh |
Virginia |
2022-02-03 |
Denied |
IFP |
civil-rights constitutional-rights due-process equal-protection fourteenth-amendment human-rights judicial-discretion privileges-or-immunities standing takings |
Whether this court is willing to stop the violation of the Fourteenth Amendment right |
| 21-1071 |
Stephen Lynch Murray v. Janelle Irwin Taylor, et al. |
Florida |
2022-02-02 |
Denied |
|
civil-rights cyberstalking-statute defamation due-process first-amendment free-speech government-retaliation judicial-discretion political-speech standing |
Can the government deputize private actors to attack political speech and thereby abridge political speech? |
| 21-7031 |
Joseph D. Davis v. United States |
District of Columbia |
2022-02-01 |
Denied |
Response WaivedIFP |
compassionate-release court-of-appeals criminal-sentencing district-of-columbia-court-of-appeals federal-procedure guidelines inconsistent-opinions judicial-discretion sentencing sentencing-guidelines united-states-sentencing-commission |
Whether the opinion of the District of Columbia Court of Appeals concerning the Petitioner's motion for Compassionate Release is inconsistent with oth… |
| 21-7035 |
Seville Williams v. United States |
Seventh Circuit |
2022-02-01 |
Denied |
Response WaivedIFP |
18-usc-3582c1a1 18-usc-924c circuit-split criminal-sentencing extraordinary-and-compelling-reasons first-step-act judicial-discretion sentence-reduction statutory-interpretation |
Whether a district court may consider the 2018 amendment to the sentences mandated by 18 U.S.C. § 924(c) in determining whether a defendant has shown … |
| 21-7012 |
Jessica Ewing v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2022-01-31 |
Denied |
IFP |
burden-of-proof counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel innocence judicial-discretion plea-agreement plea-bargaining post-conviction |
Whether the previous court erred in denying Ms. Ewing's motion based on its own merits determination of her ineffective assistance of counsel claim |
| 21-7008 |
Marco Dane Acoff v. Alabama |
Alabama |
2022-01-28 |
Denied |
Relisted (2)IFP |
constitutional-protocol criminal-procedure due-process federal-constitution habeas-corpus judicial-discretion mental-evaluation state-constitution supreme-court-review |
whether-the-alabama-supreme-court-wrongfully-decided-an-important-issue |
| 21-6978 |
In Re Isaiah Harris |
|
2022-01-27 |
Denied |
Relisted (2)IFP |
brady-chambers certificate-of-appealability civil-rights constitutional-rights due-process exceptional-circumstances judicial-discretion mandamus sixth-circuit ultra-vires |
Is it clear and indisputable that clerk Hunt acted in ultra vires in denying Harris' COA, that jurists could disagree with the district court's resolu… |
| 21-6961 |
Mauro C. Palacio v. Justin Caraway, et al. |
Fifth Circuit |
2022-01-26 |
Denied |
Response WaivedIFP |
appellate-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-admission fifth-amendment fourth-amendment judicial-discretion procedural-error |
Whether the Court of Appeals erred in holding that the petitioner abandoned, through failure to brief, a separate claim that he is subject to an illeg… |
| 21-6966 |
Juan Sampel v. United States |
Second Circuit |
2022-01-26 |
Denied |
Response WaivedIFP |
appellate-review drug-quantity due-process evidence evidence-withholding government-misconduct judicial-discretion sentencing |
Does an appellate court violate principles of Due Process when it disregards substantial evidence which questions a district court's drug quantity fin… |
| 21-6968 |
Jay Anthony Jones v. Maryland |
Maryland |
2022-01-26 |
Denied |
Response WaivedIFP |
appellate-review constitutional-protection criminal-procedure criminal-remand double-jeopardy due-process judicial-discretion north-carolina-v-pearce sentencing sentencing-enhancement twigg-v-state |
Is the State of Maryland's case Twigg v. State, 447 Md. 1 (2016) afoul of the long standing principal set forth in North Carolina v. Pearce, 395 U.S. … |
| 21-6943 |
Ms. T. v. Montgomery County Department of Health and Human Services |
Maryland |
2022-01-21 |
Denied |
Response WaivedIFP |
child-separation child-welfare discrimination due-process family-law judicial-discretion mental-health mental-health-discrimination parental-rights |
Whether the Montgomery County and Appeal Courts erred in not considering the fact that the petitioner had been mentally stable for 4 years |
| 21-6910 |
Juan Manuel Cruzado-Laureano v. W. Stephen Muldrow |
First Circuit |
2022-01-20 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion attorney-for-government attorney-for-the-government criminal-procedure federal-criminal-procedure grand-jury grand-jury-procedure indictment indictment-validity judicial-discretion mandamus mandamus-petition |
Questions Presented for Court Review |
| 21-6921 |
Sedale Pervis v. United States |
Second Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
18-usc-3553(a) criminal-law criminal-sentencing district-court family-impact judicial-discretion mitigating-factor procedural-background respect-for-law respect-for-the-law sentencing-guidelines statutory-interpretation |
Did the District Court err in not finding that promoting respect for the law, in the context of this case is a mitigating factor? |
| 21-6925 |
Chong Su Yi v. Lawrence J. Hogan, Jr., Governor of Maryland, et al. |
Maryland |
2022-01-20 |
Denied |
IFP |
administrative-law civil-rights court-rules due-process equal-protection judicial-deference judicial-discretion legal-interpretation procedural-fit statutory-interpretation |
Could the court apply rules that do not fit the person? |
| 21-6838 |
Bernard Steven Boyd v. United States |
Fourth Circuit |
2022-01-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment guideline-sentence guideline-sentencing judicial-discretion sentencing sentencing-variance upward-variance |
Did the Trial Court provide insufficient information or explanation to an upward variance in the Petitioner's Guideline Sentence, from a range of 51 t… |
| 21-6845 |
In Re Willie S. Smith |
|
2022-01-13 |
Denied |
Relisted (2)IFP |
acquittal appeal appellate-review constitutional-injury criminal-procedure due-process judgment-of-acquittal judicial-discretion legal-remedy usurpation-of-power |
Is it clear and indisputable that respondent Judges have a duty to enter a judgement of acquittal pursuant to 'Ball' and Crim. Rule 29? |
| 21-6849 |
Edwin Vaquiz v. United States |
Third Circuit |
2022-01-13 |
Denied |
Response WaivedIFP |
attorney-client-relationship constitutional-rights criminal-defendant-rights criminal-defense due-process judicial-discretion right-to-counsel right-to-testify sixth-amendment trial-counsel-strategy witness-testimony |
Whether a trial attorney can prohibit or forbid, by coercion (threat to withdraw representation from defendant's criminal case), the defendant to resi… |
| 21-996 |
Yonell Allums v. United States |
Second Circuit |
2022-01-13 |
Denied |
Amici (2)Response Waived |
as-applied-challenge booker-decision criminal-sentencing judicial-discretion reasonable-sentence rita-decision sentencing-guidelines sentencing-reform-act sixth-amendment sixth-amendment-violation |
Whether a criminal sentence violates the Sixth Amendment when the sentencing court relies on its factual findings about a criminal defendant's conduct… |
| 21-6799 |
Erich William Norris v. Brook Forest Community Association, Inc. |
Fifth Circuit |
2022-01-10 |
Denied |
Response WaivedIFP |
constitutional-interpretation due-process equal-protection federal-removal judicial-discretion pro-se-litigation racial-inequality rule-of-law state-court-procedure state-remedy texas-constitution |
Does patently unequal, disparate state administration of the Rule of Law and failure to provide state remedy in strict accordance with the Texas Const… |
| 21-6742 |
Raudel Salgado-Rodriguez v. United States |
Fifth Circuit |
2021-12-29 |
Denied |
Response WaivedIFP |
credibility-of-evidence criminal-procedure due-process evidence-credibility fair-trial judicial-discretion jury-instruction jury-instructions theory-of-defense |
Whether it violates an accused's right to a fundamentally fair trial to have a judge refuse a theory-of-defense jury instruction because the judge per… |
| 21-6697 |
Melvin Walker v. United States |
Eleventh Circuit |
2021-12-22 |
Denied |
Response WaivedIFP |
anti-terrorism-and-death-penalty-act civil-procedure court-jurisdiction district-court-authority docket-modification due-process habeas-corpus judicial-discretion procedural-default statute-of-limitations statutory-interpretation |
Did Congress, with the enactment of 28 U.S.C. § 2255 and the AEDPA, provide District Courts with unquestionable authority to manage their own docket a… |
| 21-6706 |
Billy Dean Smith v. United States |
Ninth Circuit |
2021-12-22 |
Denied |
Response WaivedIFP |
burden-of-proof due-process fifth-amendment hearsay judicial-discretion sentencing uncharged-felony |
Did the district court violate Mr. Smith's Fifth Amendment Due Process rights by relying on unreliable, unsupported hearsay to, first, find that Mr. S… |
| 21-6671 |
Valente Arias-Avila v. United States |
Fifth Circuit |
2021-12-20 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-sentencing due-process federal-sentencing gall-v-united-states judicial-discretion sentencing-factors standard-of-review |
Can appellate courts reweigh sentencing factors under 18 U.S.C. § 3553(a) |
| 21-6652 |
Salatheo Fluid v. United States |
Fourth Circuit |
2021-12-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion attorney-representation criminal-procedure district-court federal-criminal-procedure federal-rules-of-criminal-procedure judicial-discretion jurisdiction legal-standing motion-for-new-trial |
Whether the lower courts abused their discretion in dismissing petitioner's motion for a new trial |
| 21-6609 |
Christopher Coffer v. United States |
Sixth Circuit |
2021-12-14 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing defendant-health due-process health-issues judicial-discretion medical-disadvantage mitigation-factors sentencing sentencing-guidelines sentencing-variance variance |
What is the extent of medical disadvantage that a defendant must present in order to secure a variance based on ill health? |
| 21-875 |
Harry Barnett v. Menard, Inc. |
Seventh Circuit |
2021-12-14 |
Denied |
|
civil-procedure district-court federal-rules federal-rules-of-civil-procedure judicial-discretion judicial-power local-rule local-rules procedural-authority separation-of-powers |
Whether a district judge has the power to enact a local rule that contravenes the Federal Rules of Civil Procedure? |
| 21-6583 |
Roger Edward Picard v. United States |
First Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process judicial-discretion jurisdiction jurisdictional-challenge mental-health-assessment rule-35 rule-35-motion sentencing sentencing-procedure |
Did the First Circuit err in denying a jurisdictionally sound motion filed pursuant to Fed.R.Crim.P. 35(a) |
| 21-6556 |
Richard Bernard Grundy, III v. United States |
Seventh Circuit |
2021-12-10 |
Denied |
Response WaivedIFP |
court-appointed-counsel criminal-procedure due-process faretta-v-california fifth-amendment judicial-discretion self-representation sixth-amendment |
Whether the United States Court of Appeals for the Seventh Circuit and the District Court deprived Richard Grundy of his Fifth and Sixth Amendment rig… |
| 21-6569 |
Jonathan Hilliam McDougal v. United States |
Fifth Circuit |
2021-12-09 |
Denied |
Response WaivedIFP |
alcohol-treatment criminal-sentencing delegation-of-authority drug-treatment due-process judicial-discretion probation-terms sentencing sentencing-conditions supervised-release |
Whether the district court erred by ordering Mr. McDougal to undergo alcohol and drug treatment as a special condition of supervised release |
| 21-6508 |
Daniel Jones v. Kathy Hochul, Governor of New York, et al. |
Second Circuit |
2021-12-08 |
Denied |
Response WaivedIFP |
appellate-procedure appointment-of-counsel circuit-court-jurisdiction circuit-court-split civil-rights due-process in-forma-pauperis judicial-discretion motion-for-counsel pro-se-litigant standing statutory-interpretation |
Whether the Second Circuit Court of Appeals erred in dismissing the appeal pursuant to 25 U.S.C.§ 1915(e) based solely on the denial of the motion for… |
| 21-6548 |
James Calhoun-El v. Maryland |
Maryland |
2021-12-08 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights comparative-treatment constitutional-law discrimination due-process equal-protection judicial-discretion legal-precedent relief-standards standing |
Whether the lower courts violates the equal protection clause |
| 21-842 |
Mark Donelson v. Ameriprise Financial Services, Inc., et al. |
Eighth Circuit |
2021-12-08 |
Denied |
Response RequestedRelisted (2) |
civil-litigation civil-procedure class-action federal-rules federal-rules-civil-procedure judicial-discretion motion-to-strike pleading-standards pleadings separation-of-powers standards |
Whether class allegations can be struck under FRCP 12(f) |
| 21-6540 |
Alfred E. Daking, Jr. v. United States |
Eleventh Circuit |
2021-12-07 |
Denied |
Response WaivedIFP |
circuit-split compassionate-release first-step-act judicial-discretion sentencing-guidelines sentencing-reform-act statutory-interpretation u.s.s.g.-1b1.13 |
Whether the expanded compassionate release statute, 18 U.S.C. §3582(c)(1)(A), triggers any sentencing guideline policy statements when defendants file… |
| 21-6542 |
Juan Trujillo v. United States |
Fifth Circuit |
2021-12-07 |
Denied |
Response WaivedIFP |
appellate-review clear-error criminal-procedure judicial-discretion limited-remand plain-error remand-standard sentencing sentencing-error statutory-maximum substantial-rights |
Whether a limited remand to assess the impact of a plain error on a defendant's substantial rights extends to miscalculations of the statutory maximum |
| 21-6550 |
Wade Lay v. Aboutanaa El Habti, Warden, et al. |
Tenth Circuit |
2021-12-07 |
Denied |
IFP |
8th-amendment appellate-procedure civil-liberties civil-rights constitutional-rights criminal-procedure death-penalty due-process execution judicial-discretion standing |
Whether the execution protocol used by the State of Oklahoma violates the Eighth Amendment's prohibition on cruel and unusual punishment |
| 21-836 |
Sara Gonzalez Flavell v. International Bank for Reconstruction and Development |
District of Columbia |
2021-12-06 |
Denied |
Response Waived |
civil-procedure due-process federal-jurisdiction interlocutory-appeal judicial-discretion mandamus procedural-due-process prohibition writ-of-certiorari |
Whether a writ of certiorari is appropriate due to the district court's failure to establish and stay within its limited jurisdictional authority |
| 21-6506 |
E'Mario C. Allen v. Joseph Noeth, Superintendent, Attica Correctional Facility |
Second Circuit |
2021-12-03 |
Denied |
IFP |
abuse-of-discretion batson-challenge batson-issue constitutional-interpretation federal-habeas federal-habeas-court federal-law habeas-corpus judicial-discretion state-court supreme-court-review |
Whether the Habeas Court proceeding and adjudication of the claim regarding a Batson issue did not result in a decision that was contrary to, or invol… |
| 21-6509 |
Adesijuola Ogunjobi v. United Nations, et al. |
Fourth Circuit |
2021-12-03 |
Denied |
Response WaivedIFP |
civil-procedure complaint-dismissal covid-19-class-action district-court fourth-circuit judicial-discretion judicial-immunity merit-of-complaint procedural-rules standing subject-matter summons-service |
Whether the Fourth Circuit erroneously held that the district court has the absolute authority to dismiss a valid complaint on its own without allowin… |
| 21-6489 |
Edward F. Swanson v. Texas |
Texas |
2021-12-02 |
Denied |
IFP |
constitutional-challenge criminal-procedure double-jeopardy due-process indictment judicial-discretion jury-trial preponderance-standard sentencing statutory-scheme |
Does the trial judge have the authority to make the charge a first degree felony? |
| 21-6495 |
Pedro J. Amaro v. New Mexico, et al. |
Tenth Circuit |
2021-12-02 |
Denied |
IFP |
civil-procedure civil-rights cruel-and-unusual-punishment due-process judicial-discretion prison-conditions procedural-fairness standing summary-dismissal |
Whether the court of appeals, under the 'abuse of discretion' standard of review, should have reversed the district court's judgment summarily dismiss… |
| 21-6466 |
Ernest Romond Gibbs, Jr. v. United States |
Eleventh Circuit |
2021-12-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-procedure direct-appeal judicial-discretion pepper-v-united-states post-sentencing-rehabilitation resentencing sentencing sentencing-evidence |
Whether a district court violates Pepper v. United States when it refuses to allow a defendant to proffer evidence of post-sentencing rehabilitation a… |
| 21-6460 |
Truman Jones v. United States |
Third Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
criminal-procedure dismissal-with-prejudice due-process judicial-discretion prejudice remand sixth-amendment speedy-trial speedy-trial-act statutory-interpretation |
Whether the district court's refusal to accurately compute the extent of a Speedy-Trial-Act violation and to consider the government's district-wide i… |
| 21-6431 |
Vegas D. Smith v. United States |
Fourth Circuit |
2021-11-29 |
Denied |
IFP |
abuse-of-discretion appeals appellate-review career-offender criminal-procedure explanation judicial-discretion procedural-error record sentencing sentencing-modification statutory-interpretation |
Did the Court of Appeals for the Fourth Circuit commit error when it affirmed the District Court's decision to deny petitioner's motion filed under 18… |
| 21-6408 |
James A. Harnage v. Janine Brennan, et al. |
Second Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
administrative-law civil-rights constitutional-interpretation contract criminal-procedure defendant-rights due-process judicial-discretion plea-agreement settlement-agreement state-action |
Whether a state violates the express terms of a settlement agreement by refusing to affirm the decision maker of their authority to grant approvals th… |
| 21-6414 |
Charles Wayne Marietta v. Leanne LoBue, et al. |
Ninth Circuit |
2021-11-24 |
Denied |
Relisted (2)IFP |
8th-amendment civil-rights discovery due-process judicial-discretion medical-evidence medical-treatment summary-judgment |
Did the District Court of Arizona err in granting Summary Judgment for Defendants without presenting all the elements of Appellants' medical complaint… |
| 21-6376 |
Antonio Soul Gonzalez v. United States |
Eleventh Circuit |
2021-11-23 |
GVR |
Relisted (2)IFP |
circuit-split criminal-resentencing eligibility first-step-act judicial-discretion resentencing sentencing sentencing-guidelines sentencing-reduction statutory-interpretation |
Whether a district court must calculate a defendant's sentencing range under current law when deciding whether to impose a reduced sentence under the … |
| 21-767 |
Clinton Williams v. United States |
Seventh Circuit |
2021-11-23 |
Denied |
Amici (1) |
18-usc-3582(c)(1)(a) 18-usc-924(c) circuit-split criminal-law extraordinary-and-compelling-reasons extraordinary-circumstances federal-sentencing first-step-act judicial-discretion sentence-reduction sentencing-reduction statutory-interpretation |
Whether a district court may consider the 2018 amendment to the sentences mandated by 18 U.S.C. § 924(c) in determining whether a defendant has shown … |
| 21-6365 |
Anthony A. Patel v. Patricia Miller, et al. |
Ninth Circuit |
2021-11-22 |
Denied |
Response WaivedIFP |
civil-rights congress-executive congressional-oversight due-process executive-branch judicial-authority judicial-discretion separation-of-powers standing vexatious-litigants vexatious-litigation |
Does a judge have the authority to deem the interests of Congress and the Executive Branch to be vexatious? |
| 21-6369 |
Jeremy Denson v. Texas |
Texas |
2021-11-22 |
Denied |
Response WaivedIFP |
boykin-standard boykin-v-alabama constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion judicial-oversight plea-bargaining plea-canvass record-development |
Did the judge err in accepting the defendant's guilty plea without asking him about the contradictory statements? |
| 21-6353 |
Stephen Allwine v. Minnesota |
Minnesota |
2021-11-19 |
Denied |
Response WaivedIFP |
access-to-courts court-funding due-process equal-protection financial-status in-forma-pauperis judicial-discretion legal-procedure post-conviction post-conviction-relief |
Did the Trial Court err in denying In Forma Pauperis funding based on financial status at start of prosecution rather than post-conviction action? |
| 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? |
| 21-6313 |
Glen Plourde v. Knox County, Maine, et al. |
First Circuit |
2021-11-17 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights due-process federal-jurisdiction human-rights judicial-abuse judicial-discretion pro-se pro-se-litigation standing torture-allegations |
Does the well-evidenced fact that a sua sponte dismissal pursuant to 28 U.S.C. ! 1915(e)(2), and The Appeal's Court's subsequent upholding of that dec… |
| 21-6259 |
Shelly Margaret Arndt v. Deborah Jo Wofford, Superintendent, Washington Corrections Center for Women |
Ninth Circuit |
2021-11-12 |
Denied |
Response WaivedIFP |
circuit-split constitutional-provisions discretionary-power due-process internet-research judicial-discretion juror-misconduct prejudicial-error remmer statutory-provisions verdict-integrity |
Whether a lower court can rule that a verdict was not affected by juror misconduct when the exact websites and content viewed by the juror are unknown… |
| 21-694 |
Bel Air Auto Auction, Inc. v. Great Northern Insurance Company |
Fourth Circuit |
2021-11-10 |
Denied |
Response Waived |
appellate-procedure business-interruption certification-motion civil-rights due-process federal-state-relations insurance-contract insurance-contract-law judicial-discretion standing state-court-certification supreme-court-jurisdiction |
Did the Fourth Circuit abuse its discretion in denying certification of novel questions of state insurance law to the state's highest court? |
| 21-6185 |
Rodney Smith v. United States |
Third Circuit |
2021-11-04 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-sentencing district-court district-court-discretion downward-departure judicial-discretion sentencing-guidelines |
Was the District Court's decision not to depart downward appropriate? |
| 21-6168 |
Vance L. White v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-11-03 |
Denied |
Relisted (2)IFP |
appellate-review blakely-v-washington constitutional-interpretation constitutional-law criminal-procedure due-process judicial-discretion self-incrimination sentencing sentencing-guidelines |
Did Judge Katsten M. Culney violate the strictures of Blakely v. Washington, 542 U.S. 296 (2004) self-incrimination? |
| 21-654 |
Judith Frei, et al. v. Taro Pharmaceuticals (USA) Inc. |
Second Circuit |
2021-11-03 |
Denied |
|
civil-procedure complaint-dismissal dismissal due-process federal-rules federal-rules-of-civil-procedure judicial-discretion pleading pleading-standards standing |
Whether a court has discretion to dismiss a plaintiff's complaint without leave to replead |
| 21-6135 |
Jesus Ramirez-Barrera v. United States |
Fourth Circuit |
2021-11-02 |
Denied |
Response WaivedIFP |
bail community-danger criminal-procedure detention district-court-review due-process extraordinary-reasons judicial-discretion public-safety relief-standard sentencing sentencing-review |
Whether the district court erred in deciding that petitioner has not shown extraordinary and compelling reasons and that he was a danger to the commun… |
| 21-6136 |
Marcio Santos-Portillo v. United States |
Fourth Circuit |
2021-11-02 |
Denied |
Response WaivedIFP |
circuit-split civil-procedure civil-rights due-process evidence-exclusion federal-law-enforcement judicial-discretion procedural-remedy separation-of-powers standing statutory-interpretation statutory-violation |
Whether a federal court has the discretion to exclude evidence obtained by federal law enforcement agents in violation of a federal statute |
| 21-6133 |
Dean Rossi v. United States |
Third Circuit |
2021-11-01 |
Denied |
Response WaivedIFP |
attorney-withdrawal conflict-of-interest criminal-procedure judicial-discretion necessary-witness prosecutorial-discretion right-to-counsel sixth-amendment standard-of-review |
Is a prosecution's claim that a defendant's lawyer is 'likely to be a necessary witness' an 'actual conflict' or 'serious potential conflict' overridi… |
| 21-634 |
Zachariah Brian Wright v. Indiana |
Indiana |
2021-11-01 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
criminal-procedure due-process equivocal-invocation high-penalty-case intelligent-waiver judicial-discretion right-to-counsel right-to-self-representation self-representation sixth-amendment |
Whether a defendant's otherwise clear invocation of his right to represent himself becomes equivocal when he prefers representation by an attorney who… |
| 21-6126 |
Jason A. Tobey v. United States |
Ninth Circuit |
2021-10-29 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure ineffective-assistance judicial-discretion pretrial-hearing right-to-counsel sixth-amendment trial-continuance |
When a federal criminal defendant's retained counsel has abandoned him, does a court abuse its discretion by prohibiting the defendant from dischargin… |
| 21-630 |
Harry Barnett v. Kwame Raoul, Attorney General of Illinois, et al. |
Seventh Circuit |
2021-10-29 |
Denied |
Response Waived |
access-to-court access-to-courts civil-procedure civil-rights court-procedure due-process judicial-discretion motion-to-reconsider pro-se standing |
Whether a District Court's striking of a timely-filed Motion to Reconsider violates due process rights |
| 21-6106 |
Ahmed Osman Farah v. United States |
Eighth Circuit |
2021-10-27 |
Denied |
Response WaivedIFP |
arrest-record circuit-split criminal-procedure due-process equal-protection judicial-discretion sentencing-enhancement |
Does a district court violate a defendant's right to due process by enhancing a sentence based on unreliable arrest history, as the Third and Seventh … |
| 21-6066 |
R. Susan Woods v. Alina's Real Estate, LLC |
First Circuit |
2021-10-25 |
Denied |
Relisted (2)IFP |
ada bankruptcy-procedure civil-rights constitutional-review disability due-process equal-protection indigent-rights judicial-discretion standing |
Under what circumstances is it appropriate for the courts to refuse accommodation to the disabled? |
| 21-6010 |
Robert D. Sutton v. United States |
Seventh Circuit |
2021-10-20 |
Denied |
Amici (1)IFP |
circuit-split compassionate-release criminal-justice criminal-sentencing judicial-discretion mandatory-minimum mandatory-minimums retroactivity sentence-reduction sentencing statutory-interpretation |
Can a district court consider a defendant's disproportionately long sentence under the earlier version of § 924(c) to find 'extraordinary and compelli… |
| 21-568 |
Jason Jarvis v. United States |
Sixth Circuit |
2021-10-19 |
Denied |
Amici (1) |
criminal-law criminal-procedure extraordinary-and-compelling-reasons extraordinary-circumstances federal-law federal-law-change judicial-discretion retroactivity sentencing sentencing-reduction statutory-interpretation |
Whether non-retroactive changes in federal law can serve as 'extraordinary and compelling reasons' warranting a sentence reduction under 18 U.S.C. § 3… |
| 21-5992 |
Jose Miguel Ramirez-Rodriguez v. United States |
Fifth Circuit |
2021-10-18 |
Denied |
Response WaivedIFP |
COVID-19 criminal-procedure due-process equal-protection felony-convictions judicial-discretion medical-records procedural-error sentencing-enhancements sentencing-guidelines time-served |
Whether the sentencing court erred in its application of the Sentencing Guidelines |
| 21-555 |
Benjamin A. Appleby v. Kansas |
Kansas |
2021-10-15 |
Denied |
Response Waived |
alleyne due-process fourteenth-amendment judicial-discretion jury-trial legislative-directive liberty-interest procedural-due-process resentencing sentencing-enhancement sixth-amendment |
Whether the Fourteenth Amendment's guarantee of procedural due process is violated |
| 21-5973 |
Jesus Lopez-Mejia v. United States |
Fifth Circuit |
2021-10-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines substantive-reasonableness |
Whether Petitioner's sentence was substantively unreasonable? |
| 21-531 |
Jerome D. Lee, Stephen E. Brown-Bennett, and Taylor Lee & Associates LLC v. United States |
Eleventh Circuit |
2021-10-12 |
Denied |
Response Waived |
available-funds civil-procedure cja-vouchers contempt contract-authority due-process fee-inquiry judicial-discretion reimbursement standing statutory-interpretation sua-sponte |
Did the lower court have the authority to, sua sponte, set aside the petitioners' contracts, and conduct a fee inquiry into whether or not funds were … |
| 21-5940 |
Jovani Jacobo v. United States |
Eighth Circuit |
2021-10-12 |
Denied |
Response WaivedRelisted (2)IFP |
compassionate-release criminal-justice extraordinary-and-compelling-reasons extraordinary-reasons federal-courts federal-prisoners judicial-discretion sentencing sentencing-modification statutory-interpretation |
Whether § 3582(c)(1)(A) permits sentencing courts to consider personal observation and anecdotal data in deciding motions for compassionate release |
| 21-5942 |
Michael Woolen v. California |
California |
2021-10-12 |
Denied |
IFP |
appellate-review appointment-of-counsel civil-rights constitutional-law criminal-procedure dismissal due-process equal-protection judicial-discretion procedural-due-process sentencing-guidelines |
Whether the cumulative effect of deprivations of equal protection of laws, failure to appoint counsel, and procedural due process deficiency issues re… |
| 21-5887 |
Miguel Neil v. Jay Forshey, Warden |
Sixth Circuit |
2021-10-05 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review case-law constitutional-violation due-process ineffective-assistance-of-counsel ineffective-counsel judicial-discretion procedural-default |
Whether a lower federal court violates due process when it ignores a petitioner's appropriately cited case law in support that appellate counsel was i… |
| 21-5899 |
Joseph Vasquez, Jr. v. United States |
Ninth Circuit |
2021-10-05 |
Denied |
Response WaivedIFP |
career-offender guidelines individualized-sentencing judicial-discretion sentencing-factors sentencing-guidelines sentencing-reasonableness sentencing-review substantive-reasonableness substantive-review |
Whether a below guidelines sentence can still result in a substantively unreasonable sentence? |
| 21-5864 |
Deloris Phillips v. Columbia Luxar |
Fifth Circuit |
2021-10-04 |
Denied |
IFP |
civil-rights court-system due-process equal-protection fourteenth-amendment judicial-discretion sanctions vexatious-litigant |
Whether it is unconstitutional to label a litigant as vexatious without due process |
| 21-5880 |
C. C. v. S. T. |
California |
2021-10-04 |
Denied |
Relisted (2)IFP |
14th-amendment civil-procedure civil-rights constitutional-rights due-process first-amendment free-speech judicial-discretion public-space standing video-recording |
whether-video-cameras-in-public-are-protected-by-1st-amendment |
| 21-5884 |
Carina Conerly v. Superior Court of California, Sacramento County, et al. |
Ninth Circuit |
2021-10-04 |
Denied |
Relisted (2)IFP |
civil-procedure constitutional-rights due-process fair-trial first-amendment frivolous in-forma-pauperis judicial-discretion moot recusal standing |
Whether the Ninth Circuit Court of Appeals abused its discretion |
| 21-5844 |
James Malcolm Hale v. United States |
Fourth Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-disposition federal-criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-discretion pretrial-motion pretrial-motions procedural-waiver waiver |
Whether a defendant may appeal an adverse pretrial motion determination despite not reserving the right in writing under Rule 11(a)(2) |
| 21-5846 |
Luke W. Cain v. California |
California |
2021-10-01 |
Denied |
IFP |
constitutional-permissibility criminal-punishment double-jeopardy due-process judicial-discretion legislative-intent multiple-offenses multiple-punishments penal-code sentencing |
What punishments are constitutionally permissible? |
| 21-5808 |
In Re Tommy Rutledge |
|
2021-09-29 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy habeas-corpus judicial-discretion judicial-mandate mandate procedural-review res-judicata sentencing supreme-court-order vacatur |
When a District Court Judge has executed a mandate of the United States Supreme Court by vacating a charge and its sentence, can that same Judge reins… |
| 21-5777 |
Vance Keith Wilson v. Louisiana |
Louisiana |
2021-09-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment 5th-amendment bail civil-rights constitutional-rights criminal-procedure due-process evidence-challenge judicial-discretion pretrial-detention |
Whether a district court can, sua sponte and without any question of suspicion, order a pretrial defendant to urinate in front of a bailiff as a condi… |
| 21-5788 |
Paul Joseph Begnoche, Sr. v. Melinda Adams, Superintendent, State Correctional Institution at Mercer, et al. |
Third Circuit |
2021-09-24 |
Denied |
IFP |
certificate-of-appealability due-process equal-protection habeas-corpus judicial-discretion judicial-neglect judicial-partiality jurisdiction statutory-jurisdiction third-circuit |
Issues being raised |
| 21-436 |
In Re Kevin D. Loggins, Sr. |
|
2021-09-21 |
Denied |
Relisted (2) |
constitutional-rights due-process fifth-amendment fourteenth-amendment judicial-discretion obstruction-of-justice unlawful-incarceration void-judgment |
Whether the U.S./Kansas has held petitioner illegally in prison contrary to the U.S. Constitution |
| 21-5690 |
Pedro Zavala-Armendariz v. United States |
Seventh Circuit |
2021-09-17 |
Denied |
Response WaivedIFP |
18-usc-3553(f) appellate-review criminal-procedure criminal-sentencing district-court judicial-discretion safety-valve sentencing statutory-interpretation |
Did the District Court err by not adequately explaining its ruling in applying or not applying the safety valve in connection with 18 U.S.C. §3553(f)? |
| 21-5708 |
Rodney Dale Hood v. Texas |
Texas |
2021-09-17 |
Denied |
IFP |
contract-law contractual-interpretation criminal-procedure due-process fraud fraud-in-judicial-proceedings judgment judicial-discretion plea-agreement plea-bargaining state-power |
Whether the current Due Process standard for interpreting the obligations of parties in plea agreements is appropriate |
| 21-411 |
Damon B. Cook v. Brian Cates, Warden |
Ninth Circuit |
2021-09-15 |
Denied |
Response WaivedRelisted (2) |
abuse-of-discretion civil-procedure constitutional-rights district-court due-process habeas-corpus insufficient-evidence judicial-discretion motion-to-reconsider rule-60b standing |
Whether the petitioner DAMON Cook has made a substantial showing of the denial of a constitutional right pursuant to 28 USC 2253(c)(2) in order to obt… |
| 21-5684 |
Zaire Paige v. Stewart Eckert, Superintendent, Wende Correctional Facility, et al. |
Second Circuit |
2021-09-15 |
Denied |
Response WaivedIFP |
constitutional-confrontation constitutional-rights courtroom-presence criminal-procedure due-process habeas-corpus illinois-v-allen judicial-discretion second-circuit trial-rights |
Whether petitioner was denied his constitutional right to be present at his trial |
| 21-5654 |
Michael Ortega, aka Salvador Amitcar Herrero Flores v. Oregon |
Oregon |
2021-09-13 |
Denied |
Response WaivedRelisted (2)IFP |
affidavit civil-procedure court-access declaration financial-hardship in-forma-pauperis indigent-status judicial-discretion poverty redress |
Question not identified |
| 21-5629 |
Alba Duque v. Chabad at the Civic Center, Inc. |
Florida |
2021-09-10 |
Denied |
IFP |
contract contract-validity enforceability evidence evidence-admissibility judicial-discretion parties quit-claim-deed real-estate real-estate-contract specific-performance |
Can a Real Estate Contract be legally valid and enforceable if not all the required parties signed it? |
| 21-5642 |
Terry Dibble v. Deanna Brookhart, Warden |
Seventh Circuit |
2021-09-10 |
Denied |
Response WaivedIFP |
appellate-review burglary certificate-of-appealability district-court-conclusion due-process habeas-corpus judicial-discretion jury-instructions legal-standard reasonable-jurists residential-burglary |
Did Mr. Dibble present a ground for relief as to which reasonable jurists could differ concerning the correctness of the district court's conclusion, … |
| 21-5623 |
Felix Roberts v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-09 |
Denied |
Relisted (2)IFP |
appellate-procedure civil-procedure due-process en-banc-review judicial-discretion motion-for-reconsideration motion-for-rehearing procedural-timeline recusal rehearing time-limits |
Whether the petitioner was denied due process by the Fifth Circuit Court of Appeals in its handling of the petitioner's appeal |
| 21-5573 |
Richard M. Miller v. Maryland |
Maryland |
2021-09-02 |
Denied |
Response WaivedIFP |
appeals appellate-procedure constitutional-appeal constitutional-rights due-process judicial-discretion jurisdiction legal-review post-conviction standing writ-of-certiorari |
Did The Intermediate Appellate Court Of Special Appeals Of Maryland Err When Denying Petitioner His Absolute Constitutional Right To An Appeal Or Bela… |
| 21-5557 |
Chasmind David Miller v. Government Employees Insurance Company, et al. |
Ninth Circuit |
2021-09-01 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion appellate-review civil-procedure civil-rights conflict-of-interest court-conflict due-process judicial-discretion procedural-due-process standing summary-judgment |
Did the appellate court issue a decision that directly conflicted with an earlier decision in a case with the same issues? |
| 21-5489 |
Jerris M. Blanks v. United States |
Eighth Circuit |
2021-08-26 |
Denied |
IFP |
circuit-conflict criminal-procedure federal-rules-of-criminal-procedure federal-rules-of-evidence good-cause judicial-discretion plea-bargaining plea-offer prejudicial-evidence pretrial-motion |
Whether a defendant can refile a pretrial motion after withdrawing it |
| 21-5480 |
Charles Bryant v. United States |
Second Circuit |
2021-08-25 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
circuit-split crack-cocaine fair-sentencing-act first-step-act judicial-discretion mandatory-minimum sentencing-guidelines statutory-interpretation |
Whether a judge may impose a new sentence 'as if' only the change to the crack thresholds applies, ignoring other legal changes that have altered the … |
| 21-5430 |
Percy Allen Stucks v. Florida |
Florida |
2021-08-24 |
Denied |
IFP |
criminal-procedure defendant-rights due-process florida-law judicial-discretion plea-bargaining plea-withdrawal pre-trial-motion right-to-trial withdrawal-of-plea |
Does a Florida defendant have the right to withdraw plea before trial? |
| 21-5454 |
In Re Samuel L. Quinn |
|
2021-08-24 |
Denied |
IFP |
actual-innocence aedpa appellate-review civil-rights constitutional-rights due-process habeas-corpus innocence-claim judicial-discretion procedural-technicality statute-of-limitations |
Do the court of Appeals abuse its discretion by refusing to recall mandate for miscarriage of justice, not acknowledging the guiding general principle… |
| 21-5440 |
Joseph Augustus Dixon v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-08-23 |
Denied |
Response WaivedIFP |
60(b) civil-procedure death-of-mother federal-habeas-corpus judicial-discretion legal-relief medication procedural-motion rule-60b untimely-filing |
Whether the Federal Reviewing Courts abused their discretion in denying Petitioner's F.R.C.P. 60(b) |
| 21-5425 |
Jay J. Sawatzky v. United States |
Eighth Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felon-in-possession first-amendment judicial-discretion racist-paraphernalia racist-views sentencing sentencing-variance upward-variance |
Whether a sentencing judge may impose an upward variance on a defendant convicted of possessing firearms and ammunition as a felon, based on that defe… |
| 21-5409 |
Antonyo Reece v. United States |
Fifth Circuit |
2021-08-18 |
Denied |
Response WaivedIFP |
criminal-procedure district-court judicial-discretion pepper-precedent pepper-v-united-states rehabilitation-evidence sentencing sentencing-variance upward-departure |
Whether imposing an upward departure of 200 months to a criminal defendant who has exemplary rehabilitation evidence is incongruous to this Court's ho… |
| 21-229 |
Lawrence T. Newman v. Robert W. York |
Indiana |
2021-08-17 |
Denied |
|
appellate-procedure attorney-fees civil-procedure constitutional-law constitutional-rights due-process judicial-discretion legal-review takings |
Whether the Indiana courts violated Newman's due process rights by awarding $167,437.50 in appellate attorney fees against him without affording him C… |
| 21-5404 |
Maria Teresa Duarte Godinez v. United States |
Fifth Circuit |
2021-08-17 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure disparities due-process judicial-discretion plea-bargaining sentence-disparity sentencing sentencing-waiver waiver |
whether the appellate court erred in enforcing the waiver keeping the defendant from appealing her sentence in violation of her due process rights |
| 21-5314 |
Thomas Brantley Jenkins, II v. United States |
Fourth Circuit |
2021-08-09 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 compassionate-release criminal-sentencing district-court-review judicial-discretion motion-analysis primary-contentions sentencing-factors statutory-interpretation written-findings |
Whether a district court fully considers the 18 U.S.C. § 3553(a) factors when ruling on a compassionate release motion under 18 U.S.C. § 3582(c)(1)(A)… |
| 21-173 |
Marilyn Tillman-Conerly v. Office of Personnel Management, et al. |
Ninth Circuit |
2021-08-06 |
Denied |
Response Waived |
agency-closure alternative-service civil-procedure covid-19 due-process good-cause judicial-discretion ninth-circuit procedural-rules service-of-process |
Whether the Ninth Circuit Court abused its discretion |
| 21-5311 |
Thomas Morgan Soper, II v. Idaho |
Idaho |
2021-08-06 |
Denied |
IFP |
brady-violation constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-discretion prosecutorial-misconduct sentencing separation-of-powers statutory-interpretation |
Does a District Court Judge have the power and/or right to ignore an order of suspension of all persistent felony enhancements? |
| 21-5305 |
Alejandro Rosales-Gonzalez v. United States |
Eleventh Circuit |
2021-08-05 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2)IFP |
ability-to-pay circuit-split constitutional-consideration constitutional-law criminal-fines eighth-amendment excessive-fines excessive-fines-clause fine-assessment indigent-defendant judicial-discretion |
Whether a defendant's ability to pay a fine is a relevant consideration when determining if a fine is excessive under the Eighth Amendment |
| 21-5291 |
Leonardo Miguel Garcia Morales, aka El Padrino v. United States |
Eleventh Circuit |
2021-08-04 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial critical-stage defendant-presence district-court-discretion due-process judicial-discretion jury-deliberations right-to-presence testimony-of-accused testimony-rehearing |
Does the right to presence at critical stages of a criminal trial extend to proceedings before the jury in which the district court discourages the ju… |
| 21-5285 |
In Re Ivar Voits |
|
2021-08-03 |
Denied |
Relisted (2)IFP |
actual-innocence brady-violations constitutional-claim due-process exceptional-circumstances habeas-corpus judicial-discretion prosecutorial-misconduct |
Does it appear that Petitioner Mr. Voits lacked an 'adequate and effective' opportunity to test the validity of his constitutionally substantial actua… |
| 21-117 |
Vernon Deck v. Wells Fargo Bank, N.A., et al. |
Ninth Circuit |
2021-07-28 |
Denied |
Response WaivedRelisted (2) |
14th-amendment bankruptcy civil-rights due-process foreclosure fraud judicial-discretion property-rights rule-41b standing |
Question not identified |
| 21-122 |
Davin Seth Waters v. United States |
Fifth Circuit |
2021-07-28 |
Denied |
Response Waived |
criminal-procedure due-process guilty-plea habeas-corpus judicial-discretion mutual-mistake plea-bargaining plea-withdrawal voluntariness |
Does the doctrine of mutual mistake provide a cognizable basis to find a guilty plea involuntary? |
| 21-105 |
Harmon L. Taylor v. City of Sherman, Texas, et al. |
Fifth Circuit |
2021-07-26 |
Denied |
|
compelled-commerce compelled-consent disqualification due-process illegal-seizure judicial-discretion malicious-prosecution municipal-court pro-se-litigation transfer-of-venue venue-transfer |
Was it abusive to deny that extension? |
| 21-5170 |
Patricia A. McColm v. California, et al. |
Ninth Circuit |
2021-07-22 |
Dismissed |
IFP |
appointment-of-counsel civil-rights counsel-appointment court-procedure disability-accommodation dismissal-with-prejudice due-process exceptional-circumstances judicial-discretion medically-verified-limitations ninth-circuit standing |
Did the Ninth Circuit err in finding an appropriate issue for appeal, where the magistrate judge failed to find that medically verified permanent limi… |
| 21-5155 |
Michael Wayne Shellito v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-07-21 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability constitutional-claims federal-courts habeas-corpus judicial-discretion postconviction-proceedings standard-of-review |
Whether the petitioner has demonstrated that jurists of reason could disagree with the federal courts' resolution of his constitutional claims or that… |
| 21-5134 |
Wayne R. Reiner v. Cox Communications California, LLC |
California |
2021-07-19 |
Denied |
IFP |
case-dismissal case-review ccp-391 civil-procedure court-sanctions due-process frivolous-claims judicial-discretion legal-standing vexatious-litigant |
Whether the Orange County Superior Court erred in determining that Reiner was a vexatious plaintiff under CCP 391 without reviewing the underlying mer… |
| 21-5092 |
Dawn J. Bennett v. United States |
Fourth Circuit |
2021-07-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-sentencing district-court due-process fourth-circuit judicial-discretion presumption-of-reasonableness presumptive-reasonableness procedural-error sentencing-guidelines standard-of-review summary-reversal |
Whether a district court applies an impermissible presumption of reasonableness to the Sentencing Guidelines range by referring to the range as 'presu… |
| 21-5110 |
Junior Jean Baptiste v. United States |
Eleventh Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
18-U.S.C.-3553(a) advisory-guidelines appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasoned-decision sentencing sentencing-guidelines |
Should the sentencing judge be required to address relevant sentencing factors and provide a reasoned basis for discounting valid grounds for variance… |
| 21-5111 |
Joenell L. Rice v. United States |
Sixth Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
appellate-review civil-rights criminal-procedure due-process federal-sentencing-guidelines judicial-discretion post-conviction-relief sentencing sentencing-guidelines sixth-circuit time-served |
Whether the district court and court of appeals erred in imposing a harsh sentence on the petitioner without proper grounds |
| 21-5104 |
John G. Tomes, Jr. v. United States |
Sixth Circuit |
2021-07-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3582 compassionate-release criminal-justice criminal-procedure due-process extraordinary-circumstances judicial-discretion sentencing-disparities sentencing-guidelines sentencing-reduction sentencing-reform statutory-interpretation |
Whether 'Extraordinary and Compelling Reasons' to Reduce a Defendant's Sentence under 18 U.S.C. § 3582(c)(1)(A)(i) may be based on any Factor a Court … |
| 21-5045 |
Colvis Jerrod Higgins v. United States |
Fifth Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
alcohol-prohibition criminal-procedure drug-treatment due-process judicial-discretion plain-error sentencing sentencing-conditions special-conditions substance-abuse supervised-release |
Did the district court plainly err when it imposed a special condition of supervised release requiring Mr. Higgins to abstain from alcohol and to atte… |
| 21-5011 |
Anthony Farmer v. United States |
First Circuit |
2021-07-06 |
Denied |
Response WaivedIFP |
18-usc-3553 abuse-of-discretion criminal-justice criminal-law federal-sentencing judicial-discretion public-confidence racial-disparities racial-disparity sentencing sentencing-guidelines statutory-interpretation |
Whether a district court can or should consider the need to avoid unwarranted racial disparities in sentencing |
| 21-5009 |
Eddie Tarver v. Maryland |
Maryland |
2021-07-02 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review authentication cell-phone-evidence civil-procedure evidence evidence-authentication harmless-error judicial-discretion photographic-evidence |
Whether the Court of Special Appeals abused its discretion by deciding that the Circuit Court's error, admitting in evidence certain pictures from a c… |
| 20-8474 |
Glen Plourde v. Maine, et al. |
First Circuit |
2021-07-01 |
Denied |
IFP |
civil-rights constitutional-rights due-process federal-courts geneva-conventions international-law judicial-discretion pro-se-litigation standing torture |
Does the continual refusal of the Federal Court System to address the judicially noticeable fact that the Petitioner has been Tortured and has suffere… |
| 20-8453 |
Devonte Jaishun Tucker v. United States |
Eleventh Circuit |
2021-06-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion mitigation preservation preservation-of-error sentencing sentencing-discretion |
Whether a defendant must object to sentencing court's failure to consider a nonfrivolous mitigation argument in order to preserve the issue for appeal |
| 20-8439 |
Francisco Coto-Mendoza v. United States |
Fifth Circuit |
2021-06-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court district-court-review guideline-range judicial-discretion objection plain-error sentencing sentencing-guidelines substantial-arguments |
Whether a party may obtain appellate relief when the district court fails to address substantial arguments for a sentence outside the Guideline range,… |
| 20-8420 |
Jimmie O'Neal v. Jay Christensen |
Ninth Circuit |
2021-06-25 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-rights covid-19 covid-19-delay district-court-merits due-process federal-courts habeas-corpus judicial-discretion ninth-circuit procedural-timeliness standing |
Whether the Ninth Circuit Court of Appeals erred in denying a certificate of appealability based solely on the untimely filing of the petition due to … |
| 20-8424 |
James Erik Godiksen v. United States |
Second Circuit |
2021-06-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure expert-testimony harmless-error judicial-discretion jury-instructions jury-note prejudice trial-procedure |
Did the Court of Appeals improperly conclude that the District Court's mishandling of a jury note and replaying only a portion of the defense expert's… |
| 20-1804 |
In Re Peter R. Culpepper |
|
2021-06-25 |
Denied |
|
arbitration-act arbitration-award contract-interpretation employment-agreement federal-arbitration-act federal-law judicial-discretion preemption state-law tennessee-uniform-arbitration-act vacatur |
Whether the FAA preempts the Tennessee Uniform Arbitration Act |
| 20-8398 |
Jonathan Jerome Hills v. United States |
Ninth Circuit |
2021-06-24 |
Denied |
Response WaivedIFP |
18-usc-3553 criminal-justice criminal-sentencing due-process equal-protection first-step-act judicial-discretion procedural-opportunity sentencing sentencing-disparity statutory-interpretation |
Whether differences in procedural opportunity arising from the fact that a defendant is statutorily eligible for relief under the First Step Act creat… |
| 20-8414 |
Cynthia Stiger v. United States |
Fifth Circuit |
2021-06-24 |
Denied |
Response WaivedIFP |
alternate-jurors bias circuit-split criminal-procedure due-process health-care-fraud judicial-discretion juror-bias jury-selection restitution-liability supervised-release |
Did the Fifth Circuit err in holding that the district court did not abuse its discretion in refusing to strike a juror during trial based on perceive… |
| 20-8431 |
Brandon Kendale Dudley v. United States |
Fourth Circuit |
2021-06-24 |
Denied |
Response WaivedIFP |
advisory-guidelines constitutional-law criminal-procedure due-process evidence-standard judicial-discretion preponderance-of-evidence sentencing sentencing-guidelines |
Whether the use of the preponderance of the evidence standard at sentencing to substantially enhance a criminal defendant's advisory guideline range c… |
| 20-8432 |
Robert L. Garza v. Donald Kleine, et al. |
Eighth Circuit |
2021-06-24 |
Denied |
Response WaivedIFP |
constitutional-rights due-process judicial-authority judicial-discretion preponderance-of-evidence preponderance-standard sentencing sentencing-enhancement sixth-amendment speedy-trial |
Does a judge exceed his legal authority by making factual findings by a preponderance of the evidence which expose a defendant to the elevated | upper… |
| 20-8396 |
Renee Denise Bell v. Florida Highway Patrol, et al. |
Eleventh Circuit |
2021-06-23 |
Dismissed |
Relisted (2)IFP |
access-to-courts appellate-review civil-liberties civil-procedure civil-rights due-process judicial-discretion right-to-petition standing statute-of-limitations |
Should a mandated order issued by a United States Appeals Court be struck down by a decision of a United States District Court, subjecting a plaintiff… |
| 20-8405 |
Robert Allen Vestal v. United States |
Fifth Circuit |
2021-06-23 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-8410 |
Brenda Ford White v. Southeast Michigan Surgical Hospital, et al. |
Michigan |
2021-06-23 |
Dismissed |
IFP |
civil-procedure civil-rights due-process judicial-discretion medical-malpractice race-discrimination rico rico-claim standing |
Must a court overlook a plaintiff's race in making a decision about her capacity and her right to defend herself against attempted murder by doctors, … |
| 20-1793 |
Aura Moody, on Behalf of Her Minor Child, J. M. v. National Football League |
Second Circuit |
2021-06-23 |
Denied |
|
appellate-procedure civil-procedure civil-rights constitutional-rights due-process federal-rules-of-appellate-procedure federal-rules-of-civil-procedure federal-rules-of-procedure judicial-discretion motion-to-amend procedural-due-process standing |
Whether the court had authority to dismiss the appeal without giving the petitioner opportunity to present evidence and be heard on the merits |
| 20-8387 |
Bruce Lee Felix v. United States |
Sixth Circuit |
2021-06-22 |
Denied |
Response WaivedIFP |
constitutional-delay criminal-procedure judicial-discretion motion-resolution presumptive-prejudice pretrial-motion pretrial-motions speedy-trial tolling trial-procedure united-states-v-tinklenberg |
Is the threshold for presumptive prejudice modified by delay not attributable to the United States, or is it a calendar calculation? |
| 20-8344 |
Harry Sharod James v. Tom Brickhouse, et al. |
Fourth Circuit |
2021-06-17 |
Denied |
IFP |
criminal-procedure due-process equal-protection evidence-admissibility ex-post-facto grand-jury impartial-jury indictment judicial-discretion trial-rights |
Does the Due Process Clause require any charging element being in the indictment and presented to a Grand Jury? |
| 20-8347 |
Terron McAllister v. United States |
Fourth Circuit |
2021-06-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-resentencing discretion first-step-act guidelines guidelines-range judicial-discretion resentencing sentence-reduction sentencing sentencing-discretion |
Whether a District Court abuses its discretion in denying a sentence reduction under the First Step Act |
| 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… |
| 20-8284 |
Harold Gashe v. United States |
Eighth Circuit |
2021-06-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-court-split appellate-review criminal-justice due-process equal-protection extraordinary-reasons judicial-discretion section-3582 sentencing sentencing-disparity statutory-interpretation |
Is the application of 18 U.S.C. § 3582(c)(1)(A)(i) for relief from 924(c) stacking sentences being applied inconsistently across appellate courts? |
| 20-1710 |
Zafar Bakhramovich Yadigarov v. United States |
Eleventh Circuit |
2021-06-11 |
Denied |
Response Waived |
abuse-of-writ appellate-procedure coram-nobis delay due-process judicial-discretion legal-diligence legal-standards procedural-standard sound-reasons writ-of-error |
What constitutes a legally sufficient standard of diligence for pursuing coram-nobis-relief |
| 20-8273 |
Roger G. Babcock v. Florida |
Florida |
2021-06-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance-of-counsel judicial-discretion mandatory-sentencing sentencing sentencing-discretion state-law statutory-interpretation |
Whether the defendant was arbitrarily deprived of his interest in the exercise of judicial discretion in sentencing by the misapplication of a state c… |
| 20-8252 |
Timothy James Thompson v. Brandon Kelly, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2021-06-08 |
Denied |
Response WaivedIFP |
default habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion martinez-v-ryan prejudice prejudice-standard trial-counsel trial-judge |
Whether when assessing prejudice to determine if the default of an ineffective assistance of trial counsel claim should be excused under Martinez v. R… |
| 20-8234 |
Arian Lamont Brown v. United States |
Sixth Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
career-criminal-guideline criminal-procedure en-banc en-banc-review judicial-discretion mandate mandate-recall precedent sentence-enhancement sentencing sixth-circuit |
Did the United States Court of Appeals for the Sixth Circuit abuse its discretion and err by denying the Motion to Recall the Mandate |
| 20-8173 |
Lenroy McLean v. United States |
Second Circuit |
2021-05-28 |
Denied |
Response WaivedIFP |
brady-violation certificate-of-appealability circuit-conflict civil-rights due-process equitable-tolling government-misconduct judicial-discretion judicial-integrity standing |
Whether the Government sought to diminish the likelihood of Petitioner's finding of a Brady violation, by interjected a manufactured declaration to mi… |
| 20-8170 |
Ronnie Ray Ogle v. Mike Parris, Warden |
Sixth Circuit |
2021-05-27 |
Denied |
Response WaivedIFP |
aedpa-standard due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel involuntary-plea judicial-discretion recusal statute-of-limitations |
Whether the state's adjudication - or lack thereof - of Petitioner's Tennessee Rules of Civil Procedure Rule 60(b) Motion, Tennessee Rules of Criminal… |
| 20-8146 |
Edward Lee Smith v. United States |
Eighth Circuit |
2021-05-26 |
Denied |
Response WaivedIFP |
compulsory district-court district-court-interpretation judicial-discretion procedural-error sentencing-guidelines united-states-sentencing-guidelines united-states-v-booker |
Whether the District Court committed significant procedural error when it mistakenly interpreted section 7B1.3(f) of the United States Sentencing Guid… |
| 20-8116 |
Carlos Bayon v. United States |
Second Circuit |
2021-05-25 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence evidence-admissibility federal-rule-of-evidence-404(b) federal-rules-of-evidence judicial-discretion legal-interpretation rule-of-exclusion rule-of-inclusion |
Is Federal Rule of Evidence 404(b) a rule of inclusion or exclusion? |
| 20-8133 |
In Re Silas Wilson, Jr. |
|
2021-05-25 |
Denied |
Response WaivedIFP |
civil-procedure de-novo-review due-process inadequate-hearing judicial-discretion mandamus misreading-of-motion pro-se rule-60 rule-60(b)(4) standard-of-review |
Whether this Court has jurisdiction to issue a writ of mandamus directed to the Court of appeals |
| 20-1638 |
Emmanuel Edokobi v. Paul W. Grimm, Judge, United States District Court for the District of Maryland |
Fourth Circuit |
2021-05-25 |
Denied |
Response Waived |
abuse-of-discretion civil-procedure civil-rights due-process fourth-circuit judicial-discretion judicial-misconduct letter-order pre-filing-injunction standing |
Whether the Fourth Circuit erred in dismissing Petitioner's appeal |
| 20-8078 |
Calvin Lamont Mack v. Florida |
Florida |
2021-05-20 |
Denied |
IFP |
blockburger-test constitutional-interpretation double-jeopardy enhanced-compound-felony federal-question judicial-discretion legal-precedent legislative-intent same-element-offenses state-court-review supreme-court-discretion |
Whether the state and federal constitutions were violated under the Double Jeopardy Clauses |
| 20-8056 |
Aaron J. Bressi v. Tracy McCloud, et al. |
Third Circuit |
2021-05-18 |
Denied |
Relisted (2)IFP |
amended-complaint civil-procedure civil-rights criminal-justice due-process federal-rules judicial-discretion motion-for-appointment public-issue standing |
How does this motion for appointment of counsel get dismissed and not be granted pursuant to Rule 22 U.S.C. 1915 of the Federal Rules of Civil Procedu… |
| 20-1602 |
Cornelius S. Berry, et ux. v. Deutsche Bank National Trust Company, et al. |
Sixth Circuit |
2021-05-18 |
Denied |
Response Waived |
adjournment amend-complaint case-adjournment circuit-court-review civil-procedure complaint-amendment due-process judicial-discretion motion-to-dismiss procedural-dismissal standing |
Whether the United States Court of Appeals for the Sixth Circuit erred in affirming the United States District Court for the Southern District of Mich… |
| 20-7973 |
Zavion Nunley v. United States |
Fifth Circuit |
2021-05-11 |
Denied |
Response WaivedIFP |
appellate-review circuit-split data-availability judicial-discretion nationwide-statistics reasonableness-of-sentence sentencing-disparities sentencing-disparity sentencing-guidelines statistical-analysis unwarranted-disparities |
Whether statistics demonstrating that judges in the sentencing district impose sentences much more frequently than their peers in other district are r… |
| 20-7966 |
James L. Rudzavice v. United States |
Fifth Circuit |
2021-05-10 |
Denied |
Response WaivedIFP |
3582(c)(1)(a)(i) compassionate-release constitutional-rights due-process first-step-act judicial-bias judicial-discretion procedural-fairness sentencing-review |
Did the courts misconstrue the First Step Act and 3582(c)(1)(A)(i) |
| 20-7956 |
Bryan Montalvo v. United States |
Fifth Circuit |
2021-05-07 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-jurisdiction criminal-procedure downward-departure federal-courts judicial-discretion motion-for-departure sentencing sentencing-review statutory-interpretation |
Whether a circuit court of appeals has jurisdiction to review the denial of a motion for downward departure? |
| 20-7912 |
Jorge Gomez-Gomez v. United States |
Ninth Circuit |
2021-05-04 |
Denied |
Response WaivedIFP |
appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines substantive-reasonableness |
Whether the court of appeals erred by concluding that Petitioner's 99-month sentence was substantively reasonable |
| 20-7887 |
Ronnie Spells v. United States |
Second Circuit |
2021-04-29 |
Denied |
Response WaivedIFP |
crack-cocaine discretion first-step-act judicial-discretion mandatory-minimums racial-disparities sentencing sentencing-reduction statutory-interpretation systemic-racism |
Whether District Court Judge Castel and the Second Circuit Appeals Court perpetuated continued systemic racism by contending that Congress left out th… |
| 20-7888 |
James Arthur Ross v. Steven Shelton, et al. |
Ninth Circuit |
2021-04-29 |
Denied |
Response WaivedIFP |
abuse-of-discretion appointment-of-counsel civil-procedure civil-rights due-process judicial-discretion medical-treatment pro-se-litigant procedural-fairness standing summary-judgment |
Did the District Court abuse its discretion in refusing to appoint counsel? |
| 20-7856 |
Dennis Ayala v. United States |
First Circuit |
2021-04-27 |
Denied |
Response WaivedIFP |
appellate-review court-of-appeals district-court drug-quantity harmless-error judicial-discretion molina-martinez preponderance-standard sentencing-guidelines |
Whether the Court of Appeals erred in finding harmless error |
| 20-7861 |
Razhden Shulaya v. United States |
Second Circuit |
2021-04-27 |
Denied |
Response WaivedIFP |
allen-charge civil-rights criminal-procedure due-process judicial-discretion jury-coercion jury-deliberation jury-deliberations jury-instructions right-to-counsel sixth-amendment |
Should a District Court issue an Allen charge when a jury bullies a holdout juror? |
| 20-7842 |
Eliu Elixander Lorenzana-Cordon v. United States |
District of Columbia |
2021-04-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion district-court-procedure due-process extradition extradition-notice international-law judicial-discretion jurisdiction motion-for-new-trial notice treaties treaty-violation |
Did the District Court abuse its discretion by denying the motion for a new trial without taking into consideration that the document of extradition t… |
| 20-7844 |
Paul Patrick Jolivette, Jr. v. United States District Court for the Northern District of California |
Ninth Circuit |
2021-04-26 |
Denied |
Relisted (2)IFP |
14th-amendment civil-procedure civil-rights due-process equal-protection federal-jurisdiction fourteenth-amendment judicial-discretion sovereign-immunity |
Did the United States Court of Appeals For The Ninth Circuit Order in 'DENIAL' of a writ of mandate to enforce a judgment Registeered and entered in t… |
| 20-1495 |
Karen V. McIntyre v. Kevin L. McIntyre, et al. |
Maryland |
2021-04-26 |
Denied |
Response Waived |
contempt-of-court fiduciary-duties fiduciary-duty judicial-discretion state-law trust-accounting trustee-obligations |
Question not identified |
| 20-7832 |
Chadwick Marvin Thompson v. United States |
Fifth Circuit |
2021-04-22 |
Denied |
Response WaivedIFP |
18-usc-3582 compassionate-release criminal-procedure extraordinary-circumstances federal-sentencing judicial-discretion sentencing sentencing-reduction statutory-interpretation |
What qualifies as 'extraordinary and compelling circumstances' under a Motion for Compassionate release, 18 U.S.C. 3582(c)(1) (A)? |
| 20-1479 |
Eddie Houston, Jr. v. United States |
Ninth Circuit |
2021-04-21 |
GVR |
Amici (2)Relisted (2) |
18-usc-3553(a) 18-usc-3553a criminal-resentencing criminal-sentencing first-step-act judicial-discretion reduced-sentence retroactive-sentencing sentencing-factors statutory-interpretation |
Whether a sentencing court must consider applicable sentencing factors codified in 18 U.S.C. § 3553(a) when deciding whether to impose a reduced sente… |
| 20-7803 |
Jonathan S. Hall v. Delaware |
Delaware |
2021-04-19 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment judicial-discretion sentencing-guidelines standing supreme-court-review takings |
Whether the federal and state laws predicated on the Constitutionally-questionable Gun Control Act of 1968 are unconstitutional or illegal, and whethe… |
| 20-7747 |
Anthony A. Patel v. Charles Robinson, et al. |
Ninth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
article-iii civil-procedure civil-rights constitutional-interpretation due-process judicial-discretion jurisdiction ninth-circuit political-discrimination standing |
Does Article III of the U.S. Constitution belong to the legal profession or to the American people? |
| 20-7712 |
Gwendolyn Singleton v. Orangeburg County Disabilities Special Needs Board |
Fourth Circuit |
2021-04-13 |
Denied |
IFP |
affidavit civil-procedure court-fees declaration financial-disclosure financial-hardship in-forma-pauperis indigent-status judicial-discretion poverty standing |
Whether the petitioner is entitled to proceed in forma pauperis |
| 20-7703 |
Gary Lamont Robinson v. United States |
Fourth Circuit |
2021-04-09 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-procedure criminal-sentencing district-court fourth-amendment fourth-circuit individualized-assessment judicial-discretion procedural-reasonableness sentencing-review |
Whether the Fourth Circuit's decision is in conflict with the Court's decision in Gall v. United States |
| 20-1420 |
Roadie, Inc. v. Baggage Airline Guest Services, Inc. |
Federal Circuit |
2021-04-09 |
Denied |
|
attorney-fees claim-construction exceptional-case highmark-v-allcare infringement infringement-claim judicial-discretion octane-fitness-v-icon patent-law patent-statute-35-usc-285 |
Whether district courts should consider the weakness of an infringement claim after ruling in favor of the defendant on invalidity |
| 20-1405 |
Tarek Farag v. Ali Waqas |
Illinois |
2021-04-07 |
Denied |
|
civil-rights constitutional-challenge due-process equal-protection establishment-clause first-amendment free-speech injunctive-relief judicial-discretion legal-procedure religious-freedom religious-law |
Whether Sharia is contrary to our Constitution and laws? |
| 20-1389 |
Kaboni Savage v. United States |
Third Circuit |
2021-04-05 |
Denied |
|
appellate-procedure district-court federal-rules federal-rules-of-appellate-procedure judicial-discretion procedural-barriers record-on-appeal record-reconstruction statement-of-proceedings supplemental-record third-circuit transcript |
Whether the Third Circuit properly held—in conflict with decades of federal practice endorsing flexible procedures to assemble a complete record on ap… |
| 20-7655 |
Lisa Bershan v. United States |
Second Circuit |
2021-04-05 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure downward-departure judicial-discretion reasonableness reasonableness-standard sentencing sentencing-guidelines variances |
Should a sentencing judge be required to rule on downward departure requests before considering variances? |
| 20-7637 |
Derrick Gregory James v. Florida Department of Corrections |
Florida |
2021-04-02 |
Denied |
Response WaivedIFP |
corrections-department cruel-and-unusual-punishment double-jeopardy due-process ex-post-facto fifth-amendment habeas-corpus judicial-discretion sentence-modification sentencing |
Can a state corrections arbitrarily change a defendant's prison sentence, nearly two decades later, even after having initially structured said court-… |
| 20-7650 |
In Re Bo Zou |
|
2021-04-02 |
Denied |
IFP |
abuse-of-discretion contempt copyright-infringement judicial-discretion judicial-disqualification judicial-ethics judicial-misconduct liljeberg-standard magistrate-disqualification perjury procedural-irregularity |
How did the United States Court of Appeals for the Tenth Circuit disregard and ignore the facts and factual evidence, and prohibition criteria, which … |
| 20-7626 |
Robert Frank Miller v. United States |
District of Columbia |
2021-04-01 |
Denied |
Response WaivedIFP |
appellate-review appellate-standards criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-discretion probable-cause waiver |
Whether certiorari should be granted to clarify that probable cause must be based on actual facts, rather than mere assumptions interposed by the cour… |
| 20-7602 |
Bienvenido Rodriguez, Jr. v. Ulli Klemm, et al. |
Third Circuit |
2021-03-30 |
Denied |
IFP |
appellate-procedure circuit-court civil-procedure civil-rights due-process ineffective-representation judicial-discretion legal-representation motion-to-dismiss procedural-due-process settlement-agreement standing |
Whether the Third Circuit Court of Appeals abused its discretion in summarily affirming the district court's order, dismissing plaintiff Rodriguez's a… |
| 20-7571 |
Hilliard A. Fulgham v. Scott Crow, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2021-03-26 |
Denied |
IFP |
civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel interstate-agreement-on-detainers interstate-detainer judicial-discretion trial-fairness waiver |
Is an objection required before a court would have understanding that a detainee did not want to be tried after the time-line set in his involuntary r… |
| 20-7572 |
Jim Bass Holden v. Nevada, et al. |
Ninth Circuit |
2021-03-26 |
Denied |
Response WaivedIFP |
6th-amendment appellate-review circuit-split conflict-of-laws constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-discretion procedural-default right-to-counsel |
Whether the use of a Brecon ment / wmnte wukecwautt Seven s\\k ¢ QQ violates the Sixth Amendment right to counsel |
| 20-7580 |
Trinidad Jesus Garcia v. United States |
Eighth Circuit |
2021-03-26 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure criminal-procedure due-process federal-sentencing individualized-circumstances judicial-discretion plain-error reasonableness sentencing sentencing-guidelines |
Whether formal objection to sentencing is necessary to invoke plain error review of the reasonableness of a sentence |
| 20-7581 |
Michael Hernandez v. Florida |
Florida |
2021-03-26 |
Denied |
IFP |
constitutional-rights fact-finding first-amendment judicial-discretion juvenile-sentencing life-sentence mandatory-minimum sentencing-factors sixth-amendment trial-judge |
Whether Florida's juvenile sentencing statute violates the Sixth Amendment |
| 20-7547 |
Saloman Martinez v. United States |
Sixth Circuit |
2021-03-25 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-interpretation criminal-law criminal-procedure due-process evidence judicial-discretion kentucky-law sentencing-guidelines sixth-amendment standard-of-proof supreme-court-precedent |
Whether the defendant's conviction and sentence are in conflict with the Supreme Court's precedents in (1) Crawford v. Washington, 541 U.S. 36 (2004),… |
| 20-1345 |
Keith Arnold v. City of Auburn, Washington |
Washington |
2021-03-24 |
Denied |
|
abuse-of-authority abuse-of-discretion administrative-law appellate-review civil-rights due-process judicial-discretion municipal-harassment parking-regulation parking-ticket |
Has the City of Auburn committed harassment under the cover of abuse of a position of authority against petitioner by giving petitioner a parking tick… |
| 20-1323 |
Gregory Patmythes v. City of Madison, Wisconsin |
Seventh Circuit |
2021-03-23 |
Denied |
|
appellate-rights civil-procedure clerk court-accessibility due-process electronic-filing federal-rules judicial-discretion pro-se-litigant procedural-failure standing |
Whether a pro se litigant can be penalized for a CM/ECF failure that renders the clerk's office inaccessible |
| 20-7541 |
Billian Jo, as Personal Representative of the Estate of Mee Jin-Jo v. JPMC Specialty Mortgage, LLC |
Second Circuit |
2021-03-23 |
Denied |
IFP |
appellate-procedure circuit-split civil-procedure clerk-authority due-process federal-rules judicial-discretion judicial-oversight summary-order |
Whether the Second Circuit Clerk's authority regarding Summary Orders is appropriate under FRAP |
| 20-7510 |
In Re Leonard English |
|
2021-03-19 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights due-process equal-protection fairness fifth-amendment first-amendment judicial-discretion ninth-amendment |
Does any judge have the discretion to arbitrarily pick what relevant written & verified facts to consider and not apply them to governing laws for no … |
| 20-1301 |
Kenneth Charles McNeil, aka Chip v. United States |
Ninth Circuit |
2021-03-19 |
Denied |
Response Waived |
28-usc-2255 all-writs-act coram-nobis equitable-relief federal-courts federal-equity judicial-discretion statutory-interpretation united-states-v-morgan writ-of-relief |
Whether the federal courts have the proper standard for granting coram nobis relief |
| 20-7486 |
Carlos Guzman-Merced v. United States |
First Circuit |
2021-03-18 |
Denied |
Response WaivedIFP |
28-usc-2106 appellate-remedy appellate-review criminal-procedure indictment indictment-dismissal judicial-discretion plain-error plain-error-review remedial-authority statutory-interpretation |
Whether a Court of Appeals can order an indictment dismissed as part of the appellate remedy |
| 20-7473 |
Ivan Dario Obregon v. United States |
Fifth Circuit |
2021-03-17 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-law criminal-sentencing due-process federal-jurisdiction federal-procedure judicial-discretion plain-error plea-agreement sentencing-error sentencing-guidelines |
Are unforeseeable sentencing mistakes beyond the scope of federal appeal waivers? |
| 20-7458 |
Promila Rajput v. Tiffany Terrell, et al. |
Virginia |
2021-03-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-procedure civil-rights court-misconduct due-process injunctive-order judicial-discretion misconduct procedural-abuse secured-rights standing witness-tampering |
Whether the injunctive rulings manifest improper purpose to tamper with the petitioner presenting as a witness, diminish the petitioner's secured righ… |
| 20-7449 |
Michael Nunez, aka Gordo v. United States |
Second Circuit |
2021-03-15 |
Denied |
Response WaivedIFP |
3553(a) 3553a-factors appellate-review appellate-waiver constitutional-review due-process judicial-bias judicial-discretion plea-agreement sentencing sentencing-bias |
Whether a sentence imposed by an apparently biased judge, based on material falsehood, disregard of the 3553(a) factors, legally unfounded fixed polic… |
| 20-7450 |
Anthony A. Patel v. Regents of the University of California |
California |
2021-03-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights due-process equal-protection judicial-discretion mental-health mental-health-diagnosis political-discrimination political-speech trump-presidency |
Does the U.S. Constitution permit the State of California to misdiagnose an American Citizen as Suffering from a Mental Disorder for supporting Presid… |
| 20-1269 |
Amanda Kay Renfroe, et al. v. Robert Denver Parker, et al. |
Fifth Circuit |
2021-03-12 |
Denied |
Response Waived |
civil-procedure civil-rights constitutional-interpretation due-process judicial-discretion judicial-review legal-doctrine qualified-immunity separation-of-powers standing |
Qualified-immunity-violates-separation-of-powers |
| 20-7408 |
Trystan Keun Napper v. United States |
Fifth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure federal-courts judicial-discretion legal-interpretation plain-error standard-of-review statutory-interpretation |
Whether Federal Rule of Criminal Procedure 52(b) permits courts of appeals to grant appellate relief in the absence of error shown by binding preceden… |
| 20-7409 |
Eduardo Pena-Garcia v. United States |
Fifth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-7421 |
Jefferson Levine v. United States |
Eleventh Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
18-usc-3553(a) circuit-conflict criminal-resentencing first-step-act judicial-discretion post-sentencing-conduct section-404(b) sentencing sentencing-discretion |
Whether consideration of § 3553(a) factors is mandatory under First-Step-Act-Section-404(b) |
| 20-7434 |
William Dawes v. California |
California |
2021-03-11 |
Denied |
IFP |
civil-rights constitutional-rights due-process forced-medication judicial-discretion judicial-oversight legal-incompetence mental-health prison punishment-standards state-procedure |
Whether the involuntary medication of a prisoner without judicial oversight or even a court order violates the 5th Amendment's due process protections |
| 20-1249 |
Gary Victor Dubin v. Office of Disciplinary Counsel |
Hawaii |
2021-03-09 |
Denied |
Response WaivedRelisted (2) |
administrative-procedure civil-rights due-process equal-protection free-speech freedom-of-speech judicial-discretion license-revocation professional-licensing state-constitution |
Is it a violation of (1) Equal Protection, (2) Due Process and/or (3) Freedom of Speech |
| 20-7352 |
In Re Henry Lee Rudolph |
|
2021-03-08 |
Denied |
IFP |
collateral-estoppel constitutional-provisions criminal-procedure double-jeopardy due-process fraud-on-the-court judicial-discretion post-conviction-relief predicate-offense prosecutorial-misconduct supreme-court-discretion |
Did the Utah Supreme Court commit error by stating the Franses' rights were not violated and Rodolph requested, and by stating three flawed reasons fo… |
| 20-7313 |
Leonard Glen Overmyer, III v. United States |
Sixth Circuit |
2021-03-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process habeas-corpus ineffective-counsel judicial-discretion post-conviction-relief sentencing sentencing-error supervised-release |
Whether a Defendant should be allowed to seek a reduction of, or discharge from, an imposed supervised release after being improperly sentenced, and r… |
| 20-7296 |
Dane Schrank v. United States |
Sixth Circuit |
2021-03-02 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
appellate-procedure due-process federal-rules-of-appellate-procedure judicial-discretion mandatory-minimum oral-argument reasoned-decision sentencing-guidelines standing |
Must Circuit Courts provide reasoned decisions to deny parties oral argument under Federal Rule of Appellate Procedure 34(a)(2)? |
| 20-7281 |
Michael J. Wright v. Mario Cardenas, et al. |
Eleventh Circuit |
2021-03-01 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights failure-to-state-a-claim federal-rules-of-civil-procedure judicial-discretion motion-to-dismiss procedural-requirements rule-interpretation summary-judgment |
Proper-Procedure-for-Defenses-under-Rule-12 |
| 20-7283 |
John Larvie v. United States |
Eighth Circuit |
2021-03-01 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation double-jeopardy due-process federal-review habeas-corpus judicial-discretion plea-bargaining procedural-default standing state-court-reasoning tribal-sovereignty |
Whether tribal sovereignty can be ignored and a defendant punished despite not being convicted tribally |
| 20-1168 |
Marcus & Millichap Real Estate Investment Services of Nevada, Inc., et al. v. Sharath Chandra, et al. |
Ninth Circuit |
2021-02-25 |
Denied |
|
access-to-courts civil-procedure civil-rights comity comity-doctrine due-process federal-courts judicial-discretion legal-procedure standing Younger-abstention |
Whether any standard should guide the courts of appeals' discretion to raise Younger abstention sua sponte |
| 20-1188 |
Marilynn Thomason v. Beneficial Financial I Inc. |
Idaho |
2021-02-25 |
Denied |
Response Waived |
18-usc-1956 28-usc-1651 appellate-procedure constitutional-authority court-records due-process equal-protection idaho-appellate-rule-28 judicial-discretion |
Whether any State Supreme Court, state appellate court, state district court and/or any clerk of such court has the constitutional and statutory autho… |
| 20-1157 |
Michelle Stopyra Yaney v. Superior Court of California, Riverside County, et al. |
California |
2021-02-23 |
Denied |
|
civil-rights covid-19 disability disability-rights due-process health-status judicial-discretion mortality-risk public-health standing writ-of-certiorari |
Whether a court has to consider a petitioner's health status or if they would have a higher rate of mortality if infected with COVID-19, prior to deny… |
| 20-7194 |
Lamar Johnson v. United States |
Ninth Circuit |
2021-02-23 |
Denied |
Relisted (2)IFP |
appellate-review criminal-procedure judicial-discretion plain-error-review rehaif-v-united-states substantial-rights supreme-court-decision trial-record |
Whether when applying plain-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters… |
| 20-7190 |
Erik Sanchez v. Terry Jacques, Warden |
Tenth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
confrontation-clause consecutive-sentences constitutional-rights criminal-procedure due-process federal-review judicial-discretion plea-bargaining post-conviction-relief sentencing sentencing-guidelines |
Whether the sentencing court must enter a factual basis to support a consecutive sentence when a defendant has never pled guilty to such facts, depriv… |
| 20-7179 |
Nelson Viera v. Florida Department of Corrections |
Eleventh Circuit |
2021-02-19 |
Denied |
IFP |
civil-procedure court-jurisdiction fraud fraud-upon-court judicial-discretion jurisdiction legal-interpretation miscarriage-of-justice procedural-review rule-60 supreme-court |
Whether the lower Courts are properly interpreting and implementing the Supreme Court decree about jurisdiction and fraud upon the Court under Rule 60… |
| 20-7186 |
Brian Dale Lee v. United States |
Fourth Circuit |
2021-02-19 |
Denied |
Response WaivedIFP |
5k2.1-motion appellate-review criminal-procedure district-court fourth-circuit judicial-discretion sentencing sentencing-guidelines |
Whether the Fourth Circuit court erred in finding that the district court's consideration of conduct raised in a 5k2.1 motion was appropriate? |
| 20-7172 |
Dakota Manucy Constantin v. Florida |
Florida |
2021-02-17 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-procedure due-process fifth-amendment judicial-discretion sentencing sentencing-guidelines sixth-amendment uncharged-conduct |
Was Constantin denied due process when the sentencing court relied upon uncharged conduct in imposing a sentence in excess of that recommended by the … |
| 20-1124 |
Michael Don Leatherwood v. Jeorld Braggs, Jr., Warden |
Tenth Circuit |
2021-02-17 |
Denied |
|
affidavit criminal-procedure due-process fair-warning ineffective-assistance judicial-discretion probation probation-conditions statutory-construction statutory-interpretation |
Was Petitioner subject to the release conditions of probation while he was in prison? |
| 20-7158 |
Raymond J. Ramirez v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-02-16 |
Denied |
Response WaivedIFP |
appeals appellate-review certificate-of-appeal criminal-procedure due-process florida-rules habeas-corpus judicial-discretion jurisdiction jurisdictional-challenge standing |
Whether a certificate of appealability should have been granted |
| 20-7138 |
Patrick Begay v. United States |
Tenth Circuit |
2021-02-12 |
Denied |
Response WaivedIFP |
18-usc-3553 aggravated-assault criminal-procedure federal-sentencing guidelines judicial-discretion native-american native-american-defendants sentencing sentencing-guidelines statutory-interpretation united-states-sentencing-commission |
Whether a district court may consider reports generated by the United States Sentencing Commission's advisory groups that concluded the Guidelines for… |
| 20-1108 |
Pontiler S.A. v. OPI Products Inc., et al. |
Ninth Circuit |
2021-02-11 |
Denied |
Response Waived |
amendment civil-procedure contract due-process federal-civil-procedure federal-policy judicial-discretion pleading-standards rule-15 rule-8 |
Whether the court of appeals' dismissal of the petitioner's complaint for omitting one nonessential word in describing the respondents' breach of cont… |
| 20-7075 |
J. P. Parnell v. Doctor Chen, et al. |
Ninth Circuit |
2021-02-09 |
Denied |
IFP |
administrative-review civil-procedure civil-rights due-process inmate-litigation judicial-discretion medical-need prison-reform procedural-bar standing |
At what point does the judiciary have an obligation to curtail efforts to procedurally bar inmate litigation and consider gross salient factors that a… |
| 20-1086 |
Randall G. Stephens v. Dow Chemical Company |
Ohio |
2021-02-08 |
Denied |
|
access-to-courts constitutional-rights court-access due-process impartial-jury judicial-discretion public-trial speedy-trial vexatious-litigator |
Whether Administrative Judge John J. Russo's, Journal Entry of April 15, 2019 and Judge Brendan J. Sheehan's, Journal Entry of February 26, 2020 denyi… |
| 20-7052 |
Joshua Wright v. United States |
Fourth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion mitigating-factors procedural-reasonableness reasonableness sentencing substantive-reasonableness |
Whether the 151-month sentence is procedurally and substantively reasonable |
| 20-7057 |
Romario Waller v. Arkansas |
Arkansas |
2021-02-05 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment aggravating-factors amendment-violation constitutional-rights due-process judicial-discretion mandatory-sentencing plea-agreement sentencing sentencing-enhancement |
Did the Trial Judge violate Petitioner's constitutional rights |
| 20-7037 |
Elias Junior Rodriguez v. United States |
Fourth Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
5K1.1-motion appellate-review criminal-procedure criminal-sentencing downward-variance government-motion judicial-discretion sentencing sentencing-guidelines U.S.S.G.-5K1.1 |
Does a court violate Gall v. United States by failing to adequately explain the basis for a below-guidelines sentence? |
| 20-7046 |
Paul A. Bilzerian v. Securities Exchange Commission |
District of Columbia |
2021-02-04 |
Denied |
Response WaivedIFP |
change-in-circumstances civil-procedure court-access equitable-relief judicial-discretion legal-standards motion-to-terminate permanent-injunction rule-65 standing |
Whether a district court has the discretion to deny an unopposed motion to terminate a 20-year-old permanent injunction prohibiting access to any stat… |
| 20-7012 |
Stanley Dan Reczko, III v. United States |
Ninth Circuit |
2021-02-02 |
Denied |
Response WaivedIFP |
appellate-procedure circuit-court continuance district-court judicial-discretion legal-doctrine party-presentation sixth-amendment sixth-amendment-challenge united-states-v-sineneng-smith |
Does the Ninth Circuit's rule permitting it to decline to address a defendant's Sixth Amendment challenge (arising from the district court's denial of… |
| 20-7015 |
Sabina Leigh Burton v. Board of Regents of the University of Wisconsin System, et al. |
Seventh Circuit |
2021-02-02 |
Denied |
IFP |
abuse-of-discretion civil-procedure discovery-violations fraud-on-court fraud-on-the-court judicial-discretion rule-37 rule-60(b)(6) rule-60b speedy-trial-act |
Whether discovery violations can constitute fraud on the court |
| 20-6991 |
Edwin Jurado-Nazario v. United States |
First Circuit |
2021-02-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process first-circuit judicial-discretion reasonableness reasonableness-review sentencing |
Whether the sentence imposed is unreasonable |
| 20-7001 |
Aaron J. Bressi v. Jeffrey Brennen, et al. |
Third Circuit |
2021-01-29 |
Rehearing |
Response WaivedRelisted (2)IFP |
amendment civil-procedure due-process federal-rules free-speech judicial-discretion motion-to-dismiss pleading pleading-standards standing |
How does this Amended Complaint not comply with the Federal Rules of Civil Procedure? |
| 20-6965 |
Bradley B. Miller v. Virginia T. Dunn |
Texas |
2021-01-28 |
Denied |
Relisted (2)IFP |
constitutional-rights contempt court-fine court-fines due-process fourteenth-amendment indigent-party judicial-discretion jurisdiction removal |
Whether the levying of a court fine against an indigent party represents a violation of constitutional Due Process |
| 20-6988 |
Antwone Lamont Creater v. Illinois |
Illinois |
2021-01-28 |
Denied |
IFP |
aggravating-factors appellate-review criminal-sentencing due-process equal-protection judicial-discretion mitigating-factors sentencing-guidelines |
Whether the seriousness of the offense is the most important factor for a judge to consider in fashioning a defendant's sentence, or whether the serio… |
| 20-6933 |
Seledonio Martinez v. United States |
Fourth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasonableness reasonableness-review sentencing sentencing-guidelines sentencing-standard totality-of-the-circumstances |
Whether the 46-month sentence is reasonable given the totality of the circumstances |
| 20-6935 |
Melvin Wofford v. Jeffrey Woods, Warden |
Sixth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
constitutional-question criminal-trial deliberating-juror deliberation-process judicial-discretion juror-dismissal juror-removal jury-unanimity merits-of-the-case sixth-amendment unanimous-jury-verdict |
Does a trial court violate the defendant's Sixth Amendment right to a unanimous jury verdict when the record establishes a reasonable possibility that… |
| 20-6939 |
Thomas Nevius v. Gurbir S. Grewal, Attorney General of New Jersey, et al. |
Third Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
administrative-law brady-violation civil-procedure civil-rights co-defendant-confession confrontation-clause criminal-procedure due-process equal-protection evidence-admissibility judicial-discretion standing |
Whether the lower court erred in dismissing petitioner's claims for lack of standing |
| 20-6925 |
Leonidas Iraheta and Eduardo Hernandez v. United States |
Ninth Circuit |
2021-01-25 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fifth-amendment judge-found-facts judicial-discretion jury-trial sentencing sentencing-enhancement sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit severe increases to the sentences of criminal defendants using judge-found facts rejected by the jury |
| 20-987 |
Spielbauer Law Office v. Midland Funding, LLC, et al. |
California |
2021-01-25 |
Denied |
|
appeal civil-procedure constitutional-taking due-process entry-of-judgment judicial-discretion notice-of-appeal procedural-rights statutory-interpretation takings |
If a statute appears to reasonably permit the filing of a notice of appeal upon entry of order or entry of judgment, is it a denial of due process of … |
| 20-6895 |
Raheem Jefferson Brennerman v. United States |
Second Circuit |
2021-01-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-defendant criminal-procedure due-process judicial-discretion judicial-review liberty second-circuit trial-court |
Whether the abuse of discretion standard is Constitutionally impermissible where a trial court deprived a criminal defendant of his Constitutional rig… |
| 20-6910 |
El-Asad Alsaedi v. Florida |
Florida |
2021-01-15 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection federal-jurisdiction judicial-discretion mandatory-minimum sentencing-authority sentencing-guidelines standing statutory-interpretation |
Whether the Eleventh Circuit erred in dismissing Petitioner's civil rights claims against Defendant for lack of standing |
| 20-6894 |
Macho Joe Williams v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-01-14 |
Denied |
IFP |
appellate-review civil-rights conflict-of-interest constitutional-interpretation criminal-appeal criminal-procedure due-process ineffective-assistance-of-counsel judicial-discretion sentencing sentencing-guidelines |
Whether the trial court abused its discretion when it denied Appellant's motion to review a 2019 order |
| 20-955 |
Delva Newhouse, Administratrix of the Estate of William Perry Newhouse, III v. Ethicon, Inc., et al. |
Fourth Circuit |
2021-01-14 |
Denied |
Relisted (2) |
civil-rights due-process federal-law fraud-upon-court fraud-upon-the-court judicial-discretion medical-device product-liability rule-60 summary-judgment |
Did the U.S. District Court and U.S. Fourth Circuit Court of Appeals justices abuse their discretion, create manifest injustice, substantially err, pr… |
| 20-6870 |
Antonio Harris v. United States |
Eighth Circuit |
2021-01-13 |
Denied |
Response WaivedIFP |
crack-cocaine criminal-justice-reform first-step-act judicial-discretion mandatory-minimum mandatory-minimums retroactive-sentencing sentence-reduction sentencing-guidelines |
Can federal judges ignore the current United States Sentencing Guidelines calculation when considering whether to reduce a sentence for a 'covered off… |
| 20-6810 |
Michael Lanier Watkins v. Georgia |
Georgia |
2021-01-08 |
Denied |
IFP |
criminal-procedure defendant-rights due-process ineffective-assistance judicial-discretion lesser-included-offense sixth-amendment trial-counsel |
Did Petitioner receive ineffective assistance of counsel? |
| 20-910 |
Anthony M. Lee v. Heath Parshall |
Seventh Circuit |
2021-01-08 |
Denied |
|
civil-rights due-process judicial-discretion jury jury-selection racial-bias section-1983 standing voir-dire |
Whether the district court's refusal to probe potential jurors for bias or prejudice was an abuse of discretion under Rule 47(a) |
| 20-6794 |
Oscar Guevara Salamanca v. United States |
Sixth Circuit |
2021-01-07 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights due-process federal-sentencing illegal-reentry judicial-discretion prior-conviction revocation-of-probation right-to-be-heard sentencing-enhancement state-sentencing |
May a federal district court enhance a federal sentence based on a prior sentence imposed by way of a clear and complete deprivation of the individual… |
| 20-6795 |
Alicia Marie Richards v. Ryal W. Richards |
California |
2021-01-07 |
Denied |
Response WaivedIFP |
14th-amendment civil-procedure due-process eviction ex-parte-eviction judicial-discretion property-rights sanctions |
Does the 'Compel Obedience Clause' in Civil Code of Procedure Section 128 allow ex parte eviction on the court's own motion? |
| 20-904 |
Deborah Holter v. City of Mandan, North Dakota |
North Dakota |
2021-01-05 |
Denied |
|
abuse-of-discretion due-process fourteenth-amendment governmental-action judicial-discretion property-rights special-assessment special-assessments takings village-of-norwood-v-baker |
Whether a governmental entity properly considers the special benefits accruing to an assessed property when paying a nominal portion of the total cost… |
| 20-871 |
In Re Bryant Moore |
|
2020-12-31 |
Denied |
Response Waived |
28-usc-1651 appellate-review default-judgment extraordinary-writ fraud-on-court fraud-on-the-court hazel-atlas-glass-co-v-hartford-empire-co judicial-discretion statutory-interpretation summary-judgment |
Whether this Court should use its discretion through 28 U.S.C. §1651(a) and governing law of Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 23… |
| 20-869 |
David E. Henry v. Castle Medical Center |
Ninth Circuit |
2020-12-30 |
Denied |
|
circuit-split civil-procedure federal-rules-civil-procedure federal-rules-of-civil-procedure foman-standard foman-v-davis judicial-discretion motion-to-amend post-judgment-amendment rules-59-and-60 standards-for-amendment |
Whether a district court must consider and decide on the merits a post-judgment motion for leave to amend the complaint |
| 20-6718 |
Jason J. Johnson v. California |
California |
2020-12-29 |
Denied |
IFP |
criminal-procedure due-process evidence evidentiary-rule judicial-discretion legal-standard newly-discovered-evidence post-conviction post-conviction-relief standards-of-review trial-procedure |
Under the 'newly discovered evidence rule' does not evidence discovered after conviction, such as evidence the movant could not have possibly discover… |
| 20-6674 |
Tony Chevallier v. United States |
Fourth Circuit |
2020-12-21 |
Denied |
Response WaivedIFP |
criminal-acts criminal-procedure drug-trafficking due-process judicial-discretion jury-conviction sentencing-factors sentencing-guidelines statutory-range uncharged-conduct |
When are trial judges prohibited from considering as sentencing factors criminal acts that a defendant was neither charged nor convicted of? |
| 20-6683 |
Reynaldo Diaz-Guzman v. United States |
Sixth Circuit |
2020-12-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation criminal-procedure due-process evidence-suppression judicial-discretion jurisdiction prosecutorial-misconduct standing subject-matter-jurisdiction |
Whether the court of appeals erred and abused its discretion in rejecting the challenge to the indictment and argument for dismissal for lack of subje… |
| 20-6659 |
Eddie Ashley v. California, et al. |
California |
2020-12-18 |
Denied |
Response WaivedIFP |
california-law california-supreme-court constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process federal-jurisdiction judicial-discretion sentencing-enhancement sentencing-enhancements |
Does Petitioner had a Federal Due Process Right to the Prohibition of the Imposition of Two Different Sentencing Enhancements, per the California Supr… |
| 20-6638 |
Raheem Jefferson Brennerman, aka Jefferson R. Brennerman, aka Ayodeji Soetan v. United States |
Second Circuit |
2020-12-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-defendant criminal-procedure due-process judicial-discretion judicial-review liberty second-circuit trial-court |
Whether the abuse of discretion standard is Constitutionally impermissible where the trial court deprived a criminal defendant of his Constitutional r… |
| 20-6615 |
Cornell McHenry v. Texas, et al. |
Fifth Circuit |
2020-12-11 |
Denied |
IFP |
conflict-of-interest constitutional-law criminal-procedure due-process evidence habeas-corpus ineffective-assistance judicial-discretion prosecutorial-misconduct standard-of-review witness-testimony |
Did the 11th Circuit err in deferring to the State Court finding that Mr. McHenry was not prejudiced by trial counsel's conflict of interest and failu… |
| 20-6591 |
Jose Delores Vanegas v. United States |
Fourth Circuit |
2020-12-09 |
Denied |
Response WaivedIFP |
constitutional-rights conviction due-process fifth-amendment fourth-amendment judicial-discretion prosecutorial-misconduct remand |
whether-the-trial-court-abused-its-discretion |
| 20-6561 |
Jesus N. Rodriguez v. Ashley Moody, Attorney General of Florida, et al. |
Eleventh Circuit |
2020-12-08 |
Denied |
IFP |
civil-procedure constitutional-law district-court due-process incorporated-grounds judicial-discretion pleading-defect procedural-error rule-violation standing statutory-interpretation supervisory-authority |
Whether the district court invited error resulting in a fundamental pleading defect |
| 20-6564 |
Eric Bernard Scott v. Artis Singleton, Warden |
Georgia |
2020-12-08 |
Denied |
IFP |
civil-rights constitutional-rights court-proceedings due-process habeas-corpus judicial-discretion jurisdiction legal-review standing state-law supreme-court-jurisdiction |
Whether the Supreme Court abused its discretion by failing to rule that the Superior Court of Fulton County was without subject matter jurisdiction to… |
| 20-6571 |
Antonio W. Smith v. M. Brecken, Warden |
Fourth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
28-usc-2255 career-offender habeas-corpus judicial-discretion mandatory-minimum miscarriage-of-justice sentencing-guidelines statutory-interpretation |
Did the Fourth Circuit Appeals Court err by not hearing Petitioner's 28 U.S.C. §2241 petition on the merits |
| 20-774 |
Georgianna Parisi v. Dayton Bar Association Certified Grievance Committee, et al. |
Ohio |
2020-12-07 |
Denied |
Response Waived |
civil-rights constitutional-interpretation court-records due-process judicial-discretion legislative-intent open-records separation-of-powers state-constitution state-legislature state-separation-of-powers |
Whether the Ohio Supreme Court violated the U.S. and Ohio Constitutions by applying Superintendence Rules 44-47 to records that are not 'court documen… |
| 20-6517 |
Elvis Basic v. United States |
Eighth Circuit |
2020-12-04 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure drug-quantity federal-sentencing judicial-discretion sentencing sentencing-guidelines standard-of-review |
Whether a federal district court must use the 'err on the side of caution' principle when approximating the drug quantity? |
| 20-6516 |
Eric Dynell McGadney v. United States |
Eleventh Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure eleventh-circuit judicial-discretion molina-martinez per-se-rule prejudice prejudicial-error sentencing-error sentencing-framework sentencing-guidelines |
Whether a sentencing court's statement that it would have imposed the same sentence regardless of the Guidelines creates a per se rule that a miscalcu… |
| 20-6497 |
Andrey Bridges v. David W. Gray, Warden |
Sixth Circuit |
2020-12-02 |
Denied |
Relisted (2)IFP |
abuse-of-power access-to-courts appellate-review civil-forum civil-rights constitutional-rights due-process equal-protection judicial-discretion judicial-review self-representation |
When the doors of the Court(s] are willfully, maliciously, and improperly closed to non-influential, self-represented persons |
| 20-6510 |
Lawrence W. Ford v. Anita L. Budde |
Nevada |
2020-12-02 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion appellate-review due-process judicial-discretion judicial-integrity judicial-review plain-error pro-se |
Whether the appellate court abused its discretion in mischaracterizing the trial court record and relying on erroneous facts |
| 20-6471 |
Israel Washington v. United States |
Ninth Circuit |
2020-12-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-procedure court-standard due-process judicial-discretion legal-standard standard-of-review testimony-readback trial-procedure |
Whether the district court abused its discretion in denying a request for the readback of testimony |
| 20-752 |
Gavin B. Davis v. California |
California |
2020-12-01 |
Denied |
Relisted (2) |
appeal appellate-review civil-rights criminal-procedure due-process judicial-discretion plea-bargaining plea-withdrawal sentencing totality-of-circumstances |
Did the 4% Dist., Div. 1, Court of Appeal, California, err in its inquiry and application of Boykin-Tahl analysis under its 'totality of circumstances… |
| 20-6473 |
Jessica Arnold v. United States |
Fifth Circuit |
2020-11-30 |
Denied |
Response WaivedIFP |
appellate-review district-court failure-to-address judicial-discretion mitigation procedural-error sentencing sentencing-mitigation standard-of-review trial-counsel |
What standard applies to appellate review of the appeal of a district court's failure to address arguments of counsel in mitigation of sentencing, whe… |
| 20-6474 |
Pedro Fermin Barajas v. United States |
Fifth Circuit |
2020-11-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-724 |
Donovan Middleton, et al. v. Complete Nutrition Franchising, LLC, et al. |
Eighth Circuit |
2020-11-25 |
Denied |
|
circuit-split civil-procedure dismissal-with-prejudice judicial-discretion motion-to-amend post-judgment-motion rule-12b6 rule-59e standard-of-review |
Should the standard of review in a Rule 59(e) post-judgment motion to amend following a dismissal with prejudice under Rule 12(b)(6) be clarified |
| 20-6409 |
Hugo Humberto Perez Rangel v. United States |
Fifth Circuit |
2020-11-24 |
Denied |
IFP |
advisory-opinions appellate-review criminal-procedure federal-sentencing guideline-error harmless-error incentive-to-object judicial-discretion sentencing sentencing-discretion sentencing-guidelines |
Whether Guideline error is necessarily harmless if the district court is presented with the Guideline range later vindicated on appeal and disclaims a… |
| 20-6402 |
Eric Treantos v. United States |
First Circuit |
2020-11-23 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review booker-standard booker-v-united-states criminal-appeal criminal-sentencing first-circuit-court-of-appeals gall-v-united-states judicial-discretion procedural-reasonableness sentencing-guidelines united-states-v-eric-treantos |
Does the First Circuit Court of Appeals' decision in petitioner's case conflict with this Court's decisions in Booker v. United States and Gall v. Uni… |
| 20-705 |
Chris Jaye v. United States |
Federal Circuit |
2020-11-23 |
Denied |
Response Waived |
civil-procedure court-jurisdiction due-process federal-courts first-amendment judicial-discretion judicial-immunity petition-rights pleading-standards standing |
Has the US Court of Federal Claims and US Court of Appeals for the Federal Circuit acting in opposition to controlling law (Erickson vu. Pardus, Johns… |
| 20-6384 |
Owen McCants v. Steven Silva |
First Circuit |
2020-11-19 |
Denied |
IFP |
abuse-of-discretion appeals criminal-procedure due-process evidence-sufficiency federal-law-violation ineffective-counsel judicial-discretion judicial-review pretrial-procedure prosecutorial-misconduct standard-of-review |
Whether the trial court, appeals court, and Supreme Judicial Court abused their discretion? |
| 20-6367 |
Kissinger St. Fleur v. United States |
Eleventh Circuit |
2020-11-18 |
Denied |
IFP |
appellate-review buyer-seller-transaction cocaine-distribution conspiracy criminal-conspiracy criminal-procedure drug-crimes due-process fair-trial judicial-discretion jury-instruction jury-instructions |
Did the district court and the Eleventh Circuit deny Mr. St. Fleur a fair trial when it failed to give buyer-seller instructions to the jury? |
| 20-6299 |
Brayan Jassiel Leyva-Peraza v. United States |
Fifth Circuit |
2020-11-13 |
Denied |
Response WaivedIFP |
appellate-review circuit-conflict circuit-split discretionary-review due-process judicial-discretion knowing-and-voluntary plea-agreement supervisory-powers unconscionability |
Whether the plea agreement was unconscionable and the plea was knowing and voluntary |
| 20-6303 |
Lamar Whatley v. Illinois |
Illinois |
2020-11-13 |
Denied |
IFP |
aggravating-factors constitutional-challenge de-novo eighth-amendment ineffective-assistance judicial-discretion mitigating-factors sentencing sentencing-discretion separation-of-powers sixth-amendment |
Whether the separation of powers clause allows the legislature to limit the scope of judicial discretion in sentencing by deeming certain aggravating … |
| 20-6312 |
Abdul Azeem Mohammed v. Jorge L. Alonso, District Judge, et al. |
Seventh Circuit |
2020-11-13 |
Denied |
IFP |
civil-procedure civil-rights court-authority due-process judicial-discretion judicial-immunity legal-procedure procedural-defect standing subject-matter-jurisdiction |
Whether a judge has judicial immunity when presiding over a case without subject matter jurisdiction |
| 20-650 |
Stadtwerke Frankfurt am Main Holding GmbH v. RWE Trading Americas Inc. |
Second Circuit |
2020-11-13 |
Denied |
Response Waived |
abuse-of-discretion civil-procedure corporate-control discovery discovery-compliance document-search evidence-sufficiency judicial-discretion possession-custody-control reasonable-search subpoena subpoena-standard |
Whether the district court applied the wrong standard in concluding that the subpoena target's search was adequate and quashing the subpoena |
| 20-656 |
Robert Kinghorn, et al. v. United States |
Federal Circuit |
2020-11-13 |
Rehearing |
Response WaivedRelisted (2) |
appellate-review circuit-split civil-procedure federal-courts federal-jurisdiction intervention intervention-standard judicial-discretion motion-to-intervene procedural-motion standard-of-review |
What is the correct legal standard of review for determining a Motion to Intervene as of right as well as a Motion to Permissively Intervene when the … |
| 20-6281 |
Kevin Lamar Ratliff v. United States |
Eleventh Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
amendment-782 career-offender criminal-law criminal-procedure discretion federal-sentencing federal-sentencing-guidelines guideline-amendment judicial-discretion sentencing sentencing-guidelines |
Whether the Lower Courts have discretion to reduce Petitioner's sentence under U.S.S. Guideline Amendment 782, regardless of Petitioner's career offen… |
| 20-6282 |
Darius Tirrell Thomas v. United States |
Sixth Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure criminal-sentencing due-process federal-sentencing judicial-discretion sentencing-guidelines sixth-circuit statutory-interpretation u.s.-code |
Whether the Trial Court Erred in Finding the Defendant to Be a 'Career Offender' and Sentencing Him Accordingly |
| 20-6274 |
Fernando Juarez, aka Fernando Perez-Juarez v. United States |
Fifth Circuit |
2020-11-10 |
Denied |
Response WaivedIFP |
18-usc-3553a appellate-review criminal-sentencing federal-sentencing judicial-discretion overarching-goal presumption-of-reasonableness reasonableness-standard rita-v-united-states sentencing-guidelines statutory-interpretation |
Whether the presumption of reasonableness for within-guidelines sentences approved in Rita v. United States, 551 U.S. 338 (2007) has proved incompatib… |
| 20-619 |
R. S., et al., Individually and on Behalf of Their Son, A. S. v. Board of Education Shenendehowa Central School District, et al. |
Second Circuit |
2020-11-06 |
Denied |
Response WaivedRelisted (2) |
appellate-procedure autism civil-procedure due-process federal-rules federal-rules-of-appellate-procedure judicial-discretion motion-to-reopen pro-se pro-se-litigant standing time-limitations |
Whether an appellate court may sua sponte dismiss an appeal |
| 20-6208 |
Ira L. Jackson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-11-03 |
Denied |
IFP |
appeals civil-rights constitutional-due-process counsel-representation district-court-writ due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion procedural-errors standing |
Whether the Elevant Circuit was in error when it failed to grant the certificate of appealability |
| 20-6155 |
Jordan Sandoval v. United States |
Tenth Circuit |
2020-10-28 |
Denied |
Response WaivedIFP |
appellate-review circuit-split congress-intent judicial-discretion proportional-sentencing reasonableness-standard reckless-conduct sentencing-guidelines sentencing-reform-act substantive-reasonableness |
Does the substantial deference afforded to within-Guidelines sentences permit appellate courts to permit a flawed Guideline to anchor the sentencing a… |
| 20-535 |
Drew Samuel Bates v. United States |
Tenth Circuit |
2020-10-22 |
Denied |
|
circuit-split criminal-procedure first-step-act judicial-discretion resentencing sentencing-guidelines statutory-interpretation |
Whether a district court that chooses to conduct a resentencing under § 404 of the First Step Act is prohibited from considering a defendant's current… |
| 20-6093 |
Hany Sayed Abutaleb v. Mona Mohamed Abutaleb |
Illinois |
2020-10-21 |
Denied |
Relisted (3)IFP |
401(k) 401k-distribution asset-division discretion divorce-proceedings divorce-settlement equitable-distribution joint-assets judicial-discretion marital-assets property-division property-ownership |
Whether the trial court abused its discretion in awarding the wife 75% of the husband's 401(k) account despite the existence of four joint assets and … |
| 20-6099 |
Malcolm Moore v. United States |
Third Circuit |
2020-10-21 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-law criminal-procedure direct-review due-process first-step-act judicial-discretion retroactivity sentencing sentencing-retroactivity statutory-interpretation |
Whether Section 403 of the First Step Act of 2018 should apply to defendants whose convictions and sentences remain pending on direct review |
| 20-6077 |
Johnathan Pinney v. Illinois, et al. |
Seventh Circuit |
2020-10-20 |
Denied |
IFP |
appeals civil-rights due-process equal-protection federal-courts frivolous-claims judicial-discretion pleading-standards pro-se-litigation standing three-strikes-rule |
Issues being raised |
| 20-6044 |
Luidgi Benjamin v. United States |
Second Circuit |
2020-10-16 |
Denied |
Response WaivedIFP |
character-evidence character-testimony criminal-procedure district-court-jurisdiction due-process enticement evidentiary-admission judicial-discretion jury-instructions venue venue-challenge |
Should venue be proper where no elements of the crime occurred? |
| 20-6059 |
Paul Edward Duran v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2020-10-16 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review arbitration-award civil-rights constitutional-violations district-court due-process evidentiary-hearing federal-arbitration-act federal-court habeas-corpus judicial-discretion motion-to-vacate |
Did the Ninth Circuit Court err by not issuing a COA, when the Court had knowledge that there were allegations of constitutional violations that were … |
| 20-6019 |
Greg P. Givens v. Clyde Yates, Jr., et al. |
Ohio |
2020-10-15 |
Denied |
IFP |
bankruptcy civil-procedure civil-rights constitutional-rights due-process first-amendment free-speech immunity judicial-discretion petition-clause standing |
Does the lower court have the absolute right to wholly suspend the First Amendment rights of free speech and petition for redress of grievances? |
| 20-487 |
Ho Wong Jeong v. Angel Cabrera, et al. |
Fourth Circuit |
2020-10-14 |
Denied |
Response Waived |
civil-procedure district-court due-process judicial-discretion motion precedent pro-se rule-60 standing supreme-court-precedent |
Did the district court act contrary to SCOTUS precedents in denying appellant's pro se Rule 60(b)(3) motion on untimeliness without oral argument? |
| 20-466 |
Larry Williams v. United States |
Sixth Circuit |
2020-10-09 |
Denied |
Response Waived |
booker-decision departure-or-variance discretionary-guidelines First-Step-Act judicial-discretion rational-basis sentence-reduction sentencing-guidelines sentencing-reduction U.S.-v.-Booker |
Scope-and-limits-of-district-court-discretion-in-denying-unopposed-motion-for-sentence-reduction-under-First-Step-Act |
| 20-5979 |
Steven Dwayne Bailey v. Stuart Sherman, Warden |
Ninth Circuit |
2020-10-09 |
Denied |
IFP |
case-review compassionate-release criminal-justice district-court due-process early-release judicial-discretion judicial-review legal-standard parole procedural-error sentencing |
Whether the court can recall and/or resentence the defendant upon recommendation of the district attorney due to change in circumstances since the inm… |
| 20-5989 |
Ann Karnofel v. Superior Waterproofing, Inc. |
Ohio |
2020-10-09 |
Rehearing |
Response WaivedRelisted (2)IFP |
attorney-fees attorney-sanctions civil-rights court-procedure due-process evidentiary-challenges evidentiary-hearing judicial-discretion legal-ethics legal-representation pro-se sanctions |
Whether it was proper to impose sanctions and attorney's fees on a pro se petitioner, when the petitioner did not have an opportunity to respond at th… |
| 20-5965 |
Vito A. Pelino v. Michael Zaken, Superintendent, State Correctional Institution at Greene, et al. |
Third Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
case-reopening civil-procedure due-process extraordinary-circumstances federal-courts judicial-discretion rule-60(b) rule-60b state-courts substantive-claim |
Whether jurists of reason can debate that repeated decisions to ignore (not dismiss or deny) a substantive claim constitutes sufficiently 'extraordina… |
| 20-5936 |
Mark Phillip Carter, II v. United States |
Eighth Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-conflict circuit-split factual-objections judicial-discretion presentence-report sentencing-guidelines sentencing-procedure undue-influence |
Whether the undue influence enhancement in USSG § 2G1.3(b)(2)(B) should be expanded |
| 20-5917 |
Eric Malmstrom v. United States |
First Circuit |
2020-10-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-procedure competency criminal-law criminal-procedure due-process embassy-communication judicial-discretion mental-competency mental-disease mental-disease-or-defect standing sua-sponte |
Whether the district court abused its discretion when it failed to sua sponte order a competency evaluation |
| 20-5930 |
Diego Palacios-Villalon v. United States |
Fifth Circuit |
2020-10-06 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure culpability drug-trafficking judicial-discretion mitigating-role sentencing-guidelines |
Does a defendant have the sole obligation in the establishment of these elements or does the trial judge have a duty to inquire into them? |
| 20-5857 |
Alimamy Barrie v. United States |
Fourth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
18-USC-3582 criminal-procedure discretion federal-sentencing guidelines judicial-discretion retroactivity sentencing sentencing-amendment statutory-interpretation |
Whether a post-sentencing clarifying guideline amendment is applicable to a defendant |
| 20-5851 |
John Christopher Badgett v. United States |
Fifth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
appellate-review circuit-court criminal-procedure due-process fifth-circuit judicial-discretion sentencing sentencing-review substantive-reasonableness united-states-v-haymond |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 20-5825 |
Larry Lamar Nance v. United States |
Fourth Circuit |
2020-09-28 |
Denied |
Response WaivedIFP |
appellate-review central-thesis circuit-split criminal-procedure due-process judicial-discretion mitigation mitigation-arguments sentencing sentencing-review |
Whether a sentencing court must address all material, non-frivolous arguments in mitigation |
| 20-5807 |
Geoffrey Graham v. Grady Perry, Warden, et al. |
Georgia |
2020-09-25 |
Denied |
IFP |
civil-procedure civil-rights constitutional-challenge due-process indigent-prisoner judicial-discretion pro-se regulations standing state-court-procedure state-courts statutory-interpretation |
Is a pro se indigent prisoner held to a higher standard than state courts? |
| 20-5799 |
Lorenzo Davis v. United States |
Sixth Circuit |
2020-09-24 |
Denied |
Response WaivedIFP |
acquitted-conduct constitutional-law criminal-law criminal-procedure double-jeopardy due-process judicial-discretion sentencing sentencing-guidelines |
Whether a criminal defendant's sentence should be based upon acquitted conduct |
| 20-373 |
Richard Lee Abrams v. Gavin Newsom, Governor of California |
Ninth Circuit |
2020-09-23 |
Denied |
Response Waived |
civil-rights constitutional-challenge discrimination due-process equal-protection judicial-bias judicial-discretion motion-to-dismiss standing state-action |
Did the district court and the Ninth Circuit abuse their discretion by not allowing Petitioner to argue that the behavior of the Commission on Judicia… |
| 20-360 |
David Shinn, Director, Arizona Department of Corrections, et al. v. Shawn Jensen, et al. |
Ninth Circuit |
2020-09-17 |
Denied |
|
attorneys-fees circuit-court-split circuit-split civil-rights fee-enhancement judicial-discretion lodestar-method prison-litigation-reform-act prisoner-litigation statutory-interpretation |
Whether the PLRA leaves any room for a district court to enhance a fee award in prisoner cases beyond what it statutorily prescribes |
| 20-5730 |
Jimmie Butler v. United States |
Sixth Circuit |
2020-09-17 |
Denied |
Response WaivedIFP |
appellate-review career-offender criminal-procedure criminal-sentencing due-process harmless-error judicial-discretion sentencing-enhancement standard-of-review |
Whether the district court's improper designation of the petitioner as a career offender was harmless error and whether the court of appeals improperl… |
| 20-5701 |
Prakash Narayan v. Rabindra Prasad |
California |
2020-09-15 |
Denied |
Relisted (2)IFP |
court-bias due-process judicial-accountability judicial-bias judicial-corruption judicial-discretion judicial-ethics judicial-misconduct judicial-transparency legal-procedure procedural-irregularity |
Why are judges corrupted in California? |
| 20-334 |
City of San Antonio, Texas, On Behalf of Itself and All Other Similarly Situated Texas Municipalities v. Hotels.com, L.P., et al. |
Fifth Circuit |
2020-09-14 |
Judgment Issued |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
appellate-costs circuit-split civil-procedure cost-award discretion federal-rules judicial-discretion procedural-interpretation standard-of-review |
Whether district courts lack discretion to deny or reduce appellate costs deemed taxable under Fed. R. App. P. 39(e) |
| 20-5655 |
Casye Necole Richardson v. United States |
Fifth Circuit |
2020-09-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-5657 |
Eric Bernard Scott v. United States District Court for the Southern District of Georgia |
Eleventh Circuit |
2020-09-11 |
Denied |
IFP |
abuse-of-discretion appellate-review civil-procedure court-of-appeals due-process judicial-discretion jurisdiction legal-review mandamus procedural-error standing |
Whether the United States Court of Appeals abused its discretion |
| 20-5662 |
Hazhar A. Sayed v. Dean Williams, Executive Director, Colorado Department of Corrections |
Colorado |
2020-09-11 |
Dismissed |
IFP |
administrative-exhaustion administrative-remedies civil-procedure civil-rights colorado-corrections due-process fourteenth-amendment judicial-discretion prisoner-civil-rights prisoner-rights sex-offender-treatment standing |
Whether the Colorado Court of Appeals abused its discretion in dismissing Mr. Sayed's 42-U.S.C.-§1983-complaint |
| 20-312 |
Texas Brine Company, LLC, et al. v. Rodd Naquin, Clerk, Court of Appeal of Louisiana, First Circuit |
Louisiana |
2020-09-10 |
Denied |
Response Waived |
appellate-procedure appellate-review due-process geographical-bias judicial-discretion judicial-procedure panel-assignment random-selection state-law |
Whether due process requires judges to be assigned to panels randomly from the pool of all the judges available to hear a particular case |
| 20-5622 |
Larry E. Starks, Jr. v. United States District Court for the Central District of Illinois |
Seventh Circuit |
2020-09-09 |
Denied |
Response WaivedIFP |
career-offender constitutional-rights criminal-procedure fifth-amendment judicial-discretion sentencing sentencing-enhancement statutory-interpretation tenth-amendment |
Whether the court of appeals erred in terminating the inquiry into whether the petitioner met the requirements for a writ of certiorari |
| 20-5630 |
Mark Anthony Thacker v. Indiana |
Indiana |
2020-09-09 |
Denied |
Response WaivedIFP |
due-process equal-protection fourteenth-amendment indiana-law jail-time-credit judicial-discretion miscarriage-of-justice sentencing sentencing-credit |
Whether Petitioner, Mark A. Thacker, has suffer a miscarriage of justice and has been denied the equal protection and due process of laws as guarantee… |
| 20-5633 |
Darren M. Rowe v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-09-09 |
Denied |
IFP |
actual-innocence daubert-standard district-court due-process evidence-analysis expert-testimony habeas-corpus judicial-discretion legal-error new-evidence schlup-v-delo standard-of-review |
Whether the district court committed legal error when it determined that the newly presented evidence does not qualify for consideration under the act… |
| 20-5600 |
Jason Lee Harris v. Arizona, et al. |
Ninth Circuit |
2020-09-08 |
Denied |
IFP |
administrative-law civil-procedure court-procedure due-process evidence judicial-discretion judicial-review legal-rights relief-petition standing statutory-interpretation |
When Preponderance of the Evidence Suffices Inference and Courts Judicial Notice |
| 20-5561 |
Craig Edward Hunnicutt, Jr. v. United States |
Sixth Circuit |
2020-09-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review discretion federal-sentencing first-step-act guidelines judicial-discretion motion-denial sentence-reduction sentencing |
Whether the Sixth Circuit erred by refusing to review the denial of the defendant's First Step Act motion |
| 20-5566 |
John J. Wilson, Jr. v. Florida, et al. |
Florida |
2020-09-02 |
Dismissed |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion judicial-review legal-counsel relief-denial standing state-court-procedure |
Can the systematic deprivation of counsel be used as the primary reason to deny post-conviction relief? |
| 20-262 |
Bridget Alex, et al. v. T-Mobile USA, Incorporated, et al. |
Fifth Circuit |
2020-09-02 |
Denied |
Response Waived |
certification civil-rights due-process erie-doctrine federal-jurisdiction federalism judicial-discretion state-law state-law-interpretation statutory-interpretation tort-claims-act |
Whether the Fifth Circuit abused its discretion by refusing to certify the case to the Texas Supreme Court |
| 20-278 |
Marguerite Smith v. Robert Wilkie, Secretary of Veterans Affairs, et al. |
Eleventh Circuit |
2020-09-02 |
Denied |
Response WaivedRelisted (2) |
11th-circuit appellate-procedure circuit-rules civil-procedure due-process federal-rules federal-rules-of-appellate-procedure judicial-discretion jurisdiction mandate-issuance standing |
Does the 11th Circuit's circuit rules supersede the Federal Rules of Appellate Procedures, particularly when it results in depriving an individual due… |
| 20-5545 |
Mary Klebba-Shulga v. Jodi Shulga |
Illinois |
2020-08-31 |
Denied |
IFP |
civil-rights constructive-trust divorce divorce-law due-process judicial-discretion pension pension-rights unjust-enrichment workman-compensation |
Do judges have the right to ignore the laws of: The Retirement Equity Act of 1984; a couple's finalized MSA and QDRO; the rules of an established Pens… |
| 20-5533 |
Gayle McNamara v. United States |
First Circuit |
2020-08-27 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-history district-court-error downward-variance judicial-discretion offense-level sentencing-guidelines standard-of-review |
Should the petitioner's appeal be reinstated? |
| 20-5500 |
Valentin Spataru v. Pedro Antonio Suarez, et al. |
Florida |
2020-08-26 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights due-process judicial-discretion judicial-misconduct legal-ethics pro-se-litigation procedural-rules professional-responsibility standing |
Whether Florida judges may disregard my filings and prior cases, and may not exercise the standard of care requested by law and expected from professi… |
| 20-5502 |
Kareem K. Kirk, Sr. v. Janet Richardson, et al. |
Florida |
2020-08-26 |
Denied |
Relisted (2)IFP |
appellate-procedure civil-rights constitutional-interpretation district-court-review due-process judicial-bias judicial-competence judicial-discretion judicial-duties motion-for-rehearing unelaborated-decision |
MAINTAIN PROFESSIONAL COMPETENCE IN IT, AND PERFORM JUDICIAL DUTIES WITHOUT BIAS, OR PREJUDICE |
| 20-5469 |
Alfonzo Traymayne Lee v. United States |
Eighth Circuit |
2020-08-24 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights discretion due-process equal-protection first-step-act judicial-discretion sentencing sentencing-reduction statutory-interpretation |
Whether giving the District court discretion to grant or deny a sentencing reduction pursuant to the First Step Act of 2018 violates the Petitioner's … |
| 20-5452 |
Judy Thorpe v. Justin Swidler, et al. |
New Jersey |
2020-08-21 |
Denied |
IFP |
appellate-division appellate-review certification-denial civil-procedure due-process judicial-discretion judicial-review manifest-error prejudice supreme-court-of-new-jersey trial-court |
Whether it was manifest error and significantly prejudicial for the Supreme Court of New Jersey to Deny Certification and Not Fairly and Equitably Rev… |
| 20-5424 |
Alfred Lee Hanzy, Jr. v. United States |
Fourth Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
appellate-review criminal-sentencing federal-sentencing fourth-circuit gall-precedent gall-v-united-states judicial-discretion procedural-reasonableness sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the Fourth Circuit's decision is in conflict with the Court's decision in Gall v. United States, 552 U.S. 38 (2007) |
| 20-5433 |
Gregory Wind v. United States |
Fifth Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
appellate-deference circuit-split deference district-court federal-courts-of-appeals federal-sentencing judicial-discretion sentencing sentencing-review standard-of-review substantive-reasonableness |
Did the district court impose a substantively unreasonable sentence upon Mr. Wind? |
| 20-5413 |
Josiah English v. Jo Lynn Gentry, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2020-08-19 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation criminal-procedure due-process equal-protection federal-court federal-courts judicial-discretion standing state-courts |
Did the Arizona Supreme court err by denying Father Fesigh English TIL's Petition for Review and request for a stay of proceedings, despite the fact t… |
| 20-5418 |
Danny Veloz, aka Maestro, aka Joil Rivera v. United States |
First Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence evidence-review franks-hearing franks-v-delaware judicial-discretion probable-cause search-and-seizure search-warrant |
Whose evidence can a trial judge consider in making a Franks showing? |
| 20-5386 |
Leon Hawkins v. Donnie Morgan, Warden |
Sixth Circuit |
2020-08-18 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process judicial-discretion merger ohio-law sentencing sentencing-merger |
Does Ohio violate petitioner's constitutional right to be sentenced for sentences that merged (yet) the court sentenced separate sentences for the sam… |
| 20-5380 |
Antonio Deshawn Pitt v. United States |
Fourth Circuit |
2020-08-17 |
Denied |
Response WaivedIFP |
bank-robbery criminal-procedure criminal-sentencing cruel-and-unusual-punishment due-process judicial-discretion mental-health proportionality proportionality-principle sentencing-guidelines statutory-interpretation |
Whether a district court's statutory obligation to consider the 'history and circumstances' of a criminal defendant and to refrain from imposing a sen… |
| 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… |
| 20-5361 |
Luis Torres-Marquez v. United States |
Ninth Circuit |
2020-08-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-sentencing discretion gall-v-united-states judicial-discretion presumption-of-reasonableness sentencing-guidelines standard-of-review |
Whether the sentencing court meaningfully exercised its discretion in applying the guidelines |
| 20-5346 |
Jerry Lee Thompson v. United States |
Fifth Circuit |
2020-08-13 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process judicial-discretion plain-error sentencing substance-abuse-treatment supervised-release |
Does a district court commit reversible plain error when it imposes a condition of supervised release requiring the defendant to participate in and pa… |
| 20-143 |
Michael Harrison Lowman, Jr. v. United States |
Fourth Circuit |
2020-08-12 |
Denied |
Response Waived |
appeal-waiver circuit-split criminal-procedure disparate-treatment due-process judicial-discretion sentencing unreliable-facts |
Should an appeal waiver that did not expressly waive a due process challenge be enforced where the sentencing court based its sentence on unreliable f… |
| 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… |
| 20-5291 |
Dexter Leemon Johnson v. John Marlar |
Tenth Circuit |
2020-08-06 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-conflict civil-procedure district-court due-process equal-protection judicial-discretion jurisdiction jurisdictional-requirements medical-treatment standing tenth-circuit warrant-constitutionality |
Whether the Tenth Circuit's failure to satisfy itself of district court's jurisdiction resulted in it exceeding its discretion and jurisdiction |
| 20-5298 |
Rodney A. Smith v. Susan Barker, et al. |
Tenth Circuit |
2020-08-06 |
Denied |
IFP |
abuse-of-discretion appellate-review civil-procedure court-of-appeals de-novo frivolous frivolous-complaint informa-pauperis judicial-discretion standard-of-review |
Whether dismissal of informa pauperis complaint as frivolous is properly reviewed for abuse of discretion and it wass error for court of appeals to re… |
| 20-5282 |
Alla A. Zorikova v. Realvest, Inc. |
Missouri |
2020-08-05 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights due-process fair-trial falsified-facts foreign-corporation judicial-discretion missouri-statutes usurious-interest weight-of-evidence |
Did the Circuit Court deny Petitioner's Constitutional right for fair Trial? |
| 20-5244 |
David Lopez v. United States |
First Circuit |
2020-08-03 |
Denied |
Response WaivedIFP |
application-note base-offense-level criminal-procedure judicial-discretion leadership-enhancement rico rico-violation sentencing sentencing-guidelines statutory-interpretation |
Whether the district court and the First Circuit erred by declining to apply Application Note One as written |
| 20-98 |
Thomas Wood, Individually and as Personal Representative of the Estate of Philip Talmadge Wood v. The Boeing Co. |
District of Columbia |
2020-07-30 |
Denied |
Amici (1)Response Waived |
access-to-courts civil-procedure convenience discretion forum-non-conveniens international-litigation judicial-discretion material-injustice positive-evidence |
Whether dismissal on forum non conveniens grounds is improper as a matter of law unless a district court affirmatively finds, based on 'positive evide… |
| 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… |
| 20-76 |
Ghassan Hage v. Fida Mhanna |
California |
2020-07-27 |
Denied |
|
appellate-review civil-procedure contempt-of-court due-process judicial-discretion judicial-procedure |
Whether the lower court erred in its ruling despite a prior court order |
| 20-5145 |
In Re Charles Talbert |
|
2020-07-22 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial ineffective-assistance-of-counsel judicial-discretion post-conviction-review prosecutorial-misconduct |
Whether the court erred in denying the petitioner's motion for a new trial based on the alleged constitutional violations in the conduct of the trial … |
| 20-5124 |
Allen Fitzgerald Calton v. Texas |
Texas |
2020-07-21 |
Dismissed |
IFP |
appellate-review brady-violation constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion materiality petition-review |
Whether the Texas Court of Criminal Appeals abused its discretion and erred in denying Petitioner's State Application For Writ Of Habeas Corpus on the… |
| 20-44 |
In Re David A. Golden |
|
2020-07-17 |
Denied |
Response WaivedRelisted (2) |
abuse-of-process civil-procedure civil-rights constitutional-challenge due-process false-claims-act free-speech judicial-discretion rule-of-law standing |
Whether the 9th Circuit and Western Washington District Court have abused their discretion |
| 20-5098 |
Mikhail Tsukerman v. Western Community Unit School District No. 12 |
Seventh Circuit |
2020-07-17 |
Denied |
IFP |
abuse-of-discretion case-dismissal circuit-split civil-procedure due-process federal-rules judicial-discretion procedural-uniformity res-judicata standing uniformity-of-opinion |
Whether courts should protect plaintiffs from paying defendants' expenses from previously dismissed actions |
| 20-5053 |
Deandre Lornell Brown v. United States |
Ninth Circuit |
2020-07-15 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-review criminal-sentencing departure judicial-discretion presumptively-reasonable procedural-error sentencing-guidelines variance variance-standard |
Whether the district court's decision when imposing sentence improperly treated the sentencing guidelines |
| 19-8923 |
Bryant Okeff Leggett v. United States |
Sixth Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure drug-activity drug-house evidence judicial-discretion sentencing-enhancement sentencing-guidelines trial-court-error |
Whether the district court improperly applied a two-level enhancement for maintaining a drug house where there was no evidence that the defendant's pr… |
| 19-8912 |
Giezi Arce-Calderon v. United States |
First Circuit |
2020-07-07 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing due-process guideline-range guideline-sentence judicial-discretion plea-agreement plea-bargaining sentencing sentencing-guidelines substantive-reasonableness |
Whether the sentence imposed on Mr. Arce is substantively unreasonable |
| 19-8842 |
Angel Prado v. United States |
Third Circuit |
2020-07-02 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-provisions constitutional-review criminal-procedure due-process judicial-discretion jurisdiction search-and-seizure sentencing-standards speedy-trial |
Question not identified |
| 19-8883 |
Nathan E. Gundy v. United States |
Eleventh Circuit |
2020-07-02 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-law criminal-procedure criminal-prosecution due-process eighth-amendment fair-trial judicial-discretion standing trial-rights |
Whether the 8th Amendment of the United States Constitution bars are guaranteed to a fair trial in all criminal prosecutions or just when a judge deem… |
| 19-1453 |
Michigan v. Gerald Raynard Fuller |
Michigan |
2020-07-02 |
Denied |
|
acquittal acquittal-consideration acquitted-conduct conflict-of-authority criminal-procedure due-process federal-circuits judicial-discretion preponderance-of-evidence sentencing sentencing-guidelines sentencing-standards state-courts |
Should this Court grant certiorari to settle the conflict of authority between state courts and the federal circuits, and among state courts themselve… |
| 19-8877 |
Patrick D. Lomas v. United States |
Fifth Circuit |
2020-07-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure discretion fair-sentencing-act first-step-act judicial-discretion section-404 sentencing sentencing-reduction statutory-interpretation |
Did the District Court abuse its discretion in denying Petitioner's motion for sentence reduction under the First Step Act and Fair Sentencing Act? |
| 19-8868 |
Rodrecas Tims v. United States |
Fifth Circuit |
2020-06-30 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing federal-sentencing judicial-discretion prison-sentence reasonableness-review sentencing-discretion sentencing-factors sentencing-guidelines sentencing-range sentencing-reasonableness |
Whether the district court ordered an unreasonable 108-month prison sentence under the facts of this case, and under the recommended Sentencing Guidel… |
| 19-8830 |
Justin Michael Oxendine v. United States |
Fourth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-court criminal-procedure due-process federal-sentencing federal-sentencing-guidelines judicial-discretion legal-standard sentencing sentencing-guidelines upward-variance |
Whether the district court abused its discretion by varying upward |
| 19-8840 |
Darnell Cooper v. Wexford Health Sources, Inc., et al. |
Seventh Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
appellate-procedure civil-rights due-process equal-protection filing-fees in-forma-pauperis judicial-discretion partial-filing-fee prison-litigation-reform-act standing |
Whether the petitioner was denied due process and equal protection by being required to pay a partial filing fee to appeal his civil rights case, when… |
| 19-1421 |
Michael Wilford LaFlamme v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-06-25 |
Denied |
Relisted (2) |
6th-amendment bias constitutional-rights criminal-procedure due-process evidence evidence-admission expert-testimony judicial-discretion jury-selection jury-selection-bias law-enforcement law-enforcement-bias trial-procedure voir-dire |
Was Petitioner Prejudiced When Several Prospective Jurors Withheld Crucial Information Pertaining To Employment As Law Enforcement When Asked During V… |
| 19-8762 |
Percy St. George v. Kevin Ransom, Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2020-06-22 |
Denied |
IFP |
circuit-court-review civil-rights due-process equitable-tolling extraordinary-circumstances habeas-corpus judicial-discretion procedural-timeliness statute-of-limitations statutory-interpretation |
whether-reasonable-jurist-could-debate-third-circuit-court-of-appeals-adoption |
| 19-8771 |
Michael A. Risenhoover v. William Muniz, Warden |
Ninth Circuit |
2020-06-22 |
Denied |
Response WaivedRelisted (2)IFP |
28-years-to-life criminal-procedure due-process first-degree-murder first-time-offender judicial-discretion murder prior-criminal-history proportionality public-message sentencing sentencing-guidelines |
Does sentencing a first-time offender who has no prior criminal history to 28 years to life send a dangerous message to the public and future offender… |
| 19-8744 |
April Castro v. United States |
Fifth Circuit |
2020-06-18 |
Denied |
Response WaivedIFP |
criminal-sentencing dissimilar-activities fraud-calculation fraud-offenses intended-loss judicial-discretion loss-amounts loss-determination sentencing-guidelines stolen-checks |
Where a person is convicted of fraud offenses arising from conduct consisting of two similar, yet distinct types of fraudulent activities that resulte… |
| 19-8724 |
Michael Garry v. Trane Company |
Wisconsin |
2020-06-17 |
Denied |
Relisted (2)IFP |
appellate-procedure court-procedure evidence-review federal-rules-of-appellate-procedure judicial-discretion judicial-procedures mandate-rules mootness newly-discovered-evidence procedural-error structural-error |
whether-the-wisconsin-supreme-court-contravened-appellate-procedure |
| 19-8726 |
Terrance D. Goodman v. United States |
Eleventh Circuit |
2020-06-17 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability circuit-court-standards civil-procedure civil-rights constitutional-review due-process eleventh-circuit holmes-v-united-states judicial-discretion standing |
Was the Eleventh Circuit overruled its own precedent of Holmes v. United States, 657 F.2d 1545 (11th Cir. 1981) by assuming an order that conflicts wi… |
| 19-8731 |
Edson Gelin v. United States |
Eleventh Circuit |
2020-06-17 |
Denied |
Response WaivedIFP |
buyer-seller criminal-law criminal-procedure evidence-law fair-trial judicial-discretion jury-instruction jury-instructions theory-of-defense |
Whether the defense is entitled to a buyer-seller jury instruction when the instruction is part of the theory of defense and otherwise necessary for a… |
| 19-8732 |
Efrain Leyva Hernandez v. United States |
Ninth Circuit |
2020-06-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion accurate-information criminal-procedure due-process judicial-discretion ninth-circuit record sentencing speculative-inference speculative-inferences |
Does a district court violate a defendant's due process right to be sentenced based on accurate information and abuse its discretion when it imposes a… |
| 19-8686 |
Beverley M. Harris v. The Bozzuto Group, et al. |
Third Circuit |
2020-06-12 |
Denied |
Response WaivedIFP |
case-dismissal civil-procedure civil-rights court-access discovery due-process federal-procedure in-forma-pauperis judicial-discretion procedural-due-process standing |
Whether the Court should resolve the questions for which the Federal District Court rejected/denied Petitioner's evidences and amendments, conducted n… |
| 19-8693 |
Nathan Thomas Trujillo v. United States |
Ninth Circuit |
2020-06-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing district-court-procedure judicial-discretion kimbrough-v-united-states kimbrough-variance policy-grounds sentencing sentencing-guidelines variance |
Whether the district court abused its discretion in sentencing |
| 19-8667 |
Diamante Alfred v. United States |
Ninth Circuit |
2020-06-11 |
Denied |
Response WaivedIFP |
due-process individualized-sentencing judicial-bias judicial-discretion plea-bargaining recusal sentencing supervised-release supervision-violation |
Does a district court fail to appropriately individualize a sentence where the sentence imposed is based on a 'promise' made by the judge, long before… |
| 19-8680 |
Adrian Zitalpopoca-Hernandez v. United States |
Ninth Circuit |
2020-06-11 |
Denied |
Response WaivedIFP |
18-usc-3553 circuit-split comparative-sentencing criminal-sentencing federal-sentencing federal-sentencing-guidelines judicial-discretion sentencing-disparities sentencing-disparity statutory-interpretation |
Whether 18 U.S.C. § 3553(a)(6) requires federal judges to compare a defendant's sentence to the sentences of his codefendants, the sentences of defend… |
| 19-8630 |
Richard Charles Lussy v. Henry Paumie Lussy, et al. |
Ninth Circuit |
2020-06-07 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights due-process free-speech judicial-discretion ministerial-function pro-se standing writ-of-certiorari |
Whether conflicting free speech: superior Ray v. Blair does not' address constitution question allowing to decide for themselves ; opposite: Bell v T… |
| 19-1322 |
Robert L. Vaughn, Jr., aka Judson Vaughn v. William O. Bray, et al. |
Alabama |
2020-05-29 |
Denied |
|
alabama-state-law civil-procedure civil-rights doctrine-of-laches doctrine-of-latches due-process judicial-discretion spiva-v-boyd standing state-law-precedent statute-of-limitations superseding-authority testamentary-capacity undue-influence |
Can a trial court and The Supreme Court of Alabama ignore previous Supreme Court of Alabama decisions that protect plaintiffs in cases of undue influe… |
| 19-8560 |
Ricardo Noble v. Pennsylvania |
Pennsylvania |
2020-05-28 |
Denied |
IFP |
abuse-of-discretion appellate-procedure court-order criminal-procedure due-process judicial-discretion legal-appeal motion-correction self-representation sentencing transcript transcript-error |
did-court-err-and-abuse-discretion-by-erroneously-quashing-as-untimely-petitioner's-pro-se-appeal |
| 19-8543 |
Carl L. Burdick v. United States |
Second Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
18-usc-3553 advisory-guidelines criminal-procedure judicial-discretion plea-agreement rita-v-united-states sentencing sentencing-guidelines sentencing-range united-states-v-booker |
Whether the District Court accorded the advisory sentencing guidelines a presumption of reasonableness |
| 19-8547 |
Joseph D. Blueford v. Timothy Hooper, Warden |
Fifth Circuit |
2020-05-27 |
Denied |
IFP |
appellate-review due-process fair-trial harmless-error impartial-tribunal judicial-discretion jury jury-competence sixth-amendment |
Does a petitioner have the right to a fair-and-impartial-trial when a juror does not hear-or-understand-the-evidence |
| 19-8526 |
Quintez Talley v. Timothy Mazzocca, et al. |
Third Circuit |
2020-05-22 |
Denied |
IFP |
civil-procedure civil-rights failure-to-state-claim judicial-discretion leave-to-amend mail-fraud pro-se-plaintiff racketeer-influenced-and-corrupt-organizations-act screening-phase standing supplemental-jurisdiction wire-fraud |
Does the inability to show concrete financial loss deprive a plaintiff of standing when bringing a Racketeer Influenced and Corrupt Organizations (RIC… |
| 19-8504 |
Jose Antonio Garcia v. United States |
Ninth Circuit |
2020-05-20 |
Denied |
Response WaivedIFP |
admission-of-guilt constitutional-law criminal-procedure disposition-agreement due-process judicial-discretion plea-bargaining sentencing supervised-release |
Whether Mr. Garcia's admission to a violation of supervised release violated due process |
| 19-8478 |
John King v. United States |
District of Columbia |
2020-05-15 |
Denied |
Response WaivedIFP |
alleyne-v-united-states criminal-procedure fact-finding judicial-discretion jury-determination jury-fact-finding mcmillan-v-pennsylvania preponderance-of-the-evidence preponderance-standard sentencing sentencing-enhancement united-states-v-watts |
Can a judge rely on facts not found by a jury to enhance a sentence after this Court's decision in United States v. Alleyne, 570 U.S. 99 (2013), where… |
| 19-8468 |
Janice M. Shufford v. United States |
Sixth Circuit |
2020-05-14 |
Denied |
Response WaivedIFP |
conspiracy-charges criminal-history due-process evidence evidentiary-exclusion fair-trial indictment-defects judicial-discretion prosecutorial-misconduct witness-credibility |
Did the court of appeals properly affirm the trial court's prohibition of the defense from adducing evidence of prosecution witnesses' criminal histor… |
| 19-8388 |
Terrence Jamal Williams v. Sherry L. Burt, Warden |
Sixth Circuit |
2020-05-04 |
Denied |
IFP |
constitutional-error courtroom-closure due-process fundamental-fairness fundamental-unfairness ineffective-assistance-counsel ineffective-assistance-of-counsel judicial-discretion sixth-amendment waiver-doctrine weaver-v-massachusetts |
Whether counsel's failure to object to the closure of the courtroom because he did not want to draw attention to his conduct meets the Weaver v Massac… |
| 19-8386 |
David L. Culverhouse v. Texas |
Texas |
2020-05-01 |
Denied |
Relisted (2)IFP |
appeals civil-rights constitutional-law criminal-procedure due-process habeas-corpus ineffective-counsel judicial-discretion standing |
May the Court of Chimie Appeals of Fougs tin consbtutsena lly deny actually anocent Petitioners motion Por leave to Pile original applicatisa For weit… |
| 19-8390 |
Do Kyun Kim v. United States |
Fifth Circuit |
2020-05-01 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-courts judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-1260 |
Andrew Demma v. United States |
Sixth Circuit |
2020-04-30 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
18-usc-3553a appeals-court child-pornography circuit-split discretion gall-v-united-states judicial-discretion kimbrough-v-united-states policy-disagreement sentencing-guidelines substantive-reasonableness |
Whether the discretion recognized under Kimbrough v. United States for a district court to vary based on a policy disagreement applies to the child po… |
| 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 |
| 19-8328 |
Adam Strege v. United States |
First Circuit |
2020-04-22 |
Denied |
Response WaivedIFP |
administrative-remedy civil-procedure discovery due-process forced-medication ineffective-assistance ineffective-assistance-of-counsel judicial-discretion mandamus pro-se standing |
Is it an abuse of discretion for the First Circuit Court to deny mandamus because the District Court could respond but never has? |
| 19-8329 |
Adam Strege v. United States |
First Circuit |
2020-04-22 |
Denied |
Response WaivedIFP |
access-to-courts civil-rights competency constitutional-rights court-access due-process judicial-discretion judicial-review legal-procedure psychiatric-evaluation standing |
Is it unconstitutional that no Article III District Court Judge has been assigned to this case? |
| 19-8327 |
Ikemefula Charles Ibeabuchi v. Mark Brnovich, Attorney General of Arizona, et al. |
Ninth Circuit |
2020-04-21 |
Dismissed |
IFP |
case-processing certificate-of-appealability civil-rights court-of-appeals discretionary-power due-process habeas-corpus judicial-discretion judicial-review jurisdiction legal-procedure standing |
Whether the District Court should have granted a Certificate of Appealability |
| 19-8259 |
Talib Hussain v. Marietta Halal Meat, et al. |
Georgia |
2020-04-15 |
Denied |
IFP |
civil-procedure civil-rights due-process eviction eviction-procedure georgia-statutes judicial-discretion landlord-tenant landlord-tenant-law property-rights |
Due process-of-law-and-public-interest |
| 19-8260 |
Alvin Fulton v. New York |
New York |
2020-04-15 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process ex-post-facto fundamental-miscarriage judicial-discretion post-release-supervision sentencing sentencing-error sex-offenses |
Whether issuance of the writ is agreeable to the usages and principles of law, whether the State of New York Court of Appeals has decided an important… |
| 19-8266 |
James Heard v. Illinois |
Illinois |
2020-04-15 |
Denied |
IFP |
appellate-review circuit-court-procedure constitutional-rights criminal-procedure due-process judicial-discretion pro-se-representation right-to-counsel self-representation trial-court |
Whether the trial court erred in denying Somes Heard's pre-trial motion to proceed pro se |
| 19-8236 |
Iva Brooks v. Aaron Foster |
Illinois |
2020-04-10 |
Denied |
IFP |
child-support civil-procedure civil-rights due-process judicial-discretion parental-rights pro-se procedural-violations standing state-attorney |
What are the issues being raised in the SCOTUS petition for writ of certiorari? |
| 19-8182 |
Edward Paul Moss v. Arizona |
Arizona |
2020-04-03 |
Denied |
IFP |
constitutional-law constitutional-rights conviction-review criminal-procedure due-process grand-jury judicial-discretion sentencing statutory-interpretation |
Whether the presumptive inference under Arizona law for any felony for which the Petitioner was convicted is unconstitutional |
| 19-8132 |
Antoine T. Chest v. Michael P. Bald, Judge, Circuit Court of Illinois, Stephenson County |
Illinois |
2020-03-31 |
Denied |
IFP |
bodily-harm consecutive-sentences criminal-law criminal-sentencing cruel-and-unusual-punishment due-process judicial-discretion legal-ambiguity sentence-enhancement sentencing-interpretation statutory-construction statutory-interpretation |
Whether concurrent sentences are mandated by statute when the petitioner was found to have caused bodily harm, not severe bodily injury |
| 19-8114 |
Brenda White v. Southeast Michigan Surgical Hospital, et al. |
Michigan |
2020-03-27 |
Denied |
IFP |
affidavit-of-merit civil-procedure civil-rights due-process judicial-discretion medical-malpractice race race-discrimination rico rico-claim standing |
Must a court overlook a plaintiff's race in making a decision about her capacity and her right to defend herself against attempted murder by doctors, … |
| 19-8115 |
Brenda R. White v. EDS Care Management, LLC, et al. |
Michigan |
2020-03-27 |
Denied |
Response WaivedIFP |
civil-rights due-process equal-protection judicial-discretion legal-capacity medical-malpractice race-discrimination rico rico-claims standing |
Must a court overlook a plaintiff's race in making a decision about her capacity and her right to defend herself against attempted murder by doctors, … |
| 19-1168 |
Mirek Machala v. Libuse Kral, et al. |
District of Columbia |
2020-03-25 |
Denied |
Response Waived |
abuse-of-discretion civil-procedure due-process equal-protection fourteenth-amendment judicial-discretion procedural-due-process standing summary-judgment |
Whether Petitioner's due process right was violated |
| 19-8091 |
Vernon Wayne Officer v. Washington |
Washington |
2020-03-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-defense due-process fair-trial ineffective-counsel judicial-discretion pro-se-defendant right-to-counsel sixth-amendment trial-procedure |
Whether the denial of the defendant's request for re-appointment of counsel during his jury trial violated his Sixth Amendment right to counsel |
| 19-8102 |
In Re Marquise White |
|
2020-03-24 |
Denied |
IFP |
access-to-courts civil-rights clerk-error court-access court-clerk-error district-court-power due-process judicial-discretion procedural-rules state-statutory-rules statutory-rules |
Does a district court have the power to deny a Petitioner access to the court based on any such state statutory rules of evidence or even procedural r… |
| 19-8055 |
Corey Jones v. United States |
Second Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review constitutional-rights criminal-procedure due-process judicial-discretion judicial-review sentencing supervisory-power |
Whether the Court should exercise its supervisory power to order further consideration of the petitioner's sentence for biting a finger |
| 19-8040 |
Jerry Meas v. Osvaldo Vidal, Superintendent, Souza-Baranowski Correctional Center, et al. |
First Circuit |
2020-03-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability confrontation confrontation-clause credibility criminal-procedure cross-examination due-process evidence habeas-corpus judicial-discretion sixth-amendment sixth-amendment-confrontation witness-credibility |
Whether it is permissible under a criminal defendant's Sixth Amendment right of confrontation for a trial judge to curtail materially relevant cross-e… |
| 19-8026 |
In Re Jonathan A. Hampton |
|
2020-03-18 |
Denied |
IFP |
civil-rights constitutional-rights constitutional-rights-speedy-trial-habeas-corpus-d criminal-law double-jeopardy due-process federal-jurisdiction habeas-corpus judicial-discretion jury-instructions personal-recognizance speedy-trial |
Does the petitioner in a habeas proceeding have an inherent constitutional right to be enlarged upon his personal recognizance in the interest of his … |
| 19-7998 |
Paul Anthony Montanez v. United States |
Fifth Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion reasonableness reasonableness-standard sentencing sentencing-guidelines |
Did the district court impose a plainly unreasonable sentence upon Mr. Montanez? |
| 19-7956 |
Molly Tsai v. Robert Wilkie, Secretary of Veterans Affairs |
First Circuit |
2020-03-13 |
Denied |
Response WaivedIFP |
abuse-of-discretion circuit-court civil-rights comparator-evidence employment-discrimination evidence-exclusion evidentiary-standards judicial-discretion minority-rights probationary-period standard-of-review |
Did the First Circuit Judge err and abuse her discretion in excluding evidence concerning a minority employee terminated during her probationary perio… |
| 19-7973 |
Quincy Chisolm v. Maryland |
Maryland |
2020-03-12 |
Denied |
IFP |
appeal civil-rights conspiracy conviction criminal-procedure due-process first-degree-murder judicial-discretion mitigating-circumstances murder sentencing trial-court-error |
Did the trial Court err in failing to set aside the verdict that a Conviction can the Court of Criminal Appeals to murder? |
| 19-7895 |
David Dwayne Brown v. Florida |
Florida |
2020-03-06 |
Denied |
IFP |
access-to-court-rights appellate-court-orders civil-procedure due-process pro-se-petitions state-appellate-courts access-to-courts appellate-procedure civil-rights constitutional-rights court-order due-process judicial-discretion pro-se pro-se-petitions state-courts |
Whether the constitutional right of access to court is violated when a state appellate court does not issue a show cause order before holding pro se p… |
| 19-7898 |
Richard C. Murphy v. United States |
Third Circuit |
2020-03-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion appeals appellate-review attorney-client attorney-client-relationship civil-procedure civil-rights counsel-ethics due-process judicial-discretion legal-ethics legal-representation procedural-integrity representation standing |
Did the Third Circuit Court of Appeals abuse their discretion by allowing counsel to continue representation after counsel documented his unwillingnes… |
| 19-1088 |
Gerson Irving Fox v. Elissa Miller, Chapter 7 Trustee |
Ninth Circuit |
2020-03-05 |
Denied |
|
admissible-evidence bankruptcy bankruptcy-code bankruptcy-code-section-727(a)(3) civil-procedure competent-evidence debtor-discharge discharge evidentiary-standard judicial-discretion recordkeeping recordkeeping-requirements summary-judgment |
Whether a justification for recordkeeping 'under all of the circumstances,' where supported by competent, admissible evidence, may be weighed and over… |
| 19-7860 |
Robert Rowles v. GEO Group, Inc., et al. |
Eleventh Circuit |
2020-03-04 |
Denied |
IFP |
8th-amendment circuit-court civil-rights cost-cutting deliberate-indifference due-process eighth-amendment inmate inmate-rights judicial-discretion medical-treatment prison standing |
Did the Eleventh Circuit Court of Appeal abuse its discretion in denying relief on the lack of medical diagnosis and treatment |
| 19-7869 |
Raymond David Wilson v. United States |
Fourth Circuit |
2020-03-04 |
Denied |
Response WaivedIFP |
career-offender common-scheme criminal-scheme criminal-sentencing felony-disposition judicial-discretion misdemeanor-conviction misrepresentation-of-felony prior-conviction prior-convictions sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation |
Why Did The District Court Erroneously Classify Mr. Wilson As A Career Offender |
| 19-7876 |
Aaron Richardson v. United States |
Fourth Circuit |
2020-03-04 |
Denied |
Response WaivedIFP |
8th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection judicial-bias judicial-discretion sentencing sentencing-guidelines |
Did an unconstitutional 'objective risk of bias' or 'probability of actual bias on the part of the judge' manifest itself during the sentencing hearin… |
| 19-7853 |
Jaime Monzon-Silva v. United States |
Ninth Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure due-process evidence evidentiary-ruling fugitive judicial-discretion jury-evidence jury-instructions legal-standard trial-procedure |
Did the district court abuse its discretion by permitting a jury to hear evidence that Petitioner believed he was a 'wanted fugitive,' evidence that d… |
| 19-1071 |
Gerald Claude Carlson v. United States |
Ninth Circuit |
2020-02-28 |
Denied |
Response Waived |
circuit-split counsel-of-choice criminal-procedure delay due-process inconvenience judicial-discretion motion-to-terminate right-to-counsel sixth-amendment standard-of-review supervisory-powers |
Whether the Carlson Court's Memorandum Opinion conflicts with other Ninth Circuit opinions |
| 19-7739 |
H. K. V. v. Florida Department of Children and Families, et al. |
Florida |
2020-02-24 |
Denied |
Response WaivedRelisted (2)IFP |
appeals appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-discretion jurisdiction legal-interpretation standing |
Whether the petitioner's constitutional rights were violated when the lower court dismissed the petitioner's claims without proper jurisdiction |
| 19-7740 |
Yolanda Bell v. United States |
Fourth Circuit |
2020-02-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review case-dismissal civil-rights collateral-order disability disability-accommodation disability-rights due-process interlocutory-appeal judicial-discretion judicial-process motion-denial reasonable-accommodation |
Did the Court of Appeals commit legal error and abuse their discretion when denying Petitioner's appeal of the district courts denial of her motions r… |
| 19-7715 |
Alfredo Castillo-Reyes v. Bobbi Grant Ingalls, et al. |
Virginia |
2020-02-20 |
Denied |
IFP |
civil-procedure divorce due-process property standing takings civil-procedure civil-rights court-jurisdiction divorce-proceedings due-process federal-law federal-review judicial-discretion legal-procedure property-rights standing takings |
Whether the Federal Law permit Virginia Supreme Court denied of case because of Circuit Court of Warren County refused of transcription and Order Medi… |
| 19-7719 |
Adam Christopher Sheafe v. United States |
Ninth Circuit |
2020-02-20 |
Denied |
Response WaivedIFP |
circumvent-obligations circumvention criminal-procedure detainer federal-government federal-state-relations federal-transfer habeas-corpus habeas-corpus-ad-prosequendum interstate-agreement-on-detainers judicial-discretion purpose-of-iad state-filed-detainer violate-purpose writ-of-habeas-corpus-ad-prosequendum |
Whether the Interstate Agreement on Detainers applies when the State, in which the federal district sits, filed a detainer and the federal government … |
| 19-7702 |
Douglas Cornell Jackson v. Leah Berean, et al. |
Sixth Circuit |
2020-02-19 |
Denied |
Relisted (2)IFP |
abuse-of-discretion access-to-courts civil-rights civil-rights-retaliation court-access due-process equal-protection indigent-rights judicial-discretion pro-se-litigant pro-se-litigation retaliation retaliation-claims standing |
Whether the U.S. Court of Appeals and U.S. District Court decisions conflict with the formulation describing retaliation claims within the U.S. Circui… |
| 19-1030 |
Karen Bishop v. Palm Beach County, Florida |
Florida |
2020-02-19 |
Denied |
Response Waived |
-animal-seizure -due-process -judicial-discretion -property-rights -statutory-interpretation #NAME? animal-welfare due-process evidence-suppression judicial-discretion property-rights suppressed-evidence vague-definition-of-fitness vagueness |
How can a definition or determination of fitness be assessed when the Florida Statute 828.073(4)(a) provides a vague description of fitness, puts the … |
| 19-7683 |
Marlon Blacher v. California |
California |
2020-02-18 |
Denied |
IFP |
access-to-courts appeal arbitrarily-denied civil-rights due-process federal-remedy habeas-corpus judicial-discretion resentencing standing state-court-proceedings statutory-interpretation |
Whether the arbitrary denial of an evidentiary hearing on a petition for writ of habeas corpus deprives the petitioner of due process |
| 19-997 |
Gary S. Williky v. Securities and Exchange Commission |
Seventh Circuit |
2020-02-10 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review circuit-court civil-penalties discretion guilty-plea guilty-pleas guilty-verdicts judicial-discretion seventh-circuit whistleblower |
Did the Seventh Circuit Court of Appeals err in determining that the Trial Court did not abuse its discretion by awarding 2x civil penalties against W… |
| 19-993 |
Irma Rosas v. Austin Independent School District, et al. |
Fifth Circuit |
2020-02-07 |
Denied |
|
appeal appellate-procedure civil-procedure court-procedure dismissal due-process federal-rules federal-rules-of-appellate-procedure judicial-discretion legal-interpretation motion-to-reopen |
Whether the lower court erred in dismissing petitioner's claims when it denied her motion to reopen her appeal, contrary to Federal Rule of Appellate … |
| 19-7521 |
Elisha Paul Harley v. United States |
Ninth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process evidence evidence-admission free-speech judicial-discretion law-of-case law-of-the-case legal-review magistrate-judge magistrate-procedure racist-comments review standing |
Whether the magistrate judge erred in admitting evidence of racist comments attributed to the petitioner, in violation of the law of the case doctrine |
| 19-7470 |
Agustin Martinez-Lopez v. United States |
Fifth Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
18-usc-3553a appellate-review appellate-standard circuit-split criminal-procedure criminal-sentencing criminal-sentencing,appellate-review,18-usc-3553(a federal-sentencing gall-v-united-states judicial-discretion sentencing sentencing-factors sentencing-review statutory-interpretation substantive-reasonableness |
Can appellate courts reweigh the sentencing factors in 18 U.S.C. § 3553(a) |
| 19-7427 |
Rodolfo Perez-Jimenez v. United States |
Fifth Circuit |
2020-01-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference due-process federal-sentencing judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-7463 |
Terrance A. Burlison v. David R. Ellspermann, Individually and in His Official Capacity as Clerk of Court for Marion County, Florida |
Florida |
2020-01-28 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review attorney-fees civil-procedure civil-rights due-process judicial-discretion legal-procedure sec-1988 statutory-interpretation |
Whether the Florida Court of Appeals for the Fifth District abused its discretion in awarding defendant attorney's fees pursuant to sec. 1988 |
| 19-7404 |
Joseph James Roe v. United States |
Sixth Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process enhancement-factors essential-factor guideline-interpretation guidelines judicial-discretion leadership-role lower-court-guidance sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation ussg-3b1.1(a) |
Whether a district court may impose a sentence enhancement under USSG § 3B1.1(a) for leadership role based on a factor not mentioned in the Sentencing… |
| 19-920 |
Boulder Young, aka Boulder Daniel McManigal v. United States |
Eighth Circuit |
2020-01-23 |
Denied |
Response Waived |
appeal appeal-waiver circuit-split criminal-procedure due-process harmless-error judicial-discretion plea-bargaining plea-hearing sentencing waiver |
Whether the waiver of a right to appeal a judgment of conviction is controlled by the defendant's written waiver or the oral pronouncement of the cour… |
| 19-7374 |
In Re John Wallace |
|
2020-01-22 |
Denied |
Relisted (2)IFP |
abuse-of-discretion appeals civil-procedure court-of-appeals due-process judicial-authority judicial-discretion mandamus procedural-error sanctions standing three-strikes three-strikes-law three-strikes-statute |
whether-magistrate-judge-exceeded-authority-in-issuing-strike |
| 19-7348 |
Raymond Alston, aka Raymond Austin v. New York |
New York |
2020-01-21 |
Denied |
IFP |
appellate-jurisdiction civil-procedure constitutional-review criminal-procedure double-jeopardy due-process grand-jury indictment judicial-discretion malicious-prosecution sentencing-standards standing |
Whether the lower court erred in dismissing the petitioner's claims related to due process, double jeopardy, and malicious prosecution |
| 19-898 |
Kimberly D. Collins v. Gwendolyn Thornton |
Fourth Circuit |
2020-01-21 |
Denied |
Response WaivedRelisted (2) |
circuit-split civil-procedure discretion federal-rules-of-civil-procedure good-cause judicial-discretion service-of-process statute-of-limitations |
Whether a district court has discretion under Federal Rule of Civil Procedure 4(m) to extend the time for service of process absent good cause |
| 19-7331 |
Lavorice Dondrell Cunningham v. United States |
Fifth Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion legal-standard pending-resolution remand sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
What is the appropriate standard for the determination of substantive reasonableness claim? |
| 19-7336 |
Francisco Pena, Jr. v. United States |
Fifth Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-courts federal-judge fifth-amendment judicial-discretion preponderance-of-evidence preponderance-of-the-evidence sentencing sixth-amendment uncharged-conduct |
Do the Fifth and Sixth Amendments prohibit a federal judge from imposing a sentence, based on a defendant's uncharged conduct found by the judge by a … |
| 19-7276 |
Ketut Pujayasa v. United States |
Eleventh Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
appeal appellate-procedure appellate-review civil-procedure civil-procedure-rules due-process judicial-discretion prejudice prisoner prisoner-litigation prisoner-rights pro-se pro-se-litigant rule-4a6 time-limitation timeliness |
Did the district court and appellate court err in concluding that the petitioner's Rule 4(a)(6) motion, which was sent on February 20, 2019, and recei… |
| 19-7298 |
James Lee Bell v. Florida |
Florida |
2020-01-15 |
Denied |
Response WaivedIFP |
apprendi-precedent blakely-rule criminal-procedure due-process judicial-discretion jury jury-trial mandatory-minimum recidivism recidivist-treatment sentencing sentencing-enhancement |
Was the limitation of Almendarez-Torres and the dictates of Apprendi and Blakely violated? |
| 19-7275 |
Cecil Boyett v. New Mexico |
New Mexico |
2020-01-14 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure defense-rights discovery-rules due-process exculpatory-evidence expert-witness fourteenth-amendment habeas-corpus judicial-discretion prosecutorial-misconduct sixth-amendment state-court state-prosecution |
Whether petitioner Boyett's constitutional rights were violated by the Thirteenth Judicial District Court of New Mexico under the Due Process Clause o… |
| 19-7240 |
Damon S. Allen-Bey v. Michigan State Treasurer |
Michigan |
2020-01-10 |
Denied |
IFP |
14th-amendment abuse-of-discretion administrative-rules constitutional-rights due-process judicial-discretion miscarriage-of-justice prisoner-funds restitution standard-of-review |
Whether the trial court violated the defendant's constitutional rights by abusing its discretion in rendering a decision contrary to law, resulting in… |
| 19-861 |
Mark Shumski v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-09 |
Denied |
|
appellate-review certificate-of-appealability circuit-split district-court due-process habeas-corpus judicial-discretion prisoner-rights standard-of-review |
Is a prisoner entitled to a certificate of appealability (COA) on a claim for which other jurists have reached different conclusions from the district… |
| 19-7196 |
Mark D. Zimmerman v. Texas |
Texas |
2020-01-07 |
Denied |
IFP |
access-to-courts asset-forfeiture civil-procedure civil-rights discovery discovery-rights due-process incarceration judicial-discretion legal-resources pro-se standing state-courts supervisory-power |
Whether the lower state court erred in sanctioning the petitioner's departure from the accepted judicial proceedings regarding the decision governing … |
| 19-7135 |
Hye-Young Park v. Charles Secolsky, et al. |
Seventh Circuit |
2019-12-31 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-procedure campus-retaliation civil-procedure civil-rights due-process judicial-discretion pro-se pro-se-litigation retaliation sexual-violence standing statute-of-limitations |
Whether the Seventh Circuit's treatment of pro se litigants was correct |
| 19-7105 |
Miguel Jilberto Vazquez-Chavarria v. United States |
Fifth Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
18-usc-3553a abuse-of-discretion appellate-review criminal-sentencing due-process judicial-discretion remand sentencing-factors sentencing-guidelines sentencing-review statutory-interpretation substantive-reasonableness |
whether-substantive-reasonableness-review-requires-or-permits-the-courts-of-appeals-to-reweigh-the-18-usc-3553a-factors |
| 19-7107 |
Joseph Thor Perkins v. United States |
Eighth Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
18-usc-3553a 3553(a)-factors abuse-of-discretion booker-v-united-states criminal-sentencing downward-variance federal-sentencing-procedure gall-v-united-states judicial-discretion sentencing-discretion sentencing-guidelines statutory-interpretation |
Whether a sentencing court can abuse its discretion by not varying downward further |
| 19-7059 |
John Kenneth Schiefer v. United States |
Ninth Circuit |
2019-12-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-law criminal-procedure district-court due-process judicial-discretion legal-reasoning plain-error procedural-error respect-for-law sentencing sentencing-guidelines sentencing-procedure |
Did the district court plainly procedurally err when it selected and imposed sentence based on its desire to promote the defendant's respect for the l… |
| 19-7029 |
In Re Paul Fahring |
|
2019-12-20 |
Denied |
IFP |
access-to-courts civil-rights constitutional-claims due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion prison-law-library prison-litigation pro-se-litigation right-to-counsel standing |
Whether an inmate has access to the state courts to address his constitutional issues in a guaranteed proceeding |
| 19-791 |
Anderson Law Offices, et al. v. Common Benefit Fee and Cost Committee |
Fourth Circuit |
2019-12-20 |
Denied |
|
appeal-rights appeal-waiver appellate-review civil-procedure common-benefit-fund court-review due-process equitable-relief federal-courts federal-jurisdiction federal-procedure judicial-discretion judicial-responsibilities standing waiver |
Whether federal courts can require waiver of appeal rights as a condition for receiving an award |
| 19-786 |
Willie Kipyego Butia v. Virginia |
Virginia |
2019-12-19 |
Denied |
Response Waived |
constitutional-law constitutional-rights criminal-law criminal-procedure due-process fair-trial judicial-discretion jury jury-instructions statutory-interpretation |
Is due process violated where the trial judge instructs the jury using words not found in the statute and in such a way that clearly expands the statu… |
| 19-6982 |
Ernest Collins v. Barnes & Thornburg LLP, et al. |
Seventh Circuit |
2019-12-17 |
Denied |
Relisted (2)IFP |
1983-civil-rights-act case-review civil-procedure civil-rights due-process eighth-amendment excessive-fines federal-procedure fourteenth-amendment incorporation judicial-discretion qualified-immunity section-1691 standing statutory-interpretation |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states under the Fourteenth Amendment's Due Process Clause |
| 19-6920 |
Courtney Omar Boyd v. United States |
Fourth Circuit |
2019-12-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-law constitutional-rights criminal-procedure due-process first-step-act judicial-discretion motion-denial sentencing statutory-interpretation |
Whether the lower court abused its discretion and violated Mr. Boyd's constitutional due process rights when it denied Boyd's First Step Act motion? |
| 19-6903 |
Alvin R. Barney, II v. Escambia County, Florida, et al. |
Eleventh Circuit |
2019-12-11 |
Denied |
Response WaivedIFP |
appellate-procedure civil-procedure failure-to-prosecute final-judgment judicial-discretion jurisdiction notice-of-appeal premature-appeal sanction sanctions subject-matter-jurisdiction |
Whether the Eleventh Circuit had the authority or subject matter jurisdiction to dismiss a premature notice of appeal as a sanction for failure to pro… |
| 19-739 |
Julius Barbour, et al. v. Halliburton Company, et al. |
Fifth Circuit |
2019-12-11 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
civil-rights class-action class-action-settlement-notice class-action-settlement-notice,due-process,hisen-v class-member-compensation compensation due-process hisen-v-carlisle-jacquelin judicial-discretion notice notice-requirement post-settlement-requirements procedural-fairness procedural-order settlement settlement-procedure |
Whether class members received constitutionally adequate notice under Hisen v. Carlisle & Jacquelin |
| 19-6855 |
Jose Luis Morales v. G. D. Lewis, et al. |
Ninth Circuit |
2019-12-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-interpretation due-process equal-protection federal-courts judicial-discretion res-judicata supreme-court supreme-court-directives |
Is it an abuse of discretion when the federal courts do not follow directives from the United States Supreme Court on how to apply res-judicata? |
| 19-6874 |
In Re Stephen Daniel Leonard |
|
2019-12-06 |
Dismissed |
Response WaivedRelisted (2)IFP |
28-usc-1915 abuse-of-discretion appellate-procedure circuit-court-jurisdiction civil-rights due-process federal-rules-of-appellate-procedure in-forma-pauperis judicial-discretion judicial-power pro-se-litigation standing three-strikes three-strikes-provision |
Whether the Eleventh Circuit abused its discretion in refusing to file the petitioner's motion for leave to proceed in forma pauperis on appeal |
| 19-6881 |
April Torres v. United States |
Fifth Circuit |
2019-12-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion parole probation reasonableness revocation sentencing supervised-release |
Did the district court impose a plainly unreasonable revocation sentence upon Ms. Torres? |
| 19-6882 |
Zackary Ikaika Bryton Thompson v. United States |
Fifth Circuit |
2019-12-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference due-process judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-6803 |
Carmieshra Gorman v. Regina Cole |
California |
2019-12-03 |
Denied |
IFP |
civil-procedure civil-rights constitutional-authority due-process insurance-law insurance-regulation intentional-tort judicial-discretion standing state-regulation takings |
Does the Court Exceed Constitutional Authority in Defending the State's Regulation of Insurance vis a vis the Court's Predatory Treatment of Personal … |
| 19-6741 |
Jose Joaquin Ramirez v. Jeffrey C. Bloom, et al. |
Second Circuit |
2019-11-27 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction incompetence incompetency incompetency-determination judicial-discretion mental-health section-1983 standing state-action title-42-usc-1983 |
Is a Governmental Paid - Governmental Mandated Lawyer that is forced upon an individual against will without consent acting as a Governmental Agent? |
| 19-666 |
Jenn-Ching Luo v. Lowe's Home Centers, LLC, et al. |
Pennsylvania |
2019-11-25 |
Denied |
Response Waived |
appellate-review civil-procedure dismissal due-process judicial-discretion opportunity-to-cure rule-compliance |
Whether Pennsylvania Superior Court can dismiss Petitioner's appeal based on disagreement over the number of argument points, non-compliance with inap… |
| 19-6742 |
Jorge Prieto v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Florida |
2019-11-25 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process finality judicial-discretion jurisdiction sentencing subject-matter-jurisdiction trial-court |
Did the state trial court have jurisdiction to vacate petitioner's sentence and re-impose a life sentence, violating double jeopardy? |
| 19-6729 |
Cedric Gray v. United States |
Eleventh Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance-of-counsel judicial-discretion legal-standard mental-competency miranda-rights procedural-error sentencing suppression-hearing trial-rights |
Can my motion to suppress be denied even after I invoked my right to remain silent? |
| 19-659 |
Miladis Salgado v. United States |
Eleventh Circuit |
2019-11-21 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (2) |
28-usc-2465 abuse-of-discretion civil-forfeiture claimant court-dismissal dismissal dismissal-without-prejudice federal-procedure judicial-discretion legal-prevailing-party prevail prevailing-party statutory-interpretation without-prejudice |
When does a civil forfeiture claimant 'substantially prevail' under 28 U.S.C. § 2465(b)(1)? |
| 19-6712 |
Adam Scott Caward v. United States |
Ninth Circuit |
2019-11-21 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-waiver circuit-split civil-procedure criminal-procedure due-process judicial-discretion legal-interpretation miscarriage-of-justice sentencing standing |
Whether the Court should adopt the rule espoused in the First, Third, Fourth, Tenth, and D.C. Circuits, which hold that an appellate court can decline… |
| 19-6692 |
Kenneth Robert Simpson v. United States |
Eighth Circuit |
2019-11-20 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-rights double-jeopardy due-process fifth-amendment habeas-corpus judicial-discretion parole revocation sentencing-guidelines statutory-construction supervised-release |
Whether the revocation of supervised release and imposition of additional imprisonment for a violation of the conditions of supervised release violate… |
| 19-6670 |
Michael Bridge v. United States |
Ninth Circuit |
2019-11-19 |
Denied |
IFP |
28-usc-2255 appellate-procedure brief-formatting career-offender constitutional-rights due-process johnson-v-united-states judicial-discretion mandatory-guidelines procedural-fairness residual-clause sentencing-guidelines timeliness Whether Pennsylvania Superior Court can dismiss an |
Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the pre-Booker car… |
| 19-6650 |
Fidel Rios, Jr. v. United States |
Eighth Circuit |
2019-11-15 |
Denied |
Response WaivedIFP |
18-usc-3553a 8th-circuit criminal-procedure criminal-sentencing district-court downward-variance guidelines judicial-discretion life-circumstances sentencing sentencing-factors sentencing-guidelines u-s-code |
Whether the 8th Circuit Court of Appeals and District Court for the Southern District of Iowa failed to adequately consider the sentencing factors set… |
| 19-6637 |
Gregory Cooper v. Katy Poole, et al. |
Fourth Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment civil-rights constitutional-rights counsel criminal-procedure cruel-and-unusual-punishment due-process effective-counsel judicial-discretion right-to-counsel self-incrimination sixth-amendment subject-matter-jurisdiction takings |
Whether the 5th Amendment to the U.S. Constitution provides for due process when the State compels a defendant to testify against himself by threat of… |
| 19-6612 |
Jerome Small v. Pennsylvania |
Pennsylvania |
2019-11-13 |
Denied |
Response WaivedIFP |
abuse-of-discretion brady-claim constitutional-procedure due-diligence judicial-discretion pcra-court-discretion plea-agreement prosecutorial-disclosure prosecutorial-misconduct timeliness |
Is there four (4) prongs to establishing a Brady claim? |
| 19-6622 |
Helene Tonique Williams v. Toni Preckwinkle, et al. |
Seventh Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-review due-process federal-jurisdiction free-speech judicial-discretion patent procedural-dismissal standing state-court-procedure takings |
Whether the District Court erred in dismissing the case against Pliner Porgue A Mhams, et al. |
| 19-6564 |
In Re Wei Zhou |
|
2019-11-08 |
Dismissed |
Relisted (2)IFP |
28-usc-1331 28-usc-1332 civil-procedure constitution constitutional-interpretation federal-courts judicial-discretion judicial-jurisdiction judicial-power judicial-proceedings jurisdiction-decline legal-interpretation mandamus statutory-interpretation statutory-jurisdiction |
Does the Constitution of the United States permit any court of the United States to decline the exercise of jurisdiction given by any law of the Unite… |
| 19-6568 |
Kenisha S. Boyd v. Texas Department of Criminal Justice |
Fifth Circuit |
2019-11-08 |
Denied |
IFP |
acceptance attorney-authority bona-fide-settlement conflict-of-interest contingent-contract contract-formation contract-rejection judicial-discretion mediation mediation-procedure rejection settlement-agreement |
Whether a bona fide settlement between the parties exists when the agreement is contingent in nature, and one party has the right to reject the offer … |
| 19-6537 |
Christopher Everson v. Theresa Lantz, et al. |
Second Circuit |
2019-11-07 |
Denied |
Relisted (2)IFP |
abuse-of-discretion civil-procedure civil-rights due-process federal-rules final-judgment frivolous frivolous-standard hearing judicial-discretion prima-facie-case rule-60-motion rule-60(b)(6) standing |
Can the frivolous standard of Title 28 U.S. Code section 1915 (e) (2) (B) (i) and (ii) be applied to a subsequent appeal of a decision on a motion for… |
| 19-6553 |
Vicki Corona v. City of Los Angeles, California, et al. |
Ninth Circuit |
2019-11-07 |
Denied |
IFP |
abuse-of-discretion civil-procedure civil-rights constitutional-rights court-filing deprivation-of-rights due-process filing-procedures in-forma-pauperis judicial-conduct judicial-discretion judicial-misconduct Question not identified. standing takings |
Whether the Mayor of Los Angeles and California courts have unlawfully and unethically ignored Supreme Court precedent and higher court rulings |
| 19-6555 |
Courtney Johnson v. United States |
Third Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
ability-to-pay appointed-counsel criminal-procedure due-process fine-imposition fines indigent-defendant judicial-discretion sentencing statutory-interpretation |
Whether a district court errs by imposing a fine upon an indigent defendant, represented by appointed counsel, without making any inquiry into the def… |
| 19-600 |
Jon Krakauer v. Clayton T. Christian, Montana Commissioner of Higher Education |
Montana |
2019-11-07 |
Denied |
Amici (1) |
civil-rights due-process ferpa free-speech gonzaga-v-doe higher-education judicial-discretion privacy privacy-rights public-interest public-records student-privacy student-records university-athlete |
Does FERPA confer an individual right to privacy sufficient to block a court from ordering the release of personally identifiable information about a … |
| 19-6497 |
David Morillo-Cruz v. United States |
Third Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasonableness sentencing sentencing-guidelines |
Whether the sentence imposed by the Court was reasonable? |
| 19-6532 |
Pedro J. Amaro v. Hector Balderas, Attorney General of New Mexico, et al. |
Tenth Circuit |
2019-11-06 |
Denied |
Relisted (2)IFP |
civil-rights class-action constitutional-claims due-process equal-protection grand-jury habeas-corpus judicial-discretion jurisdiction procedural-grounds |
Whether the lower courts prejudicially abused their discretion in denying both COA and the Rehearing request to review the district court's summary di… |
| 19-6485 |
Ryan Van Stevenson v. United States |
Sixth Circuit |
2019-11-05 |
Denied |
Response WaivedIFP |
appellate-waiver criminal-procedure discretion due-process due-process,appellate-waiver,abuse-of-discretion,s evidence-standard extrinsic-evidence judicial-discretion preponderance-of-the-evidence sentencing-enhancement |
Did the Court abuse its discretion when it enforced an appellate waiver on an issue that was outside the scope of the appellate waiver's provisions? |
| 19-6460 |
Daniel Paul Copple v. Pelicia Hall, Commissioner, Mississippi Department of Corrections |
Fifth Circuit |
2019-10-31 |
Denied |
Response WaivedIFP |
constitutional-standards discovery discovery-limitations dismissal-standards due-process evidence-preservation evidentiary-hearing habeas-corpus institutional-mental-health-records judicial-discretion mental-competency pro-se-defendant state-records |
Whether a defendant claiming mental incompetency should have the state court records reviewed prior to denying equitable tolling |
| 19-6437 |
Lee E. Peyton v. California |
California |
2019-10-31 |
Denied |
IFP |
confrontation-clause courtroom-protocol criminal-procedure due-process due-process-clause farretta-v-california fourteenth-amendment judicial-discretion pro-se pro-se-representation sixth-amendment |
Whether the Sixth and Fourteenth Amendments permit a trial court to deny a defendant's request to proceed pro se based on the judge's accusations of t… |
| 19-6458 |
Torrence E. Davis v. Arizona |
Arizona |
2019-10-31 |
Denied |
Response WaivedIFP |
conditional-demand constitutional-rights criminal-procedure equivocal-invocation equivocal-request faretta-right faretta-v-california judicial-discretion new-counsel pro-per right-to-counsel self-representation self-representation-right trial-court-advisement waiver-of-counsel |
Whether a conditional request to proceed pro per is automatically equivocal |
| 19-6421 |
Ralph Herman Fox, Jr. v. United States |
Eleventh Circuit |
2019-10-30 |
Denied |
Response WaivedIFP |
due-process fairness government-misconduct judicial-discretion plea-agreement plea-bargaining public-policy sentencing statutory-maximum supervisory-powers |
Whether the district court violated due process and public policy by imposing the statutory maximum sentence despite the government's plea agreement t… |
| 19-6415 |
Jose Eleuterio Nava v. United States |
Fifth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference district-court due-process judicial-discretion sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-6406 |
Clifford L. Rush v. Nebraska |
Nebraska |
2019-10-28 |
Denied |
IFP |
conflicts-of-interest constitutional-rights counsel-of-choice criminal-procedure due-process judicial-discretion nebraska-supreme-court pro-se pro-se-representation right-to-counsel self-representation sixth-amendment withdrawal-of-counsel |
Whether the Nebraska Supreme Court's denial of the petitioner's right to proceed pro se violated the Sixth Amendment |
| 19-6408 |
Adam Strege v. United States |
First Circuit |
2019-10-28 |
Denied |
Response WaivedIFP |
access-to-courts civil-rights constitutional-rights court-access discovery discovery-motion due-process effective-assistance-of-counsel judicial-discretion mandamus mandamus-request pro-se-representation |
Question not identified |
| 19-6398 |
Aretha Townsend v. National Labor Relations Board |
Eleventh Circuit |
2019-10-25 |
Denied |
Response WaivedIFP |
all-writs-act article-iii case-dismissal civil-procedure civil-rights compliance contempt due-process frivolous judicial-discretion jurisdiction procedural-jurisdiction standing |
Whether District Judge violated Petitioner's due-process rights |
| 19-6316 |
James Matthew Shelton v. United States |
Sixth Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
certificate-of-appealability competency-evaluation competency-to-stand-trial evidentiary-hearing habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion sixth-amendment sixth-circuit |
Whether the lower court erred in denying Shelton's habeas claim alleging ineffective assistance of counsel and abused its discretion in denying him an… |
| 19-6288 |
Ron Christopher Whitley v. United States |
Fourth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a appellate-review criminal-procedure criminal-sentencing drug-case drug-offense drug-offenses judicial-discretion proportionality-review sentencing-departure sentencing-factors sentencing-guidelines |
Whether the 156-month sentence is greater than necessary to comply with the purposes of sentencing under 18 U.S.C. § 3553(a) |
| 19-6252 |
Edinson Herrera Ramirez v. Maryland |
Maryland |
2019-10-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion appellate-review biased-jury criminal-procedure discretion ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-selection legal-standard maryland-court-of-appeals peremptory-challenge peremptory-strike prejudice |
Whether the Maryland court erred in holding that petitioner received ineffective assistance of counsel but failed to prove prejudice |
| 19-6253 |
Adam Strege v. United States |
First Circuit |
2019-10-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-challenge criminal-procedure delegation-of-authority due-process judicial-discretion law-enforcement-discretion mental-competence mental-disease mental-health reasonable-cause sentencing standing vagueness vagueness-doctrine |
Whether 18 USCS 4246, 4248, 4241(d) are unconstitutionally vague for failing to define 'mental disease' and 'reasonable cause' |
| 19-6256 |
Jason Simon v. United States |
Fifth Circuit |
2019-10-11 |
Denied |
Response WaivedIFP |
acquitted-conduct due-process false-accusation habeas-corpus-relief judicial-discretion prejudice presentence-report sentencing sentencing-enhancement standard-of-proof statutory-maximum uncharged-conduct |
Did the lower courts err by relying on a false accusation listed in the PSR, that was verified as false, as the sole basis for not only imposing a sta… |
| 19-6197 |
Donald Steven Reynolds v. United States |
Sixth Circuit |
2019-10-08 |
Denied |
Response WaivedIFP |
§2255-motions circuit-court-procedure civil-procedure civil-rights due-process federal-procedural-rules federal-procedure federal-rules-of-civil-procedure habeas-corpus judicial-discretion jurisdiction local-rule-interpretation local-rules motion-to-strike page-limits statutory-interpretation |
Is the Sixth Circuit's holding in-Martinez v. United States, that the 25 page limit under Local Rule 7.1 applies to §2255 Motions, inconsistant with R… |
| 19-456 |
John Buncich v. United States |
Seventh Circuit |
2019-10-07 |
Denied |
Response Waived |
appellate-review chapman-error credibility credibility-assessment criminal-procedure due-process evidence evidentiary-standard harmless-error judicial-discretion rule-404(b) |
Where there is a finding of Chapman error, does the appellate court err by relying on its own assessment of the credibility of the defendant's testimo… |
| 19-6189 |
Lewis Brown v. United States |
Sixth Circuit |
2019-10-07 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion civil-procedure clear-error due-process judicial-bias judicial-discretion judicial-misconduct pro-se-litigation sixth-circuit standing structural-error |
Did the Sixth Circuit Court of Appeals abuse its discretion when it committed clear error of judgment, by relying on clearly erroneous findings of fac… |
| 19-6141 |
Donnie Ray Jose v. United States |
Ninth Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure discovery-violation discovery-violations due-process judicial-discretion plea-negotiations prejudice prosecutorial-misconduct sanctions trial-strategy |
When a federal prosecutor concedes a serious discovery violation shortly before trial, should the district court's response take into account, among o… |
| 19-6152 |
Marian Papacsi Owens v. Sue Mickens, Warden, et al. |
Eleventh Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-defense criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel judicial-discretion mental-illness right-to-counsel right-to-testify trial-counsel trial-judge trial-procedure |
Whether the trial court's refusal to allow the defendant to testify by narrative violated her right to effective assistance of counsel |
| 19-6105 |
Avram Moshe Perry v. JPMorgan Chase Bank, N.A., et al. |
Ninth Circuit |
2019-10-01 |
Denied |
Response WaivedIFP |
abstention amendment-of-pleadings bankruptcy bankruptcy-procedure civil-procedure civil-rights civil-rights-discrimination due-process equitable-powers federal-jurisdiction judicial-discretion pro-se-plaintiff procedural-due-process standing |
Whether Congress had provided that in an American civilized federal court system a judge can use an unlimited discretion to outrageously discriminate … |
| 19-410 |
In Re Richard J. Fields |
|
2019-09-26 |
Denied |
Relisted (2) |
civil-procedure civil-rights due-process estate-distribution fraud judicial-discretion legal-ethics mental-health probate probate-procedure standing testamentary-capacity will-forgery wills witness-testimony |
Should we ignore a forged initial because our law does not require an initial to make a Will valid? How about people falsifying a will by switching it… |
| 19-6036 |
Arturo Eduardo Dominguez-Calderon v. United States |
Fifth Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
appellate-review courts-of-appeals criminal-procedure criminal-sentencing due-process holguin-hernandez-v-united-states judicial-discretion remand sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review requires or permits the courts of appeals to 'reweigh the sentencing factors' |
| 19-6004 |
Lynn Taylor v. United States District Court for the Northern District of Texas |
Fifth Circuit |
2019-09-20 |
Denied |
IFP |
abuse-of-discretion affidavit civil-procedure court-procedure discovery discovery-violation due-process ineffective-counsel judicial-discretion misconduct prosecutorial-misconduct rule-60-motion standing |
Did the Northern District Court abuse its discretion in not forwarding the full discovery to the Fifth Circuit Court of Appeals? |
| 19-5958 |
Thomas Ritter Helm v. Lisa Lorraine Hauser |
Texas |
2019-09-17 |
Denied |
Response WaivedRelisted (2)IFP |
divorce-decree divorce-decree-amendment-state-laws-disregard-stat federal-regulations federal-regulations-disregard-state-court-systems- judicial-discretion precedent-setting precedent-setting-cases precedent-setting-cases-disregard-state-court-syst property-division qualified-domestic-relations-order qualified-domestic-relations-order-disregard-state texas-court-system |
Whether court systems throughout the United States will be allowed to disregard or ignore federal regulations and precedent setting cases based on act… |
| 19-5982 |
Alcadio Caballero De La Torre v. United States |
Fifth Circuit |
2019-09-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing data-analysis due-process judicial-discretion reasonableness-review sentencing-commission sentencing-data sentencing-guidelines sentencing-reasonableness statistical-analysis |
When, if ever, Sentencing Commission statistical data may be used to evaluate the reasonableness of a defendant's sentence |
| 19-5937 |
Raymond Johnson v. Credit One Bank, et al. |
Maryland |
2019-09-13 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence-admissibility free-speech judicial-discretion patent standing takings trial-procedure |
Whether the lower court erred in dismissing the petitioner's claims |
| 19-5922 |
Pedro Munoz, aka Pedro Munoz Ruiz v. United States |
Fifth Circuit |
2019-09-12 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference district-court federal-courts-of-appeals federal-sentencing judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-5905 |
Ricky Davis v. United States |
Ninth Circuit |
2019-09-11 |
Denied |
IFP |
fairness-integrity federal-sentencing guideline-calculation judicial-discretion procedural-error sentencing-guidelines sentencing-proportionality sentencing-uniformity statutory-maximum substantial-rights uniformity-proportionality USSG-5G1.1(a) |
When this Court held in Rosales-Mireles v. United States, 138 S. Ct. 1897 (2018) that a failure to correctly calculate the guideline range, which anch… |
| 19-5877 |
Damion D. Faulkner v. United States |
Sixth Circuit |
2019-09-09 |
Denied |
Response WaivedIFP |
criminal-sentencing cruel-and-unusual-punishment due-process eighth-amendment judicial-discretion proportionality proportionality-review sentencing sentencing-disparities sentencing-guidelines sentencing-reasonableness sex-offense sex-offenses substantive-due-process |
is-it-substantively-unreasonable-to-impose-an-effective-sentence-of-life |
| 19-5846 |
Joshua Eric Townley v. Texas |
Texas |
2019-09-06 |
Denied |
IFP |
appellate-procedure appellate-review constitutional-law constitutional-principles criminal-procedure double-jeopardy due-process judicial-discretion new-trial sua-sponte supremacy-clause trial-court trial-procedure |
whether a trial judge violates the Supremacy and Double Jeopardy Clauses of the United States Constitution |
| 19-307 |
Stuart A. McKeever v. William P. Barr, Attorney General |
District of Columbia |
2019-09-05 |
Denied |
Amici (1)Relisted (2) |
disclosure district-court-authority grand-jury grand-jury-secrecy historical-significance historically-significant inherent-authority judicial-discretion public-interest rule-6(e) rule-6e |
Whether district courts have inherent authority to release grand jury materials in extraordinary circumstances |
| 19-5823 |
Jason Alston v. Arianna W. Eastman |
Eleventh Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-procedure civil-rights court-of-appeals due-process eleventh-circuit in-forma-pauperis interested-parties judicial-discretion legal-procedure motion-for-leave recusal standing |
Whether United States Court of Appeals for the Eleventh Circuit abuse its discretion in denying petitioner Motion for leave to proceed in forma pauper… |
| 19-5746 |
Howard Griffith v. New York |
New York |
2019-08-30 |
Denied |
Response WaivedIFP |
cause-and-prejudice criminal-procedure due-process federal-review judicial-discretion miscarriage-of-justice post-conviction-relief procedural-default state-appellate-procedures state-appellate-review |
Whether the Supreme Court of the State of New York, Appellate Division/Fourth Department, erred in allowing Defendant/Petitioner to take a direct appe… |
| 19-5717 |
Ronnie C. Brown v. Jeff Macomber, Warden, et al. |
Ninth Circuit |
2019-08-28 |
Denied |
Response WaivedIFP |
civil-procedure due-process equitable-tolling evidentiary-hearing habeas-corpus judicial-discretion mental-capacity mental-illness pro-se pro-se-petition |
Is equitable tolling available for a late-filed pro se habeas petition due to mental illness? |
| 19-5723 |
Melvin Bernard Thompson v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-08-28 |
Denied |
IFP |
Almendarez-Torres Apprendi-v-New-Jersey criminal-procedure criminal-sentencing due-process fourteenth-amendment habeas-corpus judicial-discretion sentencing sentencing-guidelines sixth-amendment stare-decisis |
Can a Florida Law permit a judicial discretion-upward-departure sentence beyond sentencing-guidelines without violating Sixth-Amendment Fourteenth-Ame… |
| 19-5681 |
Raphael Person, Jr. v. United States |
Sixth Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure district-court-discretion due-process federal-courts harmless-error judicial-discretion sentencing sentencing-guidelines |
Whether, when a district court imposes a sentence based on several factors, one of which is improper, the court of appeals should affirm the sentence … |
| 19-237 |
James R. LaFrieda, et ux. v. Nancy A. Gilbert |
Nevada |
2019-08-22 |
Denied |
|
civil-procedure civil-procedure-rule-50-b judicial-discretion judicial-misconduct jury-instructions jury-verdict professional-negligence proximate-cause punitive-damages standard-of-care statutory-interpretation trial-court-fact-finding |
Whether the Nevada Supreme Court erred in disregarding past Supreme Court decisions and declaring a state procedural rule ambiguous |
| 19-5673 |
Dennis Calo v. Annette Chambers-Smith, Director, Ohio Department of Rehabilitation and Correction, et al. |
Ohio |
2019-08-22 |
Denied |
Response WaivedIFP |
administrative-law civil-rights constitutional-violation criminal-sentencing due-process equal-protection fairness-doctrine judicial-discretion judicial-review ohio-constitution parole parole-board standing state-constitution state-courts |
Are Ohio's courts performing a 'front operation to shield Ohio's parole board and department of rehabilitation and correction from exposure for corrup… |
| 19-5683 |
Isaiah Jermale Legall v. United States |
Fourth Circuit |
2019-08-22 |
Denied |
Response WaivedIFP |
appeal appeal-deadline appeals appellate-procedure civil-procedure due-process equitable-tolling federal-rules federal-rules-of-appellate-procedure judicial-discretion standing time-limit |
Whether equitable tolling applies to the time limit to appeal set forth in Federal Rule of Appellate Procedure 4(b)(1)(A) |
| 19-207 |
David Grober, et al. v. Mako Products, Inc. |
Federal Circuit |
2019-08-16 |
Denied |
Response Waived |
burden-of-proof civil-procedure discovery due-process expense-sanctions federal-rules federal-rules-of-civil-procedure judicial-discretion litigation-compliance reasoned-decision rule-37 sanctions |
Whether the mandatory expense sanctions of FRCP Rule 37 can be circumvented by a court ignoring, or reducing them, including to zero, absent the losin… |
| 19-5609 |
Marlin Chin and Patrick E. Lee v. United States |
District of Columbia |
2019-08-16 |
Denied |
Response WaivedIFP |
decades-old-case evidentiary-presumption judicial-discretion missing-evidence motion-for-new-trial new-trial presumption-of-impropriety trial-court-error witness-fees witness-vouchers |
Whether the trial court erred in denying a Motion for New Trial when witness vouchers issued for payment of witness fees in a decades old case could n… |
| 19-5598 |
Wade Hampton Bigelow, aka Ray Ford Gore v. United States |
Fifth Circuit |
2019-08-15 |
Denied |
Response WaivedIFP |
civil-rights competence-to-stand-trial competency constitutional-rights criminal-procedure discrimination due-process ineffective-assistance-of-counsel insanity-defense judicial-discretion mental-competency mental-health mental-health-records psychiatric-evaluation |
Whether the District Court failed to rule consistent with the Insanity Defense Reform Act |
| 19-5576 |
William Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility |
Seventh Circuit |
2019-08-13 |
Denied |
Response WaivedIFP |
abuse-of-discretion boone-county constitutional-rights hearsay hearsay-testimony ineffective-assistance-of-counsel judicial-discretion lafler-v-cooper plea-bargaining prejudice prosecutorial-misconduct right-to-effective-counsel sentencing |
Whether the additional sixty (60) years Taylor received at trial when attorney Allen Lidy failed to communicate the Boone County twenty (20) year plea… |
| 19-5580 |
In Re Sebastian Eccleston |
|
2019-08-13 |
Dismissed |
Response RequestedResponse WaivedIFP |
28-usc-1651 appellate-jurisdiction court-of-appeals extraordinary-circumstances extraordinary-writ federal-prisoner judicial-discretion mandamus post-conviction statutory-interpretation writ-of-mandamus |
Whether the exceptional circumstances of this case warrant the exercise of this Court's discretionary powers to issue a writ of mandamus pursuant to 2… |
| 19-5581 |
William Henry Stephens, Jr. v. United States |
Fourth Circuit |
2019-08-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion knowing-and-intelligent plea-bargaining right-to-counsel right-to-jury-trial voluntariness |
Whether a Court can Rightfully Accept a Defendant's Guilty Plea when Such Plea was Not Made Knowingly and Intelligently |
| 19-5518 |
Muamar A. Sayyed v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-09 |
Denied |
IFP |
§2254 §2254-petition civil-procedure district-court district-court-authority due-process habeas-corpus judicial-discretion motion-correction procedural-error successive-petitions void-judgment |
Does the district court have the authority to dismiss §2254 habeas corpus petition as successive when it was clearly not successive? |
| 19-5540 |
Thomas Edward Wright v. United States |
Fourth Circuit |
2019-08-09 |
Denied |
Response WaivedIFP |
8th-amendment civil-procedure civil-rights constitutional-claims due-process eighth-amendment judicial-discretion sentencing sentencing-guidelines special-assessment standing statutory-interpretation |
Did the Fourth Circuit err in dismissing petitioner's constitutional, statutory, and other legal claims? |
| 19-5550 |
Jackie Duncan v. United States |
Tenth Circuit |
2019-08-09 |
Denied |
Response WaivedIFP |
10th-circuit abuse-of-discretion civil-procedure constitutional-vagueness due-process evidence-admissibility federal-courts federal-jurisdiction federal-rules-of-evidence judicial-discretion procedural-error rule-403 rule-404(b) rule-404b standard-of-review |
Whether the 10th Circuit erred in ruling the Western District of Oklahoma didn't abuse their discretion? |
| 19-5523 |
Manuel Maldonado Aguilar v. United States |
Eighth Circuit |
2019-08-08 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion motion-reconsideration procedural-default procedural-ruling section-2255 standard-of-review successive-petitions |
Was petitioner's initial § 2255 Motion denied on the merit, for not demostrating or proving deficient performance or prejudice? |
| 19-5442 |
Shanta G. Phillips-Berry v. Kenner Police Department, et al. |
Fifth Circuit |
2019-08-06 |
Denied |
IFP |
abuse-of-discretion civil-procedure civil-rights constitutional-due-process due-process evidentiary-requirements fair-trial judicial-discretion jury jury-trial legal-standards standing trial-procedure |
What if district court abused its discretion by not relying on the erroneous legal premise that a citizen(s) of the state of Louisiana and this great … |
| 19-164 |
David Samarripa, et al. v. Gregory Kizziah, Warden, et al. |
Sixth Circuit |
2019-08-05 |
Denied |
Amici (2) |
circuit-split civil-procedure civil-rights court-costs due-process federal-courts filing-fees habeas-corpus in-forma-pauperis judicial-discretion procedural-rules standing statutory-interpretation |
Whether federal courts have the authority to impose partial filing fees on habeas petitioners |
| 19-5447 |
Erbey Botello, aka Erbey Botello-Alanis, aka Javier Garcia v. United States |
Fifth Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights due-process federal-sentencing judicial-discretion plea-hearing plea-revocation reasonableness-of-sentence revocation-hearing sentencing sentencing-review supervisory-powers |
Whether the constitutional right to due process on a plea at a revocation hearing is recognized |
| 19-5448 |
Antolin Torres Abonza v. United States |
Fifth Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing deference due-process federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness substantive-reasonableness-review |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-5412 |
Jean Claude Phillip McKenzie v. United States |
Sixth Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a 6th-circuit appellate-review criminal-procedure criminal-sentencing district-court history-and-characteristics judicial-discretion nature-and-circumstances sentencing sentencing-factors sentencing-guidelines sentencing-variance |
Whether the district court's upward variance in sentencing was proper |
| 19-5364 |
In Re Carl A. Courtright, III |
|
2019-07-26 |
Denied |
Response WaivedIFP |
Abuse-of-discretion access-to-courts civil-procedure civil-rights court-access due-process eighth-amendment excessive-fines first-amendment judicial-discretion pro-se pro-se-litigant sanctions |
Did the Seventh Circuit Court of Appeals abuse its discretion in ordering a $500 sanction against a pro se indigent petitioner? |
| 19-109 |
Giovanni Montijo-Dominguez v. United States |
Tenth Circuit |
2019-07-25 |
Denied |
Amici (2) |
18-usc-3553 circuit-split criminal-sentencing drug-trafficking fact-finding judicial-discretion jury-findings jury-verdict mandatory-minimum preponderance-of-evidence sentencing-discretion standard-of-proof |
Whether a district court's findings of fact under 18 U.S.C. 3553(f) are constrained by the findings of fact implied by the jury's verdict |
| 19-115 |
Frank J. Lawrence, Jr. v. United States District Court for the Western District of Michigan |
Sixth Circuit |
2019-07-24 |
Denied |
Response Waived |
Abuse-of-discretion Admission-to-practice bar-admission constitutional-rights Criticism-of-officials due-process expressive-activities First-Amendment free-speech judicial-discretion judicial-review law-practice-admission sixth-circuit standing uniformity-of-decisions |
Whether the Sixth Circuit's decision conflicts with its own recent declaration that the petitioner is 'duly qualified' to practice law, and whether th… |
| 19-5311 |
Ivaylo Dodev v. Bank of New York Mellon |
Arizona |
2019-07-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review arizona-court-of-appeals arizona-rules-of-civil-procedure civil-procedure civil-procedure,eviction,dismissal,arizona-rules-o criminal-law due-process eviction eviction-proceedings federal-criminal-procedure hobbs-act judicial-discretion rule-41 second-amendment united-states-v-davis voluntary-dismissal Whether Mr. Burke's § 924(c) conviction is invalid |
Whether the Arizona Court of Appeals, Division One abused its discretion by not ruling on the applicability of Rule 41(a)(1) of the Arizona Rules of C… |
| 19-5272 |
Pereneal Kizzee v. United States |
Fifth Circuit |
2019-07-23 |
Denied |
Response WaivedIFP |
criminal-appeals criminal-procedure-error-correction criminal-sentencing federal-appeals federal-law felony-offense fifth-circuit firearm-possession guidelines-enhancement judicial-discretion judicial-integrity plain-error plain-error-review sentencing-guidelines |
Whether the Fifth Circuit violated federal law when it refused to exercise its discretion to correct the forfeited error that seriously affected the f… |
| 19-5223 |
Bobby Minnis v. United States |
Eleventh Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
18-usc-3582 criminal-procedure double-jeopardy due-process ex-parte-communication ex-parte-communications federal-sentencing judicial-discretion sentencing-modification state-sentencing |
Whether a federal district judge can amend a final sentence years later to a defendant's detriment |
| 19-5259 |
Edgar Armand Hernandez-Castillo v. United States |
Fifth Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
18-usc-3553 criminal-procedure due-process federal-sentencing judicial-discretion jury-trial sentencing-determination sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-minimum |
Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is 'not greater than necessary' to achieve… |
| 19-5203 |
In Re Angel Ruiz-Rivera |
|
2019-07-17 |
Dismissed |
IFP |
civil-procedure civil-rights constitutional-amendment debt-issuance due-process federal-law government-debt judicial-authority judicial-discretion legal-interpretation puerto-rico-government referendum standing statutory-interpretation takings |
Is Joint Resolution 87-121 of August 3, 1961 by the U.S. Congress and the amendment to the Constitution of P.R. approved therein and ratified by 82% o… |
| 19-5197 |
Eric T. Roden v. United States |
Ninth Circuit |
2019-07-16 |
Denied |
Response WaivedIFP |
appeal article-iii-judge criminal-defendant criminal-procedure defendant-rights due-process federal-sentencing federal-sentencing-guidelines judicial-discretion ninth-circuit sentencing sentencing-guidelines waiver |
Whether a criminal defendant can ever waive a correctly calculated guidelines range for use at a federal sentencing hearing |
| 19-78 |
John Doe, aka Cheyenne Moody Davis v. United States |
Fourth Circuit |
2019-07-16 |
Denied |
Amici (1)Response Waived |
appellate-review conflict-among-courts constitutional-rights criminal-procedure due-process judicial-discretion jury-instructions reasonable-doubt standard-of-proof trial-court |
Whether a trial court in criminal proceedings must, upon request from the jury, explain the meaning of the 'beyond a reasonable doubt' standard to the… |
| 19-5159 |
Quinetta Grant v. United States |
Fifth Circuit |
2019-07-12 |
Denied |
Response WaivedIFP |
should this Court vacate and remand for reconside was Ms Grant denied her rights under U.S.S.G. § 1 binding-authority criminal-procedure criminal-procedure-plain-error-sentencing-right-to criminal-procedure-supervisory-power-conviction-se due-process judicial-discretion mail-fraud plain-error right-to-be-present sentencing sentencing-guidelines sentencing-guidelines-relevant-conduct-scope-of-cr sentencing-procedure Where Ms Grant's sentence was enhanced by attribut Where multiple additional errors affected petition |
Whether the Court of Appeals erred in failing to consider binding authority on a defendant's right to be present at a material sentencing proceeding |
| 19-5123 |
Richard Parrish v. United States |
Sixth Circuit |
2019-07-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-support gall-v-united-states judicial-discretion legal-reliability reliability sentencing townsend-v-burke united-states-v-tucker united-states-v-watts |
Is resentencing required when a sentencing judge relied on an assumption that both parties agree is without evidentiary support? |
| 19-5125 |
Francisco Gallegos-Lopez v. United States |
Ninth Circuit |
2019-07-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3553a 3553(a)-factors abuse-of-discretion appellate-review circuit-split criminal-procedure judicial-discretion preservation-of-error procedural-error sentencing sentencing-recommendation statutory-factors |
Does urging a sentencing recommendation lower than that ultimately imposed, and grounded in the statutory factors in 18 U.S.C. § 3553(a), suffice to p… |
| 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 … |
| 19-5058 |
In Re Artur Tchibassa |
|
2019-07-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-procedure constitutional-law constitutional-violation extradition habeas-corpus harmless-error judicial-discretion jurisprudence savings-clause statutory-interpretation structural-error |
Whether the lower courts abused their discretion by refusing to apply the Reyes-Requena savings clause jurisprudence |
| 19-5071 |
Erwin Burley v. United States |
Eleventh Circuit |
2019-07-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-court criminal-procedure criminal-sentencing district-court district-court-discretion eleventh-circuit judicial-discretion sentencing-explanation sentencing-factors sentencing-guidelines supervisory-power upward-variance |
Whether this Court should exercise its supervisory power and grant review because the Eleventh Circuit has permitted an upward variance sentence almos… |
| 19-11 |
Lin Rountree v. Nationstar Mortgage, LLC, et al. |
Sixth Circuit |
2019-07-01 |
Denied |
Response Waived |
civil-procedure compliance dismissal district-court judicial-discretion mediation mediation-order motion-for-reconsideration motion-to-dismiss order procedural-error reconsideration standing |
Whether the district court erred in granting respondents' motion to dismiss when the respondents failed to comply with the district court's order to m… |
| 19-5017 |
Shanta Phillips-Berry v. Louisiana, et al. |
Fifth Circuit |
2019-07-01 |
Denied |
Response WaivedIFP |
access-to-courts appeals civil-procedure civil-rights constitutional-rights district-court due-process equal-protection evidence-presentation fair-trial judicial-discretion jurisdiction legal-procedure standing |
Whether the district court abused its discretion in denying the petitioner a fair trial by jury and the opportunity to present evidence against the re… |
| 19-8 |
Jessie D. McDonald v. Federal Communications Commission, et al. |
Sixth Circuit |
2019-07-01 |
Denied |
Response Waived |
civil-procedure due-process judicial-conduct judicial-council judicial-discretion judicial-immunity judicial-jurisdiction judicial-misconduct standing |
Whether the Sixth Circuit Judicial Council have supervisory powers over district court judges? |
| 19-5003 |
Roberto Cruz-Olavarria v. United States |
First Circuit |
2019-06-28 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process heightened-scrutiny judicial-discretion offense-seriousness sentencing sentencing-guidelines sentencing-review statutory-maximum supervised-release |
Whether there is a need for extensive justification and heightened scrutiny when imposing and reviewing sentences at the statutory maximum |
| 18-9791 |
Luis David Moreno-Pena v. United States |
Fifth Circuit |
2019-06-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion appellate-review criminal-procedure due-process judicial-discretion leniency preservation-of-error sentencing-argument sentencing-reasonableness sentencing-review |
Whether challenges to the reasonableness of a sentence rooted in a court's failure to address arguments for leniency must be preserved by specific obj… |
| 18-9831 |
Jacqueline C. Melcher v. John W. Richardson |
Ninth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
bankruptcy-court-orders bankruptcy-fees bankruptcy-objections bankruptcy-orders bankruptcy-procedure bankruptcy-standing bankruptcy-trustee constitutional-rights due-process fees-and-expenses judicial-discretion prudential-standing retroactive-voiding trustee-fees trustee-wrongdoing |
Whether a bankruptcy trustee can retroactively void previous bankruptcy court orders that granted a debtor the right to object to the trustee's fees a… |
| 18-9836 |
Dwight Brown v. United States |
Fourth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
allen-charge coercion coercive-instruction criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-deliberations mistrial verdict-review |
Whether the district court erred or abused its discretion in reversing or rescinding its grant of mistrial |
| 18-1588 |
Norma L. Cooke v. Jackson National Life Insurance Company |
Seventh Circuit |
2019-06-27 |
Denied |
|
appellate-jurisdiction appellate-review civil-procedure civil-procedure-fees civil-rights district-court-award due-process federal-rules-of-procedure federal-rules-procedure fee-award insurance judicial-bias judicial-discretion litigation-conduct sanctions seventh-circuit state-insurance-law state-law unreasonable-litigation-conduct |
Where the district court awarded fees to Petitioner under state insurance law for Respondent's unreasonable litigation conduct, did the Seventh Circui… |
| 18A1365 |
Juaquene Solomon v. United States |
Sixth Circuit |
2019-06-26 |
Presumed Complete |
|
career-offender controlled-substance judicial-discretion plea-agreement sentencing-guidelines sixth-circuit |
Whether a district court's career offender determination under the United States Sentencing Guidelines constitutes an improper judicial enhancement of… |
| 18-9780 |
Christopher Hannigan v. United States |
Fourth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
18-usc-3551 component-parts criminal-procedure federal-rules federal-rules-of-criminal-procedure judgment judgment-parsing judicial-discretion rule-32 sentencing sentencing-rules statutory-interpretation |
Does the language of Rule 32(k) and 18 U.S.C. §3551 allow for the court to parcel the judgment into component parts? |
| 18-9799 |
Benito Rivera v. United States |
First Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process judicial-discretion jury-instruction jury-instructions reasonable-doubt standard-of-proof |
Should certiorari be granted to find that, while a district court need not define reasonable doubt, if it does so, it cannot employ a definition that … |
| 18-9763 |
Stirling Michael Heaton v. United States |
Eighth Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
concurrent-sentences concurrent-sentencing criminal-procedure criminal-sentencing discretion federal-guidelines federal-jurisdiction federal-plea-agreement judicial-discretion modification retroactive-amendment retroactive-guidelines-amendment sentence-concurrency sentencing-guidelines sentencing-modification sentencing-reform-act |
Whether a sentencing court has discretion to adjust a federal sentence to achieve concurrency with another criminal sentence in § 3582(c)(2) proceedin… |
| 18-9742 |
Mikle Anthony Butler v. United States |
Fourth Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-evaluation ineffective-assistance-of-counsel ineffective-counsel judicial-discretion mental-health mental-illness sentencing sentencing-guidelines |
Issues being raised |
| 18-9743 |
Hollins Tizeno v. Gerald Janda, Warden |
Ninth Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
civil-procedure district-court due-process habeas-corpus judicial-discretion legal-procedure procedural-default standing sua-sponte waiver |
Whether a district court may sua sponte raise a waived procedural default defense and, if so, under what circumstances is it appropriate to do so. |
| 18-9729 |
Odell Lameche Overby v. United States |
Fourth Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
18-usc-3553 3553(c) appellate-review criminal-procedure district-court-obligation due-process judicial-discretion judicial-reasoning nonfrivolous-arguments sentencing sentencing-guidelines |
Whether the district court fulfilled its obligation under 18 U.S.C. § 3553(c) to announce the reasons for its sentencing decision |
| 18-9734 |
Hector Dominguez-Gabriel, aka Kinko, aka John Richard Bellefleur v. United States |
Second Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
abuse-of-discretion compassionate-release criminal-procedure criminal-sentencing federal-courts federal-sentencing judicial-discretion sentence-modification sentencing-guidelines sentencing-relief statutory-interpretation |
Whether the lower court(s) abused its discretion when it denied appellant Section 3582(c)(2) relief? |
| 18-9735 |
Carlton Darden v. United States |
Eighth Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
18-usc-3582 criminal-sentencing dillion-v-united-states district-court-authority due-process evidence judicial-discretion judicial-review new-evidence offense-conduct sentencing-guidelines sentencing-modification statutory-interpretation united-states-sentencing-guidelines united-states-v-adams ussg-1b1.10 |
Does 18 USC 3582(c)(2) after Dillion give a district court authority to make additional finding as to offense conduct attributable to a defendant base… |
| 18-9658 |
Eric Daniel Doyle v. United States |
Ninth Circuit |
2019-06-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-sentencing grouping guidelines judicial-discretion legal-calculation procedural-error sentencing sentencing-guidelines statutory-maximum total-punishment |
Whether due process requires the correct calculation of Doyle's Guidelines sentencing range |
| 18-9692 |
Jody Lanardo White v. United States |
Fifth Circuit |
2019-06-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure judicial-discretion plain-error preservation-of-error reasonableness-of-sentence sentencing sentencing-guidelines sentencing-reasonableness standard-of-review |
Whether challenges to the reasonableness of a sentence must be preserved by specific objection? |
| 18-9644 |
Jeffrey Castleberry v. Florida |
Florida |
2019-06-12 |
Denied |
Response WaivedIFP |
ada americans-with-disabilities-act civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process judicial-discretion mental-disabilities mental-disability reasonable-accommodations retroactive-application sentencing state-courts |
Does the Americans with Disabilities Act (ADA) require State trial courts to make reasonable accommodations for persons with mental disabilities? |
| 18-9611 |
Nicholas D. Weir v. United States, et al. |
Second Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review civil-procedure de-novo-analysis de-novo-review factual-allegation frivolous frivolous-claim frivolous-claims judicial-discretion legal-standard standing sua-sponte sua-sponte-dismissal |
How does the lower courts rigorously determine if a factual allegation is baseless or frivolous when there is no argument in fact or law to dispute th… |
| 18A1290 |
Joann Jefferson v. OneWest Bank, FSB |
New Jersey |
2019-06-11 |
Presumed Complete |
|
constitutional-rights extension-of-time foreclosure judicial-discretion pro-se procedural-rules |
Whether a pro se litigant's medical conditions and procedural challenges warrant judicial leniency in reviewing a state court foreclosure judgment |
| 18-9577 |
Jose Pena v. United States |
Second Circuit |
2019-06-07 |
Denied |
Response WaivedIFP |
appeals appellate-review civil-procedure due-process federal-rules-of-civil-procedure judicial-discretion opportunity-to-appeal procedural-remedy relief-from-judgment rule-60(b) standing |
Should this court grant certiorari to determine whether federal civil rule 60(b) may be used to restore the opportunity to appeal? |
| 18-9563 |
Cody Shane Sorrels v. United States |
Fifth Circuit |
2019-06-06 |
Denied |
Response WaivedIFP |
18-usc-3553 criminal-procedure due-process federal-courts federal-sentencing judicial-discretion jury-trial sentencing sentencing-determination sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-interpretation statutory-minimum |
Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is 'not greater than necessary' to achieve… |
| 18-1482 |
Semyya Lanise Cunningham v. United States |
Fourth Circuit |
2019-05-29 |
Denied |
|
circumstantial-guarantees circumstantial-guarantees-of-trustworthiness credibility credibility-of-witnesses district-court district-court-discretion evidence-law evidence-rule-807 federal-rules-of-evidence hearsay-exception hearsay-rule judicial-discretion residual-hearsay-exception rule-807 trustworthiness witness-credibility |
Whether a finding of 'circumstantial guarantees of trustworthiness' may be premised on a district court's belief in the truth of the hearsay statement… |
| 18-1476 |
Randy Lee Carney v. United States |
Fourth Circuit |
2019-05-28 |
Denied |
Response Waived |
alternative-sentence alternative-sentencing appellate-review career-offender circuit-split collateral-consequences criminal-procedure criminal-sentencing district-court-discretion guidelines harmless-error judicial-discretion judicial-error legal-error sentencing sentencing-guidelines sentencing-guidelines-error united-states-v-vonn |
When sentencing defendants, some district courts announce that they would impose the same length of imprisonment even if their conclusions of law and … |
| 18-9401 |
Daniel H. Jones v. Kentucky, et al. |
Sixth Circuit |
2019-05-23 |
Denied |
Relisted (2)IFP |
abuse-of-discretion appellate-jurisdiction appellate-review civil-procedure clearly-erroneous-findings injunctive-relief judicial-discretion jurisdictional-review legal-standards procedural-error sovereign-immunity wrong-legal-standards |
Did the U.S. Sixth Circuit Court of Appeals err in allowing the District Court to abuse its discretion |
| 18-9408 |
Freddie J. Hennington v. United States |
Fifth Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
appeal appellate-procedure appellate-review circuit-court civil-procedure criminal-procedure dismissal due-process federal-jurisdiction judicial-discretion legal-review procedural-error sentencing standing |
Whether the Fifth Circuit erred by dismissing Mr. Hennington's appeal without considering the merits of his arguments |
| 18-9365 |
Jose Antonio Ramirez-Jaramillo v. United States |
Fifth Circuit |
2019-05-22 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rule federal-rules-of-criminal-procedure judicial-discretion plain-error sentencing sentencing-error statutory-interpretation statutory-range substantial-rights |
Whether an error in selecting the defendant's statutory range of imprisonment affects his or her substantial rights within the meaning of Federal Rule… |
| 18-9390 |
Gerald Aranoff v. Susan Aranoff |
New York |
2019-05-22 |
Denied |
Relisted (2)IFP |
civil-divorce civil-procedure civil-procedure-discovery civil-rights court-jurisdiction court-order discovery divorce divorce-proceedings document-access due-process judicial-discretion legal-procedure order-of-separation separation-agreement standing |
Can NYS Kings County Supreme Court Judge Eric I. Prus block me from seeing a critical document? Can Susan's lawyer, Myla Serlin, block me from seeing … |
| 18-9309 |
Valentin Spataru v. Harmony Healing Center |
Florida |
2019-05-17 |
Denied |
IFP |
access-to-justice appellate-rules civil-procedure civil-rights court-procedure due-process judicial-discretion legal-assistance legal-dismissal standing |
Whether a County or State Court may dismiss a complaint without due process |
| 18-9299 |
Frankie Karen Washington v. Deborah Johnson, Warden |
Ninth Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
appellate-review apprendi apprendi-v-new-jersey circuit-split constitutional-review harmless-error judicial-discretion sentencing sentencing-error sixth-amendment statutory-maximum |
Whether Apprendi error at sentencing is harmless based on the entire record or only whether the sentence exceeded the statutory maximum |
| 18-9292 |
Timothy B. Fredrickson v. United States |
Seventh Circuit |
2019-05-15 |
Denied |
Response WaivedIFP |
appeal bail bail-appeal constitutional-rights due-process judicial-discretion mandamus pre-trial-detention pre-trial-release speedy-trial-act statutory-interpretation |
What recourse is available to a defendant, when an appeal and mandamus enforcement of the ministerial and self-executing release on bail provision of … |
| 18-1424 |
Michael N. Thomas v. Raymond Anderson, et al. |
Seventh Circuit |
2019-05-15 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split government-inconvenience habeas-corpus importance-of-testimony inconvenience-to-government inmate-testimony judicial-discretion nonparty-inmate nonparty-witness seventh-circuit trial-procedure trial-testimony witness-testimony writ-of-habeas-corpus |
Whether the Seventh Circuit correctly held that a district court may deny a request for the issuance of a writ of habeas corpus to compel the appearan… |
| 18-9243 |
Chima Edozie Aligwekwe v. United States |
Eleventh Circuit |
2019-05-13 |
Denied |
Response WaivedIFP |
acquittal double-jeopardy due-process judicial-discretion jury-trial restitution sentencing sixth-amendment |
Whether the right to a jury trial as guaranteed by the Sixth Amendment is violated when a district court increases the defendant's prison sentence and… |
| 18-9235 |
Richard McMillan, III v. Florida |
Florida |
2019-05-10 |
Denied |
Response WaivedIFP |
civil-procedure criminal-procedure due-process evidence inconsistent-evidence inconsistent-testimony judicial-discretion motion-for-acquittal motion-for-judgment-of-acquittal petitioner-defense state-evidence trial trial-court trial-court-evidence |
Can the Trial Court forbid Submission of Evidence at trial that supports Petitioner's Defense, when in fact, there's a dispute? |
| 18-1406 |
Kristin Roebuck Bethell v. Bryan Stephens, et al. |
Arizona |
2019-05-08 |
Denied |
Response Waived |
appellate-procedure attorney-client-relationship attorney-ethics attorney-sanctions civil-rights client-advocacy client-representation conflict-of-laws due-process free-speech judicial-discretion judicial-procedure judicial-sanctions legal-ethics legal-ethics-and-professional-responsibility professional-conduct sanctions standing writ-of-certiorari |
Whether counsel Roebuck Bethell's Petition for Writ of Certiorari should be granted after she was sanctioned by the Arizona courts for: (1) believing … |
| 18-9154 |
Jeffrey William Smith v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2019-05-07 |
Denied |
Response WaivedIFP |
civil-procedure-criminal constitutional-rights criminal-case criminal-procedure due-process judicial-discretion jury-instructions life-imprisonment life-sentence mitigating-factors sentencing sentencing-guidelines separation-of-powers statutory-interpretation |
Whether the circuit court erred in failing to correct a defective jury instruction |
| 18-9188 |
Eric Thorton Von Hall v. Brad Cain, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2019-05-07 |
Denied |
Response WaivedIFP |
appellate-court appellate-procedure article-iii article-three constitutional-interpretation due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion mistake-of-law party-presentation party-presentation-principle |
Whether Article III of the Constitution and the party presentation principle foreclose appellate court judges from relying on an argument not presente… |
| 18-9160 |
Radomysl Twardowski v. Bismarck Police Department, et al. |
Eighth Circuit |
2019-05-06 |
Denied |
IFP |
civil-rights due-process jury-trial mental-health right-to-counsel statute-of-limitations civil-commitment civil-rights constitutional-provisions criminal-sentencing defendant-rights due-process judicial-discretion mental-health psychological-treatment right-to-counsel statute-of-limitations |
Whether the civil commitment of a person based solely on a mental health evaluation violates the Due Process Clause of the Fourteenth Amendment |
| 18-9135 |
Joseph Malcomb v. Pennsylvania |
Pennsylvania |
2019-05-03 |
Denied |
IFP |
criminal-procedure criminal-sentencing felony-classification judicial-discretion judicial-review legislative-amendment legislative-changes offense-gravity-score sentence-modification sentencing-reduction statutory-interpretation |
Was the Petitioner entitled to a sentence Modification / Reduction |
| 18-1375 |
Douglas Walter Greene v. Independent Pilots Association, et al. |
Sixth Circuit |
2019-05-02 |
Denied |
|
abuse-of-discretion civil-rights constitutional-rights due-process first-amendment fraud free-speech freedom-of-religion freedom-of-speech judicial-discretion judicial-misconduct jury-trial rule-of-law |
Whether federal district and appellate courts may render decisions abridging First Amendment rights based on overwhelming fraud in the record, while a… |
| 18-1380 |
Thomas P. Gannon v. Riverwatch Condominium Owners' Assn., et al. |
Third Circuit |
2019-05-02 |
Denied |
Response Waived |
28-usc-1927 appeal-procedure appellate-procedure attorney-fees attorney-sanctions civil-procedure dismissal-of-appeal due-process judicial-discretion notice-of-appeal procedural-technicality standing |
Whether an attorney's notice of appeal that identifies the judgment being appealed but does not specify the attorney as the party taking the appeal sh… |
| 18-9038 |
Scott Peters v. Illinois |
Illinois |
2019-05-01 |
Denied |
Response WaivedRelisted (2)IFP |
ada appeals civil-rights constitutional-rights courtroom-access disability-accommodation disability-discrimination disability-rights due-process equal-protection judicial-discretion reasonable-accommodation standing trial-procedure |
Whether the trial court erred in denying petitioner's rights as a disabled individual, including his right to reasonable accommodations and equal acce… |
| 18-9060 |
Bruce Wayne Harrison v. United States |
Eleventh Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
amendment-599 criminal-law due-process ex-post-facto higher-sentence judicial-discretion pre-2011-sentence retroactivity sentencing-guidelines statutory-interpretation u.s.s.g-1b1.10 |
Ex Post Facto Clause-application |
| 18-9079 |
Steven Dedual, Jr. v. United States |
Fifth Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
alternate-sentences appellate-review district-court guideline-range harmless-error judicial-discretion sentencing-discretion sentencing-enhancement sentencing-procedure unsupported-alternate-sentences unsupported-claims |
Can a district court that has erroneously applied a sentencing enhancement shield itself from appellate review by claiming, without providing specific… |
| 18-9018 |
Jupiter Dennell Wilson, Sr. v. City of Chesapeake, Virginia |
Fourth Circuit |
2019-04-29 |
Denied |
Relisted (2)IFP |
age-discrimination age-retaliation certiorari-review circuit-court-conflict civil-rights fraud fraud-allegations fraud-on-the-record judicial-discretion race-discrimination race-retaliation retaliation |
Whether the United States Supreme Court can affirm the Fourth Circuit's certification of the consolidated case |
| 18-8985 |
Michael Johnson v. United States |
Eighth Circuit |
2019-04-25 |
Denied |
Response WaivedIFP |
appellate-review circuit-split eighth-circuit extraordinary-circumstances extraordinary-variance gall-v-united-states judicial-discretion major-departure minor-departure sentencing-guidelines sentencing-guidelines-review sentencing-variances standard-of-review |
Whether the Eighth Circuit's test that 'extraordinary variances do not require extraordinary circumstances' conflicts with this Court's mandate 'that … |
| 18-8995 |
Maurice Anderson v. United States |
Fourth Circuit |
2019-04-25 |
Denied |
Response WaivedIFP |
breach-of-contract due-process federal-rules-of-criminal-procedure first-amendment judicial-discretion legitimate-government-purpose plea-agreement plea-bargaining sentencing type-c-agreement |
When a judge can deem himself unbound to a Type-C plea agreement and impose a greater sentence |
| 18-8996 |
Zack Zafer Dyab v. United States |
Eighth Circuit |
2019-04-25 |
Denied |
Response WaivedIFP |
amount-of-loss appellate-review court-discretion criminal-sentencing illegal-sentence judicial-discretion legal-error loss-calculation plain-error sentencing sentencing-guidelines statutory-limitation statutory-limitations |
Does the miscalculation of the amount of loss as applied to the sentencing guidelines represent an illegal sentence, and plain error that the Court sh… |
| 18-8978 |
Rico Montell Reid v. United States |
Fourth Circuit |
2019-04-24 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-11 defendant-rights district-court due-process judicial-coercion judicial-discretion plea-agreement plea-bargaining presentence-report sentencing sentencing-guidelines withdrawal-of-plea |
Whether Federal Rule of Criminal Procedure 11 prohibits a district court from discussing sentencing options with a defendant at the sentencing hearing |
| 18-8938 |
Elza Budagova v. United States |
Ninth Circuit |
2019-04-22 |
Denied |
IFP |
apprendi apprendi-rule constitutional-procedure criminal-fines criminal-restitution judicial-discretion jury-findings sentencing sentencing-exposure southern-union-co |
Should Apprendi's rule apply to the imposition of criminal restitution? |
| 18-8918 |
David Wiley v. Jennifer Wiley |
Washington |
2019-04-19 |
Denied |
IFP |
best-interests-of-child bills-of-attainder child-support due-process judicial-discretion parent-child-relationship |
Question not identified |
| 18-8919 |
In Re Tatyana Evgenievna Drevaleva |
|
2019-04-19 |
Denied |
Response WaivedIFP |
administrative-law appellate-procedure appellate-review civil-procedure court-order due-process equal-protection judicial-discretion judicial-review legal-review mandamus procedural-due-process standing |
Does any Court have a legal right to issue a dispositive Order without a detailed explanation about why this decision was reached? |
| 18-8899 |
Eric Richard Eleson v. Joe A. Lizarraga, Warden, et al. |
Ninth Circuit |
2019-04-18 |
Denied |
IFP |
constitutional-interpretation due-process due-process-equal-protection equal-protection federal-statute judicial-discretion legal-definition non-violent-offense-classification penal-code-definition reasonable-jurist-standard state-constitution-interpretation state-federal-judge-duties state-law supremacy-clause violent-felony |
Does the U.S. Constitution's Supremacy Clause require judges to follow a federal statute's legal definition even if the state law lacks such a definit… |
| 18-8863 |
Neville Turnbull v. Glen Johnson, Warden |
Georgia |
2019-04-17 |
Denied |
IFP |
appellate-procedure civil-rights constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion judicial-review legal-standard miscarriage-of-justice prosecutorial-misconduct standing trial-process |
Whether a State's highest court errs, and abuses discretion by refusing to remedy a prisoner's miscarriage of justice claim, critical to all parties i… |
| 18-8839 |
Frizzell Carrell Woodson v. United States |
Fourth Circuit |
2019-04-16 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-standing due-process federal-tort-claims-act frivolous-claims in-forma-pauperis judicial-discretion pro-se-litigant sovereign-immunity standing |
Whether the Supreme Court has clearly established uniformity precedent for pro-se litigants' procedural due process rights under 28 USC § 1915 screeni… |
| 18-8840 |
Frizzell Carrell Woodson v. United States |
Fourth Circuit |
2019-04-16 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure civil-rights due-process federal-tort-claims-act impartiality judicial-discretion judicial-review jurisdictional-threshold sovereign-immunity standing tort-claims |
Whether the invoked appellate court adjudicative jurisdiction should acknowledge the particularism of any trial court judge's non-judicial palpable ac… |
| 18-8820 |
Carman L. Deck v. Richard Jennings, Warden |
Eighth Circuit |
2019-04-15 |
Denied |
Relisted (2)IFP |
appellate-procedure appellate-review certificate-of-appealability death-penalty district-court due-process habeas-corpus judicial-discretion procedural-standard reasonable-jurists standard-of-review |
Did Mr. Deck present grounds for relief as to which reasonable jurists could differ concerning the correctness of the district court's conclusion, thu… |
| 18-8821 |
Sealed Appellant v. Sealed Appellee |
Fifth Circuit |
2019-04-15 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-3582 18-usc-3582c2 5k1.1-motion criminal-sentencing judicial-discretion koons-v-united-states mandatory-minimum sentence-reduction sentencing-commission sentencing-guidelines substantial-assistance |
Can a defendant receive a 18 U.S.C. § 3582(c)(2) sentence reduction when the district court discarded the mandatory minimum because of a substantial-a… |
| 18-8834 |
José Amaya-Vasquez v. United States |
Third Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process judicial-discretion prior-bad-acts reasonableness reasonableness-standard sentencing sentencing-review |
Whether the Court erred by considering the prior bad acts in the determination of the appropriate sentence? |
| 18-8835 |
Sabrina D. Davis v. Kia Motors America, Inc. |
Fourth Circuit |
2019-04-15 |
Denied |
Relisted (2)IFP |
constitutional-interpretation discriminatory-ruling discriminatory-rulings due-process federal-law fraud-on-court fraud-on-the-court judicial-discretion judiciary-act judiciary-act-of-1925 poverty standing statutory-construction unconstitutional |
Are the lower courts abusing the Judiciary Act of 1925 to ignore fraud on the court? |
| 18-8804 |
Carlos Antonio Raymond v. Martin Joseph Roy, et al. |
Texas |
2019-04-12 |
Denied |
Response WaivedRelisted (3)IFP |
appeal appellate-review civil-procedure civil-rights constitutional-rights due-process judicial-discretion manifest-injustice plea-bargain standing trial-procedure waiver waiver-consent |
Did the District (Trial) Court err in Allowing trial to proceed without first obtaining a written WAIVER consent from Petitioner/Plaintiff? |
| 18-8800 |
Stephen R. Winn v. Dana Metzger, Warden, et al. |
Third Circuit |
2019-04-11 |
Denied |
IFP |
appellate-review civil-procedure civil-procedure-expert-testimony due-process evidence expert-witness fair-trial judicial-discretion testimony |
Whether the court erred in allowing the expert witness to testify without her notes and denying the defendant the right to review the notes as part of… |
| 18-1283 |
Joseph Montano v. Texas |
Fifth Circuit |
2019-04-10 |
Denied |
Response Waived |
consent consent-requirement cross-examination double-jeopardy fifth-amendment fifth-amendment-privilege judicial-discretion mistrial oregon-v-kennedy plain-error united-states-v-olano |
Whether the underlying reason for a sua sponte declaration of mistrial was plain error that overrides the consent requirement of Oregon v. Kennedy, an… |
| 18-1284 |
Jennifer L. Wilson v. SunTrust Bank, et al. |
North Carolina |
2019-04-09 |
Denied |
Response Waived |
civil-procedure court-hearing due-process judge judicial-discretion judicial-procedure jurisdiction north-carolina-constitution north-carolina-general-statutes procedural-rules standing statutory-interpretation trial-court venue |
Did the Trial Court hearing of August 15, 2016, Judge Gregory R. Hayes presiding, violate Article VI Section 11 of the North Carolina Constitution; N.… |
| 18-8749 |
Marvin Earl Blanks, Jr. v. United States |
Fourth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
18-usc-3553 appellate-review criminal-procedure due-process judicial-discretion judicial-reasoning sentencing sentencing-guidelines statutory-interpretation |
Whether the district court fulfilled its obligation under 18 U.S.C. § 3553(c) to announce the reasons for its sentencing decision |
| 18-8759 |
Cuauhtemoc Juarez-Aquino v. United States |
Ninth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-sentencing discretion district-court-authority due-process judicial-discretion majority-circuits ninth-circuit sentencing-discretion sentencing-factors |
Whether a federal district court is permitted boundless discretion to weigh established factors at sentencing |
| 18-8724 |
In Re Archie Cabello |
|
2019-04-08 |
Denied |
Response WaivedIFP |
case-law due-process judicial-discretion legal-ethics motions pleadings procedural-rules right-to-counsel rule-11 self-representation |
Does a trial judge have a duty to protect a defendant's right to counsel of choice? |
| 18-8700 |
Dorian Givens v. United States |
Fifth Circuit |
2019-04-04 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-procedure due-process federal-sentencing judicial-discretion sentencing standard-of-review supervised-release |
What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release? |
| 18-1274 |
In Re Urvashi Bhagat |
|
2019-04-04 |
Denied |
Amici (2)Response Waived |
35-usc-101 administrative-procedure administrative-procedure-act bilski-v-kappos federal-circuit-discretion graham-v-deere graham-v-john-deere judicial-discretion patent-eligibility patent-eligibility-35-usc-101 patent-law statutory-interpretation supreme-court-precedent uspto-discretion |
Whether the USPTO abused its discretion by refusing to allow claims that passed every requirement of Title 35 by insisting on extra-statutory requirem… |
| 18-8649 |
Bradley Cobbler, aka B-Rad v. United States |
District of Columbia |
2019-04-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure district-court due-process guilty-plea ineffective-assistance-of-counsel judicial-discretion motion-to-withdraw plea-bargaining plea-withdrawal sentencing withdrawal-of-plea |
Whether the District Court erred by partially denying Mr. Cobbler's Amended Motion to Withdraw Plea of Guilty? |
| 18-8632 |
Marcos Lopez-Guzman v. United States |
Fourth Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 appellate-review criminal-sentencing judicial-discretion plain-error retroactivity sentencing-guidelines sentencing-guidelines-reduction,18-usc-3582,amendm sentencing-reduction statutory-interpretation |
Whether the United States Court of Appeals committed a clear error in denying Appellant's two-level reduction pursuant to § 3582(C)(2) and Amendment 7… |
| 18-8558 |
Jorge Edwin Rivera v. United States |
Ninth Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-criminal-procedure federal-rules-of-criminal-procedure guidelines judicial-discretion plain-error plain-error-review sentencing sentencing-guidelines substantial-rights supervised-release |
Whether a district court's imposition of a term of supervised release double the Guidelines range without first calculating the range or providing an … |
| 18-8514 |
Jonathan Leroy Homedew v. United States |
Eighth Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion co-defendant co-defendants criminal-procedure district-court due-process judicial-discretion plea-arrangement plea-bargaining procedural-rights right-to-be-present speedy-trial waiver |
Whether Petitioner waived Speedy-Trial-Rights based on Co-defendants-Plea-arrangements |
| 18-8524 |
Tony Kalumba Tshiansi v. United States |
Fifth Circuit |
2019-03-22 |
Denied |
IFP |
criminal-procedure due-process factual-claims judicial-discretion objection presentence-report presumption-of-reliability reliability sentencing unjust-incarceration |
Whether the factual claims of a Presentence Report are presumed reliable in the face of objection? |
| 18-8531 |
Omar Sharif Beasley v. United States |
Eighth Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
appellate-review assistance-evaluation court-of-appeals fair-sentencing judicial-discretion reasonableness-of-sentence record-of-reasons record-of-sentencing-reasons sentence-reasonableness sentencing-factors sentencing-guidelines sentencing-guidelines-and-policies statutory-factors statutory-sentencing-factors |
Did the District Court and Court of Appeals properly consider sentencing guidelines and factors? |
| 18-8465 |
Paula Jo Kunsman v. Joel Wall |
Eleventh Circuit |
2019-03-19 |
Denied |
IFP |
access-to-courts access-to-justice bankruptcy-code bankruptcy-code-1307 bankruptcy-dismissal bankruptcy-judge-discretion bankruptcy-law chapter-13 circuit-split dismissal due-process judicial-discretion pro-se pro-se-debtor |
Are Bankruptcy Judges dismissing too many pro se debtors' cases without cause? |
| 18-8468 |
Alfredo Mendez v. United States |
Ninth Circuit |
2019-03-19 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-procedure discretion district-court-authority due-process federal-courts judicial-discretion sentencing sentencing-discretion sentencing-factors |
Whether a federal district court is permitted boundless discretion at sentencing to weigh established factors at sentencing |
| 18-8427 |
Malcolm Roy Evans v. United States |
Eighth Circuit |
2019-03-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-procedure-rights criminal-trial due-process ineffective-assistance judicial-discretion judicial-inquiry right-to-counsel right-to-testify self-representation |
Whether a trial court may summarily prohibit an accused from testifying in his own defense |
| 18-8415 |
John L. Lotter v. Nebraska |
Nebraska |
2019-03-13 |
Denied |
IFP |
capital-punishment capital-sentencing death-penalty due-process eighth-amendment fourteenth-amendment judicial-discretion jury-trial sentencing sixth-amendment |
Does Nebraska's capital sentencing scheme requiring a three-judge panel, rather than a jury, to impose a sentence of death violate the Eighth Amendmen… |
| 18-8421 |
Timothy M. Thomas v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-03-13 |
Denied |
IFP |
28-usc-2254 abuse-of-discretion amendment certificate-of-appealability circuit-court-of-appeals district-court due-process exhaustion habeas-corpus habeas-corpus-28-usc-2254 habeas-corpus-amendment judicial-discretion law-of-the-case merits section-2254 slack-v-mcdaniel |
Did the circuit court of appeals err when it denied (COA) status on the point raised that the U.S. district court abused its discretion by not allowin… |
| 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 |
| 18-8391 |
Nam Nhat Ngo v. United States |
Ninth Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
bank-robbery categorical-approach circuit-split criminal-definition criminal-law double-jeopardy due-process federal-jurisdiction judicial-discretion legal-interpretation sentencing statutory-construction statutory-interpretation sufficiency-of-evidence |
Can the courts of appeals define the crime of federal bank robbery differently for purposes of a sufficiency-of-the-evidence challenge than for a cate… |
| 18-8400 |
Travis Demond Johnson v. United States |
Eleventh Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion acceptance-of-responsibility criminal-procedure criminal-sentencing due-process judicial-discretion sentencing-guidelines sentencing-procedure sentencing-reasonableness statutory-purposes-of-sentencing upward-departure |
Whether the district court erred in departing upward under the United States Sentencing Guidelines §4A1.3 |
| 18-8358 |
Joel S. Elliott v. United States |
Tenth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
appeals appellate-procedure brief-denial certificate-of-appealability circuit-court-review civil-procedure civil-rights due-process federal-rules-of-evidence judicial-discretion jurisdiction merits standing |
Did the Circuit Court err when it denied in part the appellants Combined Opening Brief and Application for Certificate of Appealability on the merits? |
| 18-8334 |
Ada A. Gonzalez v. Alfredo Ernesto Gonzalez |
Florida |
2019-03-07 |
Denied |
IFP |
administrative-law appellate-jurisdiction civil-procedure civil-rights domestic-relations due-process equal-protection federal-jurisdiction judicial-discretion mandamus-writ standing state-court-review state-courts writ-of-mandamus |
Whether Petitioner is entitled to a writ of mandamus |
| 18-8299 |
Walter Raynard Lingard v. United States |
Fourth Circuit |
2019-03-06 |
Denied |
Response WaivedIFP |
allocution-rights appellate-review criminal-procedure criminal-sentencing downward-departure due-process judicial-discretion probation-revocation right-to-allocution sentencing-review |
Did the court of appeals err in its determination that the district court did not err in declining to vary downward based upon Lingard's state probati… |
| 18-8282 |
Jason Andrew Wright v. Oregon |
Ninth Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion sixth-amendment strickland-standard strickland-v-washington |
Did the Court of Appeals err in denying a certificate of appealability on the petitioner's claim which was brought pursuant to Strickland v. Washingto… |
| 18-8288 |
Derrick Allen v. Envirogreen Landscape Professionals, Incorporated |
Fifth Circuit |
2019-03-05 |
Denied |
IFP |
circuit-court-conflict civil-rights conflict-of-circuits due-process eeoc-decision employment-discrimination equal-protection federal-question judicial-discretion judicial-proceedings judicial-review lower-court-review supervisory-powers |
Can the US Supreme Court review at their judicial discretion for the compelling reason |
| 18-1147 |
Deron Brunson v. L. Douglas Hogan, et al. |
Utah |
2019-03-05 |
Denied |
Response WaivedRelisted (2) |
civil-procedure constitutional-disregard due-process equal-protection equitable-maxim fourteenth-amendment judicial-discretion object-principle-of-justice precedent precedent-contradiction precedent-interpretation standing |
Whether the United States Supreme Court has set a precedence that contradicts its own precedence's |
| 18-1138 |
Charles Kinney v. Superior Court of California, Los Angeles County, et al. |
California |
2019-03-04 |
Denied |
Response Waived |
bankruptcy bankruptcy-law civil-rights constitutional-vagueness due-process first-amendment judicial-bias judicial-discretion retaliation standing vexatious-litigant |
Unconstitutional vagueness of California vexatious litigant law, violation of civil and constitutional rights, bankruptcy law violations, due process … |
| 18-8232 |
Jesus Rosales v. Texas |
Texas |
2019-03-04 |
Denied |
IFP |
6th-amendment allen-charge coercion criminal-procedure due-process judicial-discretion jury-deliberation jury-instruction jury-instructions trial-procedure |
At what point should a court grant defense's request for an Allen charge, so that the lack of one, in itself, does not become coercive? |
| 18-8250 |
Joel Marvin Munt v. Minnesota Department of Corrections, et al. |
Eighth Circuit |
2019-03-04 |
Dismissed |
Response WaivedIFP |
8th-amendment 8th-circuit appellate-review civil-procedure civil-rights due-process encourage-prisons-to-utilize-transfers-to-moot-sui judicial-discretion mootness mootness-doctrine prisoner-rights rluipa rluipa-standard standing |
Did the 8th Circuit incorrectly apply the mootness standard and encourage prisons to utilize transfers to moot suits? |
| 18-8256 |
Mustafa Ahmad Naushad v. United States |
Ninth Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
18-usc-2113 18-usc-924(c) bank-robbery categorical-approach courts-of-appeals criminal-law federal-bank-robbery judicial-discretion legal-definition specific-intent statutory-interpretation sufficiency-of-the-evidence violent-physical-force |
Can the courts of appeals define the crime of federal bank robbery differently for purposes of a sufficiency-of-the-evidence challenge than for a cate… |
| 18-8262 |
Christian Dior Womack v. United States |
Third Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
attorney-misconduct court-appointed-attorney court-appointment criminal-justice-act due-process ethical-standards fee-violation indigent-client judicial-discretion professional-conduct professional-misconduct referral |
Whether the District Court abused its discretion in declining to refer the court-appointed attorney's misconduct to the Chief Judge for an order to sh… |
| 18-8225 |
Barry Druilhet, Jr. v. United States |
Fifth Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure due-process federal-sentencing judicial-discretion obstruction-of-justice sentencing sentencing-enhancement witness-testimony |
Can a federal court consider enhance a defendant's sentence for obstruction of justice where the defendant was seeking out witnesses to testify on his… |
| 18-8178 |
Charles E. Justise, Sr. v. David Liebel, et al. |
Indiana |
2019-02-28 |
Denied |
IFP |
civil-procedure exceptions federal-court federal-removal judicial-discretion jurisdiction multi-defendant procedural-rules removal state-court unrelated-claims |
Whether Federal Rule of Civil Procedure 18 allows a case with unrelated claims to be removed from state court to federal court, and, if so, the except… |
| 18-8145 |
Desmond Farmer v. United States |
Fourth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
amendment-782 assault criminal-classification criminal-history drug-abuse drug-offense drug-offenses due-process equal-protection family-member judicial-discretion non-violent-offense sentencing-guidelines sentencing-reduction violent-offender |
Whether the court erred in deeming the petitioner as a 'violent offender' instead of a 'drug abuser' and using that as a reason to deny a sentence red… |
| 18-8165 |
Michael J. Galvan v. United States |
Fifth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 18-8107 |
Dheadry Loyd Powell v. United States |
Tenth Circuit |
2019-02-26 |
Denied |
Response WaivedIFP |
appeal criminal-sentencing district-court district-court-error drug-quantity due-process grouping grouping-of-counts judicial-discretion sentencing sentencing-guidelines ussg-1b1 ussg-calculation |
Did the District Court err with its finding of a new inaccurate drug quantity? |
| 18-8144 |
Sami Albra v. Selene Finance, et al. |
Ninth Circuit |
2019-02-26 |
Denied |
Response WaivedIFP |
9th-circuit appellate-procedure circuit-rules civil-procedure due-process federal-rules federal-rules-of-appellate-procedure injunctive-relief judicial-discretion standing |
Does the 9th Circuit's circuit rules supersede the Federal Rules of Appellate Procedures, particularly when it results in depriving an individual due … |
| 18-8087 |
Joseph Michael Kurz v. Louisiana |
Louisiana |
2019-02-25 |
Denied |
Response WaivedIFP |
burden-of-proof capital-trial criminal-procedure due-process harmless-error judicial-discretion prosecutorial-misconduct sentencing sentencing-error standard-of-review statute-of-limitations time-limitations witness-testimony |
Whether the district court erred in allowing the State to prosecute the defendant for an allegation that the time limitations had expired |
| 18-8079 |
Christopher Loran Bentley v. United States |
Eleventh Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion acceptance-of-responsibility criminal-sentencing judicial-discretion notice-requirement relevant-conduct sentencing-guidelines sentencing-reasonableness statutory-maximum substantive-reasonableness upward-departure |
Whether the district court erred in sentencing Mr. Bentley |
| 18-8099 |
In Re Henry Lee Bryant |
|
2019-02-22 |
Denied |
Response WaivedIFP |
28-usc-1654 appellate-procedure collateral-proceeding collateral-review criminal-appeal criminal-procedure due-process ineffective-assistance-of-counsel judicial-discretion pro-se-representation right-to-counsel self-representation self-representation-right statutory-interpretation |
Did the Court of Appeals violate 28 U.S.C. § 1654 by refusing to allow Mr. Bryant to represent himself in the appeal of the collateral proceeding? |
| 18-1096 |
Charles G. Kinney v. Tani G. Cantil-Sakauye, et al. |
Ninth Circuit |
2019-02-22 |
Denied |
|
as-applied-challenge civil-procedure civil-rights constitutional-challenge due-process facial-challenge first-amendment free-speech judicial-discretion pro-se-litigation retaliation standing vexatious-litigant |
Is California's vexatious litigant law unconstitutionally vague? |
| 18-8047 |
Randy L. Pope v. Steve Franke |
Ninth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
conviction-nullification convictions criminal-procedure disposition due-process federal-courts habeas-corpus judicial-discretion nullification re-sentencing relief-standard sentencing state-law |
Whether the district court must grant relief by adhering to the relief dictated by state law when the state concedes in habeas corpus proceedings and … |
| 18-8048 |
Darnell D. Owens v. United States |
Sixth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
constitutional-interpretation criminal-history due-process federal-law historical-practice judicial-discretion propensity-evidence sixth-amendment sixth-circuit supervised-release |
Whether the Due Process Clause permits a judge or factfinder to rely on a person's criminal history to conclude that he or she likely committed anothe… |
| 18-7995 |
Rodney Martin v. United States |
Sixth Circuit |
2019-02-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion procedural-error reasonableness-of-sentence section-3553a sentencing sentencing-factors sentencing-guidelines |
Did the trial court improperly sentence Mr. Martin and did the appellate court improperly affirm the trial court? |
| 18-7998 |
Bobby Charles Byrd v. W. W. Lindsey, et al. |
Fifth Circuit |
2019-02-15 |
Denied |
IFP |
ada-accommodation appointment-of-counsel civil-rights disability-rights due-process exceptional-circumstances judicial-discretion pro-se pro-se-litigant rehabilitation-act |
Does the district court have an obligation to appoint counsel for an ADA-eligible pro se pauper litigant prevented from conducting their own trial due… |
| 18-7999 |
Raoul A. Galan v. Larry Gegenheimer, et al. |
Fifth Circuit |
2019-02-15 |
Denied |
Relisted (2)IFP |
abuse-of-discretion administrative-law arbitrary-and-capricious civil-procedure civil-rights constitutional-rights discrimination due-process judicial-discretion procedural-error racial-discrimination standing |
Were the lower courts manipulated by internal and/or external influences to deny petitioner his state and federal constitutional rights of protection? |
| 18-7959 |
Paul David Maze v. Renea Terrell, et al. |
Sixth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
12(b)(6) civil-procedure civil-rights due-process judicial-discretion plra prisoner-rights pro-se-litigant section-1983 standing |
Does a prisoner's §1983 civil matter require a remand if a District Court wrongly equate the standard for frivolousness of a complaint under §1915(d) … |
| 18-7944 |
Jerkeno Wallace v. United States |
Second Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure defendant-rights due-process evidence judicial-discretion non-testifying-defendant remorse remorse-consideration right-to-silence sentencing sentencing-error |
Was there an error by the court at sentencing when court considered observations of the non-testifying defendant as basis of proving no remorse |
| 18-1046 |
Virginia Callahan, et al. v. Pacific Cycle, Inc. |
Fourth Circuit |
2019-02-11 |
Denied |
Response Waived |
abuse-of-discretion appellate-review circuit-court-split circuit-split civil-procedure de-novo-review evidence evidence-admissibility evidentiary-ruling hearsay hearsay-evidence judicial-discretion standard-of-review |
Standard-of-review-for-hearsay-rulings |
| 18-7898 |
Latwang Janell Reid El Bey v. North Carolina, et al. |
North Carolina |
2019-02-11 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-procedure civil-rights conflict-of-interest due-process habeas-corpus judicial-discretion right-to-be-heard standing temporary-restraining-order |
Did Judge MILTON F. FITCH, JR. err by denying the petitioner the right to a hearing and the opportunity to be heard? |
| 18-7868 |
Charles L. Burgett v. The General Store No. Two, Inc., dba Marsh's Sunfresh Market, et al. |
Eighth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
civil-procedure discovery-order dismissal due-process judicial-discretion lesser-sanctions prejudice procedural-fairness sanctions |
Whether the district court is required to provide the sanctioned party with adequate due process before dismissing the lawsuit? |
| 18-7872 |
Steven Torres v. Randee Rewerts, Warden |
Sixth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
appeal certificate-of-appealability constitutional-rights guidelines habeas-corpus judicial-discretion sentencing sentencing-guidelines sixth-circuit upward-departure |
Did the United States District Court for the Eastern District of Michigan and the United States Court of Appeals for the Sixth Circuit erroneously den… |
| 18-1036 |
Antero Ramos v. Firestone Building Products Company, LLC |
Eleventh Circuit |
2019-02-07 |
Denied |
|
60(b)(6) attorney-misconduct attorney-negligence circuit-split civil-procedure client-abandonment client-relief equitable-relief federal-rules-of-civil-procedure judicial-discretion legal-malpractice rule-60(b)(6) summary-judgment |
Whether a lawyer's gross neglect of a blameless client's case is grounds for relief under Rule 60(b)(6) |
| 18-7788 |
Sunny Robinson v. United States |
Fifth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
appeal appellate-review compassionate-release criminal-justice criminal-procedure district-court-discretion due-process federal-sentencing judicial-discretion sentence-reduction sentencing statutory-interpretation |
Whether the District Court and the Fifth Circuit erred in not granting relief under Title 18 U.S.C. § 3582 |
| 18-7835 |
Iouri Mikhel v. United States |
Ninth Circuit |
2019-02-07 |
Denied |
IFP |
burden-of-proof competency competency-hearing criminal-procedure death-penalty due-process federal-criminal-procedure federal-judiciary hostage-taking judicial-discretion mental-health recusal standard-of-proof treaty-power trial-procedure |
Where significant evidence of competency is susceptible to conflicting inferences, what standard of proof is required for a competency hearing and wha… |
| 18-7840 |
Tommie H. Telfair v. United States |
Third Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
dismissal-without-merits due-process miranda-v-arizona right-to-remain-silent wiggins-v-smith certificate-of-appealability due-process fundamental-rights judicial-discretion merits-review miranda-rights miranda-v-arizona right-to-remain-silent right-to-silence wiggins-v-smith |
Whether the lower courts abused their discretion in denying petitioner a certificate of appealability |
| 18-7741 |
Robert Sills v. United States |
Eighth Circuit |
2019-02-04 |
Denied |
Response WaivedIFP |
appellate-procedure buck-v-davis certificate-of-appealability civil-procedure due-process habeas-corpus judicial-discretion merits-adjudication merits-review |
Whether the Court of Appeals' denial of the petitioner's request for a certificate of appealability (COA) was improper" |
| 18-7754 |
In Re Archie Cabello |
|
2019-02-04 |
Denied |
Response WaivedIFP |
case-law criminal-procedure judicial-discretion legal-procedure pleadings right-to-counsel right-to-self-representation rule-11 self-representation |
Does a trial judge have a duty to protect a defendant's right to counsel of choice? |
| 18-7717 |
Byrion Demeco Ferguson v. United States |
Fifth Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
1B1.3 amendment appellate-review constitutional criminal-procedure evidence judicial-discretion plain-error sentencing-guidelines u.s-sentencing-commission u.s.-sentencing-commission |
Whether the trial court committed plain error by admitting insufficient evidence applied by the pre-amendment 1B1.3 version of the U.S. Sentencing Gui… |
| 18-7694 |
Raymond Crespo v. New York |
New York |
2019-01-31 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal criminal-procedure defendant-rights due-process faretta-v-california judicial-discretion legal-timeliness pro-se-representation right-to-counsel right-to-self-representation self-representation timeliness |
How soon in the criminal proceeding must a defendant decide between proceeding by counsel or pro se? |
| 18-7696 |
Tony J. Walton v. David Ballard, Warden |
Fourth Circuit |
2019-01-31 |
Denied |
Response RequestedRelisted (2)IFP |
due-process fourteenth-amendment impartial-jury judicial-discretion jury-deliberations jury-impartiality sixth-amendment voir-dire |
Were the Petitioner's due process right to an impartial jury under the Sixth and Fourteenth Amendment to the Constitution violated when the trial judg… |
| 18-7662 |
Nolan Lewis v. United States |
Ninth Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
abuse-of-discretion competency competency-evaluation criminal-procedure due-process guilty-plea judicial-discretion mental-competency ninth-circuit restitution restitution-hearing |
Whether the Ninth Circuit Court of Appeals applied the proper legal standard for determining whether the district court abused its discretion in faili… |
| 18-7623 |
James Goolsby v. United States |
Eighth Circuit |
2019-01-29 |
Denied |
Response WaivedIFP |
18-usc-3582-c-2 appellate-procedure dillion-v-united-states exceptional-circumstances judicial-discretion mandatory-life-sentence mandatory-minimum mandatory-sentencing misapplication-of-guidelines miscarriage-of-justice official-victim-enhancement recall-of-mandate retroactive-amendment sentencing-guidelines |
Whether the Eighth Circuit Court of Appeals abused its discretion in refusing to recall the mandate on the direct appeal to prevent a miscarriage of j… |
| 18-7624 |
Mario Griffin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-01-29 |
Denied |
IFP |
abuse-of-discretion apprendi-v-new-jersey apprendi-violation cruel-and-unusual-punishment due-process federal-law illegal-sentence ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-integrity manifest-injustice miscarriage-of-justice sentence-enhancement sentencing |
Does the sentence imposed constitute an illegal sentence under federal law and represent a manifest injustice calling in question the integrity of the… |
| 18-7590 |
Joshua Jacobs v. Texas |
Texas |
2019-01-28 |
Denied |
IFP |
5th-amendment 6th-amendment bias constitutional-rights due-process effective-assistance-of-counsel fair-and-impartial-jury fair-trial impartial-jury judicial-discretion jury-selection trial-counsel trial-procedure voir-dire |
When trial-judge-imposed limitations on voir dire interfere with trial counsel's ability to identify veniremembers whom may be challengeable for cause… |
| 18-973 |
In Re Lee Chatfield, et al. |
|
2019-01-28 |
Denied |
Amici (1)Response Waived |
civil-procedure civil-procedure-abuse-of-discretion civil-rights district-court due-process emergency-motion equal-protection gerrymandering judicial-discretion judicial-economy jurisdictional-issues mandamus standing stay-of-trial |
Did the three-judge panel abuse its discretion in denying a stay of trial pending resolution of related cases |
| 18-7549 |
Bonnie Robles v. Brookwood Terrace Apartments |
Kansas |
2019-01-25 |
Denied |
IFP |
abuse-of-discretion administrative-law appellate-procedure appellate-review civil-procedure court-procedure due-process equal-protection judicial-discretion legal-fairness lower-court-rulings procedural-violations statutory-procedure |
Why should it be lawful for the lower court to ignore 'STATUTORY PROCEDURE' violations by the Respondents during a lower court hearing and then questi… |
| 18-7585 |
Lemuel Gay v. United States |
Eleventh Circuit |
2019-01-25 |
Denied |
Response WaivedIFP |
appellate-court appellate-review criminal-procedure district-court guideline-enhancement guidelines judicial-discretion procedural-error sentencing-court sentencing-guidelines standard-of-review |
Can the sentencing court's statement—that it would impose the same sentence irrespective of any error in its application of a guideline enhancement—ab… |
| 18-7486 |
Frank Monte v. Cyrus R. Vance, et al. |
Second Circuit |
2019-01-24 |
Denied |
Response WaivedRelisted (2)IFP |
42-usc-1983 civil-procedure civil-rights color-of-law constitutional-challenge criminal-charges due-process habeas-corpus judicial-discretion judicial-misconduct standing state-actors |
Constitutionality-of-the-entire-docket-vanishing-from-the-public-records |
| 18-7566 |
Pedro Goris, aka Pedro Goriz, aka Pedro Abreu v. United States |
Second Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion appeals appellate-review constitutional-review criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines judicial-discretion reasonableness sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Whether Petitioner's sentence was both procedurally and substantively unreasonable |
| 18-7525 |
Delexsia Harris v. United States |
Eleventh Circuit |
2019-01-23 |
Denied |
Response WaivedIFP |
criminal-procedure evidence evidence-suppression federal-rules-of-evidence judicial-discretion old-chief-v-united-states prejudicial-evidence prejudicial-information prior-bad-acts rule-403 |
Should the analysis utilized in Old Chief v. United States control in determining whether prejudicial information should have been excluded in the def… |
| 18-946 |
Abigail Arroyo v. Angel M. Torres-Sanchez, et al. |
First Circuit |
2019-01-18 |
Denied |
|
abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process federal-jurisdiction fifth-amendment judicial-discretion property property-rights public-interest standing takings |
Whether the Petitioner's rights to life, liberty, pursuit of happiness, property and due process were violated by the Respondents' alleged deceit, abu… |
| 18-7479 |
Farrell Haycraft v. Indiana |
Indiana |
2019-01-17 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-instructions mistrial trial-court-error verdict verdict-modification |
Did the Trial Court Err when it order the jurors to redeliberate after it reach a verdict of guilty and not guilty on all counts? |
| 18-7440 |
Christopher Whitman v. United States |
Eleventh Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
11th-circuit appeal appellate-procedure conflict-of-interest disqualification due-process effective-assistance-of-counsel ineffective-assistance-of-counsel judicial-discretion juror-bribery plain-error-review sentencing-guidelines standing |
Should the appeals court have appointed an attorney who did not have a conflict of interest? |
| 18-7462 |
William Anthony Johnson v. United States |
Sixth Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion appeals-court-discretion appellate-procedure civil-procedure constitutional-provisions court-discretion due-process finality finality-principle fundamental-miscarriage-of-justice judicial-discretion legal-finality mandate-recall miscarriage-of-justice recall-mandate statutory-provisions |
Whether the appeals court abused its discretion in denying petitioner's motion to recall mandate |
| 18-906 |
Charles G. Kinney v. Tani G. Cantil-Sakauye, et al. |
Ninth Circuit |
2019-01-14 |
Denied |
|
abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process first-amendment free-speech judicial-discretion separation-of-powers standing vexatious-litigant |
Whether the vexatious litigant laws are being used to punish and compel the silence of a property owner in violation of their constitutional rights |
| 18-907 |
Charles G. Kinney v. Three Arch Bay Community Services District, et al. |
Ninth Circuit |
2019-01-14 |
Denied |
Response Waived |
civil-procedure civil-rights clean-water-act due-process first-amendment free-speech judicial-discretion property-rights separation-of-powers standing vexatious-litigant |
Whether vexatious-litigant laws are being used to punish an attorney who was not a party, pro se plaintiff who ultimately prevailed, defendant, or lis… |
| 18-7299 |
Leon Tony Parker, Jr. v. Texas |
Texas |
2019-01-10 |
Denied |
IFP |
conflict-of-interest counsel-of-choice counsel-withdrawal court-procedure due-process judicial-discretion motion-resolution motion-to-substitute motion-to-substitute-counsel motion-to-withdraw record-keeping right-to-counsel trial-court-discretion trial-fairness |
Does the highest state court's decision conflict with the United States Supreme Court's guarantee to be represented by counsel of one's own choice? |
| 18-7364 |
Brandon M. Chambers v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-10 |
Denied |
IFP |
court-interpretation grammar grammatical-construction judicial-deference judicial-discretion legislative-intent punctuation state-court statutory-analysis statutory-construction statutory-interpretation |
What responsibility/power does a State District court have in interpreting a provision of a statute, and when interpreting a statute to determine legi… |
| 18-7339 |
Earl Reyes v. Michael Duggan, et al. |
District of Columbia |
2019-01-09 |
Denied |
Response WaivedIFP |
access-to-courts appointment-of-counsel civil-rights constitutional-amendments court-access due-process equal-protection fifth-amendment first-amendment fourteenth-amendment intentional-discrimination judicial-discretion seventh-amendment |
Whether the alleged facts that Defendant Duggan intentionally discriminated against Reyes (suspect class) states a claim for violation of the First, F… |
| 18-7291 |
Dillon Wade Thompson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-08 |
Denied |
IFP |
constitutional-rights criminal-law criminal-procedure deliberation digital-cameras due-process evidence evidence-admissibility judicial-discretion jury jury-deliberations lewd-exhibition prosecutorial-misconduct trial |
Is it a violation of a defendant's Due Process rights if, while deliberating, the fact-finder viewed evidence that was not shown at trial, even if sai… |
| 18-7249 |
John Doe v. United States |
Ninth Circuit |
2019-01-07 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-3582 circuit-court-review criminal-procedure criminal-sentencing dillon-v-united-states federal-criminal-procedure federal-sentencing-guidelines judicial-discretion resentencing sentencing sentencing-modification statutory-interpretation |
Whether the holding in Dillon v. United States, 560 U.S. 817 (2010) applies to 18 U.S.C. § 3582(c)(1)(B) in the same manner it applies to 18 U.S.C. § … |
| 18-7261 |
Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-07 |
Denied |
IFP |
abuse-of-discretion appeal appealability appellate-jurisdiction civil-procedure fraud-on-the-court habeas habeas-corpus judicial-discretion jurisdiction merits motion-to-reconsider procedural-error rule-60(b) |
Whether the lower court clearly erred in abusing its discretion by dismissing the appeal as premature/no jurisdiction without addressing the merits of… |
| 18-7164 |
Nathan Daniel Knuth v. Randall C. Arp, Judge, District Court for the First Judicial District of Colorado, et al. |
Colorado |
2018-12-21 |
Denied |
Response WaivedIFP |
appeal appellate-review civil-procedure constitutional-rights dismissal due-process evidentiary-hearing judicial-discretion procedural-fairness standing waiver |
Whether the Colorado Court of Appeals violated Mr. Knuth's constitutional rights to due process |
| 18-7108 |
Timothy Gene Pryer v. Thomas Gardner, III |
Mississippi |
2018-12-19 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-limits criminal-acts due-process judicial-discretion judicial-immunity judicial-misconduct sovereign-immunity standing takings |
Does the Constitution grant judges jurisdiction to commit criminal acts by way of judicial decisions? |
| 18-781 |
Baltimore County, Maryland v. Equal Employment Opportunity Commission |
Fourth Circuit |
2018-12-19 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
adea-enforcement age-discrimination age-discrimination-in-employment-act circuit-court-interpretation circuit-court-precedent circuit-court-split discretionary-authority judicial-discretion pension-plan pension-plans retroactive-relief statutory-interpretation |
Whether the Fourth Circuit erroneously held that a retroactive award of monetary relief is mandatory under the ADEA in this pension case |
| 18-7079 |
Franklyn Morillo v. United States |
First Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-waiver certiorari controlled-substances criminal-procedure district-court due-process first-impression first-impression' 'Should certiorari be granted i judicial-discretion knowing-intelligent-voluntary legal-standard plea-bargaining procedural-rights role-enhancement sentencing sentencing-guidelines standard-of-review' 'Should certiorari be granted |
Should certiorari be granted to decide whether a district court can only ask a Petitioner a single question about an appellate waiver, even though tha… |
| 18-768 |
In Re Kenneth P. Kellogg, et al. |
|
2018-12-18 |
Denied |
Response Waived |
attorney-misconduct civil-procedure class-action common-questions-of-fact contingent-fee-contracts fee-contract judicial-discretion judicial-usurpation mdl-transfer minnesota-law multidistrict-litigation pretrial-proceedings |
Whether the MDL Panel transfer of Kellogg |
| 18-7059 |
John H. Rosky v. Quentin Byrne, Warden, et al. |
Ninth Circuit |
2018-12-17 |
Denied |
IFP |
access-to-courts appeal appeals appellate-procedure certificate-of-appealability civil-procedure civil-rights district-court-review due-process habeas-corpus judicial-discretion procedural-due-process standing |
Whether the Court of Appeals for the Ninth Circuit erred in denying petitioner's due process rights and access to the courts |
| 18-7065 |
Fabio Porfirio Lobo v. United States |
Second Circuit |
2018-12-17 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-law constitutional-rights criminal-procedure district-court due-process inaccurate-information judicial-discretion life-sentence sentencing |
Whether Petitioner's due process rights were violated when the United States District Court relied on inaccurate information sentencing him to a defac… |
| 18-7055 |
Brenda White v. Southeast Michigan Surgical Hospital, et al. |
Michigan |
2018-12-14 |
Denied |
Response WaivedIFP |
affidavit-of-merit civil-procedure civil-rights civil-rights,due-process,standing,civil-procedure, due-process judicial-discretion medical-malpractice race race-discrimination rico rico-claims standing |
Must a court overlook a plaintiff's race in making a decision about her capacity and her right to defend herself against attempted murder by doctors, … |
| 18-763 |
Chaka Fattah, Sr. v. United States |
Third Circuit |
2018-12-14 |
Denied |
|
6th-amendment circuit-split criminal-procedure deliberations due-process evidence judicial-discretion juror-removal jury-unanimity misconduct-standard standard-of-review |
Whether a district court must determine that there is no possibility that allegations of juror misconduct stem from the juror's view of the evidence t… |
| 18-7004 |
Miguel Rodriguez-Garcia v. United States |
Fifth Circuit |
2018-12-12 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-discretion plain-error remand sentencing statutory-interpretation statutory-maximum substantial-rights |
Whether a court of appeals that finds a plain error in the district court's selection of a statutory maximum should ordinarily order a limited remand … |
| 18-6990 |
Elena Sturdza v. United Arab Emirates |
District of Columbia |
2018-12-11 |
Denied |
IFP |
civil-procedure civil-rights court-discretion court-procedure due-process guardian-ad-litem incompetence incompetent-person judicial-discretion legal-representation motion-for-reconsideration pro-se-representation standing |
Whether the district court erred in its rulings on the motions for reconsideration, leave to file a supplemental complaint, and appointment of a guard… |
| 18-6971 |
Zachery Joseph Cooley, aka Red v. United States |
Eleventh Circuit |
2018-12-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-sentencing gall-v-united-states guideline-calculation harmless-error judicial-discretion procedural-error procedural-reasonableness sentencing-guidelines substantive-reasonableness |
When a defendant appeals his sentence on the grounds that his Guideline range was miscalculated, may an appellate court disregard any error in the gui… |
| 18-739 |
Trevor Wallace v. Tennessee |
Tennessee |
2018-12-10 |
Denied |
Response Waived |
appellate-review case-revival constitutional-compliance dismissal-with-prejudice double-jeopardy due-process fifth-amendment judicial-discretion jury jury-trial lee-v-us res-judicata |
May a state appellate court revive a case that was dismissed with prejudice after a jury was sworn? |
| 18-6941 |
John Leslie Chapman v. Robert Lampert, Director, Wyoming Department of Corrections, et al. |
Wyoming |
2018-12-07 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process fourteenth-amendment judicial-discretion legal-advisement plea-bargaining sentencing void-judgment |
Whether the strictures of Federal Rules of Criminal Procedure Rule 11 and the Fourteenth Amendment due process were met concerning personal advisement… |
| 18-6927 |
In Re Jerry Urbina |
|
2018-12-06 |
Denied |
IFP |
abuse-of-discretion criminal-procedure criminal-sentencing federal-courts judicial-discretion plea-agreement plea-bargaining retroactivity rule-11 sentencing-amendment sentencing-guidelines sentencing-reform statutory-interpretation |
Whether the lower courts abused their discretion by denying petitioner Urbina relief under the 782 Amendment due to his being the beneficiary of a Rul… |
| 18-6910 |
Elseddig Elmarioud Musa v. United States |
Ninth Circuit |
2018-12-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-sufficiency fraud-allegations judicial-discretion jury-instructions motion-for-acquittal prosecutorial-misconduct rule-29-motion sufficiency-of-evidence |
Whether the district court improperly denied Musa's Rule 29 motion |
| 18-6851 |
Steven Gomez v. United States |
Fifth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
advisory-sentencing appeal-waiver constitutional-error criminal-procedure due-process judicial-discretion plea-agreement plea-bargaining sentencing-guidelines |
Can an appeal waiver executed at the time of a defendant's plea waive the right to appeal constitutional error occurring at sentencing months after ex… |
| 18-6871 |
Archie Cabello v. United States District Court for the District of Oregon |
Ninth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
case-law criminal-procedure due-process judicial-discretion right-to-counsel rule-11 self-representation |
Does a trial judge have a duty to protect a defendant's right to counsel of choice? |
| 18-6833 |
Jose Ramon Zuniga, aka Josue Ararel Zuniga-Zaragoza, aka Jose Ramon Zuniga-Garcia v. United States |
Fifth Circuit |
2018-11-27 |
Denied |
Response WaivedIFP |
criminal-procedure discretion due-process federal-jurisdiction judicial-discretion offense-level residual-clause sentencing sentencing-guidelines sentencing-standards statutory-interpretation |
Whether a Guideline which incorporates by reference § 16(b)'s residual clause may serve as the basis for increasing the defendant's offense level unde… |
| 18-6846 |
Luis A. Pena v. Maryland |
Maryland |
2018-11-27 |
Denied |
Response WaivedIFP |
appellate-review brady-v-stumpf collateral-consequences coram-nobis due-process guilty-plea guilty-plea-validity ineffective-assistance-of-counsel judicial-discretion plea-hearing plea-record sentencing voluntariness |
Whether the Maryland appellate courts erred or abused their discretion |
| 18-6806 |
Eliana Sarmiento v. United States |
Second Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-procedure-speedy-trial-act dismissal harmless-error indictment-dismissal judicial-discretion prejudice speedy-trial-act statute-interpretation statutory-interpretation |
Whether a district court's denial of a motion to dismiss an indictment for a violation of the Speedy Trial Act's 70 day time limit for bringing a defe… |
| 18-6829 |
Jimmy Walter Fuentes v. United States |
Fifth Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-discretion plain-error remand sentencing statutory-interpretation statutory-maximum substantial-rights |
Whether a court of appeals that finds a plain error in the district court's selection of a statutory maximum should ordinarily order a limited remand … |
| 18-6792 |
Christopher W. Fillmore v. Indiana Bell Telephone Company, Inc. |
Seventh Circuit |
2018-11-23 |
Denied |
Response WaivedIFP |
circuit-court circuit-split civil-procedure cross-motions district-court equitable-remedies evidence evidence-sufficiency evidentiary-insufficiency judicial-discretion representation-resources summary-judgment |
Whether the district court and Seventh Circuit erred in granting summary judgment for Indiana Bell despite finding that both parties submitted 'sparse… |
| 18-650 |
Miguel Cabrera-Rangel v. United States |
Fifth Circuit |
2018-11-20 |
Denied |
Amici (5)Response Waived |
acquittal-impact acquitted-conduct criminal-procedure criminal-sentencing double-jeopardy due-process judicial-discretion jury-trial sentencing sixth-amendment |
Whether the Sixth Amendment right to jury trial prohibits a federal court from basing a criminal defendant's sentence on a charge for which the jury a… |
| 18-6742 |
Albert Uriah Mathis v. North Carolina |
North Carolina |
2018-11-20 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-misconduct mistrial prosecutorial-misconduct |
Can a judge order a mistrial in a case simply, so he may attend a Dr. appointment? |
| 18-6763 |
Luis Antonio Bonilla, Jr. v. United States |
Fourth Circuit |
2018-11-20 |
Denied |
Response WaivedIFP |
appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure judicial-discretion miscarriage-of-justice plea-agreement plea-agreements sentencing sentencing-guidelines sentencing-uniformity |
What standards should govern the enforcement of appeal waivers in plea agreements? |
| 18-6729 |
Jesus Santiago v. United States |
Second Circuit |
2018-11-19 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-review civil-procedure criminal-procedure district-court due-process guidelines-calculation guidelines-range judicial-discretion sentencing-determination sentencing-guidelines upward-variance |
Whether a circuit court can competently conclude that the Sentencing Guidelines were immaterial to a district court's sentencing determination |
| 18-6732 |
Myron Gerald Stevens v. United States |
Eleventh Circuit |
2018-11-19 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-sentencing discretion-to-vary downward-variance judicial-discretion procedural-reasonableness sentencing-factors sentencing-guidelines substantive-reasonableness |
Did the trial court impose a procedurally unreasonable sentence of life imprisonment upon conviction of a first offense, where it applied an incorrect… |
| 18-6737 |
Jose Lopez-Castillo v. United States |
Ninth Circuit |
2018-11-19 |
Denied |
Response WaivedIFP |
booker booker-decision constitutional-law criminal-law criminal-procedure federal-sentencing federal-sentencing-guidelines judicial-discretion mandatory-minimum mandatory-minimums sentencing sentencing-guidelines statutory-interpretation supreme-court-precedent title-21 |
Whether the mandatory-sentencing regime of Title 21 has been abrogated by United States v. Booker and its progeny |
| 18-6694 |
Timothy Weakley v. Eagle Logistics, et al. |
Eleventh Circuit |
2018-11-16 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure district-court-discretion due-process inconsistent-position inconsistent-positions judicial-discretion judicial-estoppel new-hampshire-v-maine standing v-amendment |
Whether a district court within the context of a judicial estoppel claim exceeds the boundaries of judicial discretion when it dismisses plaintiff's 1… |
| 18-6714 |
Maikel Suarez Plasencia v. United States |
Eleventh Circuit |
2018-11-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-law due-process equal-protection judicial-discretion judicial-procedure sentencing trial-procedure |
Whether the petitioner's sentence of 24-36 months was reasonable and should be taken into account to give the petitioner a sentence of 16 months |
| 18-6717 |
Lei Yin v. Thermo Fisher Scientific |
First Circuit |
2018-11-16 |
Denied |
Response WaivedRelisted (2)IFP |
access-to-courts civil-procedure civil-rights constitutional-procedure due-process equal-protection federal-court-rules federal-courts judicial-discretion pro-se pro-se-rights standing summons summons-issuance |
Whether a pro se litigant shall share the same rights as those represented by lawyers that are protected by the United States Constitution |
| 18-631 |
Kevin McCabe v. Gerardo Aranda, et al. |
Seventh Circuit |
2018-11-15 |
Denied |
Response Waived |
civil-procedure class-action class-action-settlement-agreement class-members cy-pres district-court due-process guidance judicial-discretion potential-recipients procedural-fairness recipient-selection settlement-agreement standing |
Whether a cy pres provision of a class-action settlement agreement may authorize class members to make recommendations for the selection of a cy pres … |
| 18-633 |
Gary Jefferson Byrd v. United States |
Fifth Circuit |
2018-11-15 |
Denied |
Response Waived |
appeals appellate-procedure certificate-of-appealability civil-rights constitutional-rights district-court district-court-summary-denial due-process fifth-circuit habeas-corpus judicial-discretion pro-se pro-se-litigant standing summary-denial |
Should a Certificate of Appealability (COA) be denied to a pro se litigant thus denying an appeal when the issue has been extensively researched and c… |
| 18-6709 |
Lawrence Alfred Landrum v. Ohio |
Ohio |
2018-11-15 |
Denied |
IFP |
capital-sentencing death-penalty eighth-amendment judge-sentencing judicial-discretion jury-recommendation jury-sentencing jury-trial sixth-amendment spaziano-v-florida |
Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida? |
| 18-6704 |
Aaron Jonathon Zemke v. Michigan |
Michigan |
2018-11-14 |
Denied |
IFP |
abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion |
Whether Mr. Zemke received ineffective assistance of counsel under the Sixth Amendment |
| 18-6661 |
Bryan Christopher Samuel v. United States |
Fourth Circuit |
2018-11-13 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure constitutional-issues court-of-appeals delayed-opinions due-process first-impression-issues habeas-corpus judicial-discretion jurisdiction jurisdictional-barriers jurisdictional-issues petition-for-certiorari petition-for-rehearing procedural-delay timeliness |
Whether the federal courts abused their discretion in causing delays that made the petitioner untimely in seeking further review |
| 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 |
| 18-6643 |
Sobhy Fahmy Amin Iskander v. United States District Court for the Central District of California, et al. |
Ninth Circuit |
2018-11-08 |
Denied |
IFP |
civil-rights constitutional-rights due-process judicial-competence judicial-discretion judicial-ethics judicial-independence judicial-interpretation judicial-review legal-standards rule-of-law state-court-decision |
Whether the state court decision is contrary to federal law based on the principle of an independent, fair, and competent judiciary |
| 18-6645 |
Peyton John Wesley Hopson v. Stark County, Ohio, et al. |
Sixth Circuit |
2018-11-08 |
Denied |
IFP |
access-to-courts civil-procedure due-process federal-rules-of-civil-procedure good-faith in-forma-pauperis judicial-discretion manifest-injustice pro-se standing |
Do the district court's failure to state reasons for certifying lack of good faith, failure to dismiss as frivolous, and failure to allow amendment am… |
| 18-596 |
Marie Neba v. United States |
Fifth Circuit |
2018-11-06 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review criminal-procedure criminal-sentencing due-process federal-sentencing judicial-discretion judicial-review presumption-of-reasonableness proportionality rita-v-united-states sentencing-disparities sentencing-guidelines |
Should the Court overrule or refine Rita v. United States (2007) 551 U.S. 338, such that an irregular and disproportionate within-Guidelines sentence … |
| 18-6566 |
Jara Meotta Ishon Flowers v. United States |
Fourth Circuit |
2018-11-06 |
Denied |
Amici (1)Response WaivedIFP |
bribery case-overturning civil-rights criminal-law criminal-procedure due-process extortion judicial-discretion judicial-review legal-precedent precedent racketeering stare-decisis statutory-interpretation supreme-court-precedent |
Should this Court overturn its prior decision in Evans? |
| 18-6571 |
Mark Jervis v. Richard Brown, Warden |
Seventh Circuit |
2018-11-05 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights due-process e-filing-system habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel judicial-discretion prisoner-rights standing |
Does the District Court have the inherent power to rectify its own mistakes after creating a system that makes it nearly impossible for prisoners to c… |
| 18-6510 |
Frank Pruitt v. New York |
New York |
2018-11-01 |
Denied |
IFP |
1st-amendment 6th-amendment courtroom-access criminal-procedure due-process judicial-discretion judicial-inquiry public-trial removal-from-trial right-to-attend-trial right-to-observe sixth-amendment |
Was the right to a Public trial, and the right of the Public to attend trial, abrogated when the trial judge failed to conduct careful inquiry 'before… |
| 18-6539 |
Allan Wayne Rencountre v. Colby Braun, Warden |
Eighth Circuit |
2018-11-01 |
Denied |
IFP |
civil-procedure constitutional-rights counsel-ineffectiveness due-process equitable-tolling habeas-corpus ineffective-assistance-of-counsel judicial-discretion merits-review procedural-default statutory-deadline statutory-filing-deadline |
Should the Court have granted equitable tolling with regards to the statutory filing deadline due to the ineptitude of Petitioner's retained counsel s… |
| 18-6519 |
Mariano Alvarez v. United States |
Fifth Circuit |
2018-10-31 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion life-sentence mistrial plea-bargaining plea-negotiation recusal sentencing-guidelines |
Can doubts in granting a Certificate of Appealability (COA) be resolved in favor of the appellant when considering the severity of his life sentence? |
| 18-6483 |
Armando Chavez, Jr. v. United States |
Fifth Circuit |
2018-10-29 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process federal-jurisdiction federal-sentencing indictment indictment-requirements judicial-discretion plea-bargaining sentencing sentencing-guidelines statutory-interpretation |
Whether facts that alter the range of reasonable' federal sentences must be pleaded in the indictment in federal cases? |
| 18-516 |
Charles G. Kinney v. Philip Gutierrez, et al. |
Ninth Circuit |
2018-10-19 |
Denied |
Response Waived |
bankruptcy bankruptcy-law civil-rights due-process federal-procedure free-speech judicial-discretion professional-speech retaliation section-1983 vexatious-litigant |
Whether the 3-judge panel abused its discretion in dismissing 8 of Kinney's pending appeals, which allegedly covered up acts by Justice Gutierrez and … |
| 18-517 |
Charles G. Kinney v. Philip Gutierrez |
Ninth Circuit |
2018-10-19 |
Denied |
|
abuse-of-discretion bankruptcy-law civil-rights due-process free-speech judicial-discretion professional-speech section-1983 vexatious-litigant |
issues-being-raised |
| 18-518 |
Charles G. Kinney v. Clerk, Court of Appeal of California, Fourth Appellate District, Division Three, et al. |
Ninth Circuit |
2018-10-19 |
Denied |
|
42-usc-1983 civil-rights clean-water-act color-of-law due-process federal-clean-water-act free-speech hobbs-act honest-services judicial-discretion professional-speech state-nuisance-law |
Whether the Ninth Circuit abused its discretion in dismissing Kinney's appeals, violating his First Amendment rights and depriving him of due process,… |
| 18-508 |
Charles G. Kinney v. Tyson Takeuchi, et al. |
Ninth Circuit |
2018-10-18 |
Denied |
Response Waived |
abuse-of-discretion bankruptcy bankruptcy-law civil-rights due-process false-statements federal-procedure free-speech judicial-discretion professional-speech |
Issue being raised |
| 18-509 |
Charles G. Kinney v. State Bar of California, et al. |
Ninth Circuit |
2018-10-18 |
Denied |
Response Waived |
anti-trust civil-rights civil-rights-violations color-of-authority due-process first-amendment free-speech interstate-commerce judicial-discretion judicial-misconduct professional-speech standing state-bar-regulation vexatious-litigant |
Whether the Ninth Circuit abused its discretion in dismissing multiple appeals by the petitioner and using 'vexatious litigant' and 'puppet' labels to… |
| 18-510 |
Charles G. Kinney v. Michele R. Clark, et al. |
Ninth Circuit |
2018-10-18 |
Denied |
|
bankruptcy bankruptcy-law civil-rights due-process federal-law free-speech hobbs-act judicial-discretion professional-speech state-court-proceedings vexatious-litigant |
Whether the dismissal of multiple appeals was an abuse of discretion to cover up violations of federal law and civil rights |
| 18-515 |
Charles G. Kinney v. Michele R. Clark, et al. |
Ninth Circuit |
2018-10-18 |
Denied |
|
abuse-of-discretion bankruptcy bankruptcy-law civil-rights due-process federal-procedure free-speech judicial-discretion judicial-misconduct professional-speech |
Dismissal of pro se litigant's appeals for alleged professional speech violations, cover-up of bankruptcy law violations, and abuse of discretion by a… |
| 18-6358 |
Alj Hilton v. United States |
Eleventh Circuit |
2018-10-18 |
Denied |
Response WaivedIFP |
and Are Plain and Affect Petitioner's Substantial -and-Are-Plain-and-Affect-Petitioner's-Substantial 18-usc-3661 5th-amendment appeal-waiver appeal-waiver,sentencing-guidelines,criminal-histo criminal-history criminal-procedure criminal-sentencing due-process judicial-discretion mandatory-minimum plain-error sentencing-guidelines substantial-rights trial-court-error Whether the mandatory five-year minimum sentence u |
Whether Petitioner's Appeal Waiver Is Inapplicable to Issues of Trial Court Error in Applying Sentencing Guidelines' Enhancements or in Calculating Cr… |
| 18-6359 |
Uriel Gomez-Saavedra v. United States |
Fifth Circuit |
2018-10-18 |
Denied |
Response WaivedIFP |
18-usc-3661-3553 5th-amendment 5th-circuit-law constitutional-challenge criminal-sentencing due-process judicial-discretion mandatory-minimum sentencing-guidelines statutory-interpretation supreme-court-precedent |
Whether the mandatory five-year minimum sentence under which Mr. Gomez-Saavedra was sentenced is unconstitutional and contravenes 18 U.S.C. 3661 and 3… |
| 18-6372 |
Michael Small v. Cherry Lindamood, Warden |
Sixth Circuit |
2018-10-18 |
Denied |
Response WaivedIFP |
appellate-review constitutional-challenge due-process evidentiary-ruling federal-jurisdiction habeas-corpus ineffective-assistance-of-counsel judicial-discretion procedural-default procedural-rules sentencing state-court sufficiency-of-evidence |
Whether the United States Court of Appeals erred when it agreed with the district court that the claim of ineffective assistance of counsel was withou… |
| 18-6384 |
Michael A. Lanteri v. Connecticut |
Second Circuit |
2018-10-18 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights constitutional-rights divorce divorce-property-division due-process family-law judicial-discretion jurisdiction property-rights state-jurisdiction takings |
Can the state of Connecticut or any state take all your property from you (marital, premarital and inheritance) once you file for Divorce? |
| 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 |
Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is 'not greater than necessary' to achieve… |
| 18-6349 |
Daniel Israel Palomino v. United States |
Ninth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court-review due-process guideline-commentary judicial-discretion judicial-review legal-interpretation sentencing-factors sentencing-guidelines sentencing-procedure statutory-interpretation |
Whether a district court abuses its discretion in misapplying a sentencing guideline when it refuses to consider a factor expressly provided for in th… |
| 18-479 |
Marc Schenkel v. Xyngular Corporation, et al. |
Tenth Circuit |
2018-10-15 |
Denied |
Response Waived |
case-management civil-procedure civil-rights district-court district-court-authority due-process free-speech inherent-authority judicial-discretion pre-litigation-conduct prelitigation-conduct sanctions standing |
Whether a district court's inherent authority to manage the disposition of cases, including by imposing sanctions on a party, does not extend to condu… |
| 18-6313 |
Lacoya Washington v. United States |
Fifth Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
appeal conviction criminal-evidence criminal-law due-process evidence judicial-discretion sentencing sex-trafficking trial trial-severance |
Whether there was sufficient evidence presented at trial to convict Lacoya Washington of the sex-trafficking-crime |
| 18-456 |
Michael J. Persico v. United States |
Second Circuit |
2018-10-11 |
Denied |
Response Waived |
apprendi due-process fifth-amendment judicial-discretion jury-trial plea-agreement plea-bargaining sentencing sixth-amendment substantive-reasonableness |
Whether Petitioner's sentence, which would have been deemed substantively unreasonable in the absence of the district court's factual findings, violat… |
| 18-6280 |
Thomas Gilmore Stewart v. United States |
Fifth Circuit |
2018-10-11 |
Denied |
Response WaivedIFP |
challenge criminal-procedure due-process habeas-corpus judicial-discretion revocation state-conviction state-court-conviction supervised-release |
Whether a district court's decision to revoke a term of supervised release that is based upon a previous state court conviction which is being challen… |
| 18-6287 |
Billy Jack Crutsinger v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-10-10 |
Denied |
IFP |
18-usc-3599 abuse-of-discretion constitutional-claim criminal-procedure-18-usc-3599 dna-evidence expert-services habeas-corpus judicial-discretion reasonable-necessity |
Whether establishing that requested expert services are reasonably necessary to the representation under 18 U.S.C. § 3599 requires articulation of a c… |
| 18-6229 |
Josh A. Wairi v. United States |
First Circuit |
2018-10-09 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review booker-standard booker-v-united-states criminal-appeal criminal-sentencing first-circuit-court-of-appeals gall-v-united-states judicial-discretion procedural-reasonableness sentencing-guidelines united-states-v-josh-wairi |
Does the First Circuit Court of Appeals' decision in petitioner's case conflict with this Court's decisions in Booker v. United States and Gall v. Uni… |
| 18-6260 |
Jaime Traverso v. Maryland |
Maryland |
2018-10-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-law constitutional-review criminal-procedure due-process evidence-withholding full-faith-and-credit full-faith-credit-clause judicial-discretion law-of-case perjury prosecutorial-misconduct standing withheld-evidence |
Did the Maryland court abuse its discretion by refusing to reopen the law of the case established by the testimony of a convicted perjurer, withheld f… |
| 18-6261 |
Ilich Vargas, aka Ilich Ernesto Vargas Romero v. John McMahon |
Ninth Circuit |
2018-10-09 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights due-process evidentiary-hearing habeas-corpus judicial-discretion judicial-misconduct pro-se pro-se-petition procedural-due-process prosecutorial-misconduct standing |
Whether a district court magistrate acts in excess of her discretion and outside the bounds of reason during the initial screening of a pro-se petitio… |
| 18-6263 |
Ilich Vargas v. John McMahon, et al. |
Ninth Circuit |
2018-10-09 |
Denied |
Relisted (2)IFP |
access-to-courts civil-rights civil-rights-complaint constitutional-rights due-process in-forma-pauperis judicial-discretion judicial-misconduct pleading pro-se-litigant recusal screening section-1983 standing |
Whether a district court judge and a magistrate conducting a 28 U.S.C. § 1915 IFP screening acted on an excess of discretion and beyond the limits of … |
| 18-434 |
Dawn Mosby v. Matthew G. Parilla |
New York |
2018-10-05 |
Denied |
Response Waived |
appellate-jurisdiction appellate-procedure civil-practice civil-procedure due-process judicial-discretion Judicial-review Legislative-authority legislative-intent notice-of-appeal separation-of-powers timeliness-of-appeal |
Whether the Appellate Division, Second Department, violated the New York State Constitution's separation of powers doctrine by permitting a late appea… |
| 18-439 |
Peter Janangelo v. Treasury Inspector General for Tax Administration |
Ninth Circuit |
2018-10-05 |
Denied |
Response Waived |
administrative-procedure federal-agency federal-agency-discretion foia-exemptions foia-request freedom-of-information-act glomar-response in-camera-review information-disclosure judicial-discretion national-security vaughn-index |
Whether the Treasury Inspector General for Tax Administration can invoke the 'Glomar Response' to deny a FOIA request, and under what circumstances th… |
| 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 |
| 18-6190 |
Simone Swenson v. United States |
Fifth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
berger-v-united-states brady-v-maryland brady-violation deference-to-district-court due-process fifth-circuit-review indictment-dismissal judicial-deference judicial-discretion prosecutorial-misconduct structural-error supervisory-powers |
Did the Fifth Circuit err in reinstating the indictment despite the district court's finding that the prosecutor's misconduct destroyed the integrity … |
| 18-6202 |
Amil Dinsio v. Appellate Division, Supreme Court of New York, Third Judicial Department |
Second Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-procedure appellate-review civil-procedure court-mandate discretion due-process federal-courts judicial-discretion legal-review mandate mandate-recall motion-denial recall standing |
Did the Second Circuit Court abuse its discretion when it denied the Petitioner's motion to recall the Court's mandate? |
| 18-6206 |
Jason Randall Howard v. United States |
Fourth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process judicial-discretion procedural-reasonableness sentencing sentencing-disparities sentencing-factors sentencing-guidelines substantive-reasonableness variance-sentence |
Is Howard's 457% above-guideline variance sentence procedurally unreasonable because the District Court failed to consider the need to avoid unwarrant… |
| 18-403 |
Bruce A. Shear v. MAZ Partners, LP, Individually and on Behalf of All Others Similarly Situated |
First Circuit |
2018-09-28 |
Denied |
Amici (1)Response Waived |
civil-procedure civil-rights disgorgement disgorgement-order district-court-power diversity-jurisdiction due-process equitable-power equitable-remedy erie-doctrine federal-jurisdiction judicial-discretion jury-trial jury-verdict |
When a jury finds in favor of defendant on the sole claim asserted against him, may a district court affirm the verdict but then use 'equitable power'… |
| 18-6111 |
Thompson Christopher Kyle Mandrell v. United States |
Tenth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3553a6 appellate-review criminal-procedure federal-sentencing judicial-discretion sentence-disparity sentencing-disparities sentencing-guidelines statutory-interpretation |
Whether the federal sentencing court failed to properly consider and apply 18 U.S.C. § 3553(a)(6) regarding unwarranted sentence disparities |
| 18-6092 |
Robert Dion Ables v. United States |
Fifth Circuit |
2018-09-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-appeals criminal-procedure criminal-procedure-plain-error-review empirical-analysis empirical-foundation-of-guidelines guideline-2g2.2 judicial-discretion plain-error sentencing sentencing-guidelines sentencing-policy substantive-reasonableness substantive-reasonableness-of-sentences |
Whether factual error is categorically immune from plain error review? |
| 18-6063 |
Craig Alexander v. United States |
Fifth Circuit |
2018-09-20 |
Denied |
Response WaivedIFP |
appeals criminal-history criminal-procedure disciplinary-infractions due-process judicial-discretion judicial-interpretation section-3582 sentencing sentencing-discretion sentencing-guidelines statutory-interpretation |
Whether the Supreme Court should resolve split decisions in the lower court as to how far a Judge must explain and/or elaborate on a decision to grant… |
| 18-6007 |
Valerie Louise Williams v. United States |
Fourth Circuit |
2018-09-17 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-review criminal-procedure downward-variance federal-sentencing federal-sentencing-guidelines judicial-discretion presumption-of-reasonableness sentencing sentencing-guidelines substantive-reasonableness |
Whether the Court Should Grant Certiorari to Provide Further Clarification as to the Presumption of Substantive Reasonableness for Downward Variances … |
| 18-5992 |
Amilcar C. Butler v. United States |
Sixth Circuit |
2018-09-14 |
Denied |
Response WaivedIFP |
amendment-782 commutation criminal-resentencing criminal-sentencing executive-branch executive-commutation judicial-branch judicial-discretion judicial-executive-branch-interaction mandatory-minimum sentencing-guidelines |
Does Butler's statutory mandatory minimum sentence initially imposed by the judicial branch and later commuted by the executive branch bar him from se… |
| 18-5960 |
Kenneth Gharib v. Thomas H. Casey |
Ninth Circuit |
2018-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-contempt coercive-confinement criminal-procedure due-process indefinite-confinement judicial-discretion recalcitrant-witness-statute witness-statute |
Whether the Recalcitrant Witness Statute's eighteen-month cap on coercive confinement, or a similarly objective measure, should inform the due process… |
| 18-5968 |
In Re Jose Prisciliano Gracia-Cantu |
|
2018-09-13 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-sentencing federal-appeals-court federal-courts federal-prisoner judicial-discretion mandamus mandate mandate-stay resentencing sentencing-guidelines unreasonable-sentence vacated-sentence writ-of-mandamus |
Whether a federal court of appeals can stay its mandate for more than five months, thereby keeping a federal prisoner in jail under an unreasonable se… |
| 18-5970 |
Allen D. Gorion v. United States |
Ninth Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-sentencing cruel-and-unusual-punishment due-process federal-sentencing judicial-discretion reasonableness reasonableness-standard sentencing-discretion sentencing-guidelines sentencing-reform |
Whether certiorari should be granted to set forth some guidelines in determining when a sentence is unreasonable? |
| 18-5946 |
William A. Parrish, Jr. v. Lyneal Wainwright, Warden |
Sixth Circuit |
2018-09-12 |
Denied |
Response WaivedIFP |
appellate-rights court-of-appeals due-process effective-assistance-of-counsel grand-jury-selection indigent indigent-defendant indigent-litigant judicial-discretion perjured-testimony pro-se right-to-appeal right-to-counsel self-representation speedy-trial transcript trial-transcript |
Did the State Court of Appeals have the authority to deny a pro se indigent litigant a copy of his trial transcript because he choose to represent him… |
| 18-301 |
Chieftain Royalty Company v. Charles David Nutley, et al. |
Tenth Circuit |
2018-09-07 |
Denied |
Amici (4) |
attorney-fees civil-procedure civil-rights class-action common-fund common-fund-fees diversity diversity-jurisdiction due-process federal-law inherent-power judicial-discretion state-law |
Whether common-fund fee awards are governed in diversity cases by state or federal law |
| 18-5889 |
James Ronald Welch, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-09-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion appeals appellate-procedure appellate-review civil-procedure civil-rights court-procedure criminal-procedure due-process habeas-corpus judicial-discretion judicial-review legal-review standing |
Whether the U.S. Circuit Court Judge Kevin C. Newson erred in denying Appellant's appeal |
| 18-5893 |
Dan Wayne Streetman v. United States |
Ninth Circuit |
2018-09-05 |
Denied |
Response WaivedIFP |
booker-precedent booker-v-united-states child-pornography gall-v-united-states judicial-discretion kimbrough-v-united-states policy-disagreement sentencing-commission sentencing-discretion sentencing-guidelines sentencing-uniformity separation-of-powers |
Whether a district court can refuse to apply a sentencing guideline on policy grounds where the guideline is not based on the Sentencing Commission's … |
| 18-5898 |
Armando Castillo Valerio v. United States |
Eighth Circuit |
2018-09-05 |
Denied |
IFP |
appellate-review booker circuit-split criminal-sentencing downward-departure gall judicial-discretion sentencing-guidelines standard-of-review |
Whether a district court's denial of a motion for downward departure is reviewable and the appropriate standard to apply for such review |
| 18-5875 |
John Vivo, III v. Connecticut |
Connecticut |
2018-09-04 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-provisions court-review criminal-procedure due-process judicial-discretion jurisdiction legal-procedure plain-error plain-error-doctrine state-court-review statement-of-the-case statutory-exception statutory-interpretation |
Whether the state court of last resort erred by declining to review the petitioner's request for review under the plain-error doctrine and the applica… |
| 18-5832 |
William Dixon v. William Lee, Superintendent, Eastern New York Correctional Facility |
Second Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
due-process exhaustion exhaustion-doctrine federal-court habeas-corpus ineffective-assistance-of-counsel judicial-discretion open-file-discovery procedural-stay state-court-claims stay-and-abeyance |
Whether a Federal Court Can Stay and hold in Abeyance a 28 USC § 2254 Petition for Habeas Corpus to Permit Petitioner to Exhaust Claims in State Court… |
| 18-5791 |
Robert Wharton v. Donald T. Vaughn |
Third Circuit |
2018-08-28 |
Denied |
IFP |
appellate-jurisdiction civil-procedure civil-rights constitutional-review due-process federal-law federal-laws judicial-discretion jurisdiction legal-procedure relief standing takings third-circuit |
Did the Third Circuit erroneously apply, enlarge and/or ignore several established federal laws in denying petitioner relief? |
| 18-5797 |
Carlos Gutierrez-Torres v. United States |
Ninth Circuit |
2018-08-28 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review circuit-split criminal-procedure judicial-discretion plain-error preservation-of-error sentencing sentencing-review |
Whether a defendant must re-object to the district court's explanation of its sentencing rationale to preserve the arguments for appeal |
| 18-5780 |
Peter Vincent Capra v. United States |
Tenth Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
appellate-court appellate-review certificate-of-appealability civil-procedure district-court due-process duty-to-disclose evidentiary-hearing expert-testimony final-order good-faith-defense ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jurisdiction standing |
Did the Appellate Court lack jurisdiction over the Appeal due to the fact from review of the record that the District Court had not adjudicated all of… |
| 18-5752 |
Randall B. Causey v. United States |
Seventh Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
4(a)(5) appellate-procedure civil-procedure equitable-tolling federal-rules-of-appellate-procedure incapacitation judicial-discretion legal-tolling medical-condition medical-incapacity procedural-rules standing |
Whether Equitable Tolling applies to Federal Rules Of Appellate Procedure 4(a)(5) when the Petitioner was incapacitated due to a medical condition? |
| 18-5756 |
Shondolyn Rochelle Blevins v. United States |
Fifth Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-instructions |
Did the District Court abuse its discretion when it denied the Petitioner's 28 U.S.C. 2255 motion without an evidentiary hearing? |
| 18-238 |
South Carolina v. Lamont Antonio Samuel |
South Carolina |
2018-08-23 |
Denied |
|
court-of-appeals criminal-procedure defendant-rights due-process ethics faretta-v-california judicial-conduct judicial-discretion judicial-integrity self-representation sixth-amendment unethical-conduct |
Did the South Carolina Supreme Court err when it held — in conflict with many federal courts of appeals — that a trial court may not deny a criminal d… |
| 18-5699 |
Chuck Wayne Boyd v. United States |
Eleventh Circuit |
2018-08-22 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 3553-factors 3582-modification criminal-sentencing discretion inmate-progress judicial-discretion post-sentence-history pre-sentence-history sentence-reduction sentencing-guidelines usg-amendment-782 |
Whether the court abused its discretion in denying a sentence reduction under 18 U.S.C. § 3582 and U.S.S.G. Amendment 782 without adequately explainin… |
| 18-220 |
Javier A. Carrillo, et al. v. U.S. Bank National Association, et al. |
Florida |
2018-08-21 |
Denied |
Relisted (2) |
15-usc-1635 appellate-review civil-procedure civil-procedure-appeal creditor-possession due-process judicial-discretion judicial-procedure judicial-review per-curiam rescission-right standing state-court statutory-interpretation supreme-court writ-of-possession |
Can borrowers exercise the right to rescind a transaction under 15 U.S.C. 1635(b) and require the creditor to take possession of the property within 2… |
| 18-5664 |
Chan Cheeseboro v. Little Richie Bus Service, Inc. |
Second Circuit |
2018-08-20 |
Denied |
Relisted (2)IFP |
accident-report civil-procedure deposition discovery district-court due-process evidence false-testimony judicial-discretion judicial-misconduct legal-standing standing witness witness-testimony |
Why the United States District Court for the Eastern District of New York would allow the law firm of Lewis Bris Bois Bisgaard and Smith LLP. allowed … |
| 18-5644 |
Gesner Delva, aka Ti Blan v. United States |
Second Circuit |
2018-08-17 |
Denied |
Response WaivedIFP |
18-usc-3582 appellate-review circuit-court-precedent court-of-appeals criminal-sentencing district-court due-process equal-protection judicial-discretion precedent sentence-reduction sentencing-guidelines statutory-interpretation |
Whether the Court of Appeals for the Second Circuit Contrary to Its Own Precedent Affirmed the District Court's Judgment Order Whereby Denying the Pet… |
| 18-200 |
Michigan v. Charles Damon Jones |
Michigan |
2018-08-15 |
Denied |
Response Waived |
appellate-review criminal-procedure double-jeopardy due-process inconsistent-verdicts judicial-discretion jury-confusion jury-instructions jury-nullification jury-verdict jury-verdicts legal-standard new-trial sufficiency-of-evidence trial-procedure verdict-inconsistency |
Whether the Michigan Court of Appeals erred in granting a new trial based on an inconsistent jury verdict, even though irreconcilable jury verdicts ar… |
| 18-5595 |
Keith L. Williams v. Kul Sood, et al. |
Seventh Circuit |
2018-08-15 |
Denied |
Response WaivedIFP |
8th-amendment civil-procedure civil-rights due-process eighth-amendment in-forma-pauperis judicial-discretion prisoner-rights procedural-error standing summary-judgment |
Whether court of appeals or district court abused its discretion in (8th) amendment violation claim by failing to acknowledge evidence |
| 18-5606 |
Hagop Demirjian v. United States |
Seventh Circuit |
2018-08-15 |
Denied |
Response WaivedIFP |
18-usc-3582 amendment-782 circuit-split civil-procedure criminal-procedure due-process equal-protection judicial-discretion section-3582 sentence-disparity sentencing sentencing-disparity statutory-interpretation |
Whether there is a statutory preclusion for successive §3582 motions |
| 18-197 |
E. K. Wade v. R. Alexander Acosta, Secretary of Labor, et al. |
Ninth Circuit |
2018-08-14 |
Denied |
Response Waived |
administrative-law civil-procedure civil-rights constitutional-law constitutional-rights department-of-labor due-process federal-courts federal-tort-claims-act judicial-discretion pre-filing-order preliminary-injunction ripeness standing title-vii |
Whether Petitioner, at the time of his personal injuries, was a private citizen and not an employee subject to exclusive remedy under Title VII |
| 18-5554 |
Carlos Troche-Alvarado v. United States |
First Circuit |
2018-08-13 |
Denied |
Response WaivedIFP |
18-U.S.C-3553 18-usc-3553 above-guidelines-sentence adequate-explanation appellate-review criminal-sentencing district-court-discretion erroneous-factual-basis judicial-discretion procedural-reasonableness prosecution-recommended-sentence sentencing-factors sentencing-guidelines statutory-interpretation |
Whether a sentencing court violates 18 U.S.C. § 3553 when it imposes an above-Guidelines sentence, which also exceeds the prosecution's recommended se… |
| 18-5568 |
Carline Curry v. City of Mansfield, Ohio, et al. |
Ohio |
2018-08-13 |
Denied |
Response WaivedRelisted (2)IFP |
bad-faith civil-procedure civil-rights constitutional-provisions court-procedure due-process judicial-discretion jurisdiction jurisdictional-challenge opinions-below patent procedural-defect standing summary-judgment takings |
Whether the lower court erred in its interpretation of the relevant constitutional and statutory provisions |
| 18-5550 |
Mario Lopez-Pacheco v. United States |
Ninth Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure civil-rights due-process executive-power immigration immigration-review judicial-discretion mendoza-lopez-standard noncitizen-rights prejudice standing statutory-interpretation |
Whether a noncitizen who is not afforded the opportunity to apply for available relief has suffered prejudice |
| 18-5551 |
In Re Rafael A. Joseph |
|
2018-08-10 |
Dismissed |
IFP |
administrative-law administrative-procedure civil-procedure court-of-appeals due-process judicial-discretion judicial-misconduct judicial-oversight jurisdiction malfeasance mandamus nonfeasance oversight |
Can the Circuit & Court of Appeals Executive refuse to refer my petition for reconsideration; Clerk Court of Appeals refuse to docket my motions to sh… |
| 18-176 |
Conestoga Trust Services, LLC, as Trustee of the Conestoga Settlement Trust, dated May 1, 2010 v. Sun Life Assurance Company of Canada |
Sixth Circuit |
2018-08-09 |
Denied |
|
civil-procedure direct-evidence disinterested-witness evidence judicial-discretion material-fact material-facts nonmovant reasonable-jury reasonable-jury-standard summary-judgment witness-credibility |
Whether a court may weigh and discredit direct evidence from a disinterested witness that would prove a material fact, under the guise of applying the… |
| 18-5490 |
Mark Madison Lowe v. Virginia Department of Corrections |
Fourth Circuit |
2018-08-08 |
Denied |
Response WaivedIFP |
14th-amendment 4th-amendment 5th-amendment 6th-amendment 8th-amendment constitutional-rights due-process judicial-discretion sixth-amendment stun-belt trial-procedure |
Whether the imposition of a RACC Stun belt with secret instructions to compel testimony, alter testimony, and remain silent during trial infringed upo… |
| 18-5476 |
Abdul Hakiym Ismaiyl v. Fatimah D. Brown, et al. |
Sixth Circuit |
2018-08-07 |
Denied |
IFP |
abuse-of-discretion civil-procedure civil-procedure-52 clearly-erroneous due-process fabricated-facts fact-finding judicial-discretion pleadings rule-12b6 rule-52 rule-60 |
Whether the fact-finding process under Fed. R. Civ. P. 52 permits a court to fabricate or use fabricated facts not found in the pleadings, altering th… |
| 18-160 |
Charles G. Kinney v. United States Court of Appeals for the Ninth Circuit |
Ninth Circuit |
2018-08-06 |
Denied |
Response Waived |
abuse-of-discretion civil-rights civil-rights-violation civil-rights-violations due-process first-amendment hobbs-act honest-services judicial-discretion pre-filing-order prosecutorial-acts prosecutorial-misconduct |
Did this Ninth Circuit panel abuse its discretion in issuing a global pre-filing review order against Kinney? |
| 18-5469 |
Chad Allen Dorton v. United States |
Sixth Circuit |
2018-08-06 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure district-court due-process judicial-discretion obstruction-of-justice offense-enhancement sentencing-guidelines sixth-amendment standard-of-review |
Did the district court err in applying the sentencing guidelines offense enhancement for obstruction of justice? |
| 18-5471 |
Roman Gabriel Contreras v. United States |
Ninth Circuit |
2018-08-06 |
Denied |
Response WaivedIFP |
appellate-procedure civil-procedure civil-procedure-rules constitutional-rights dog-sniff due-process federal-rules-of-appellate-procedure judicial-discretion precedent probable-cause procedural-rules search-and-seizure standing vagueness |
Does the Appellate Court need to follow rules? Or are they allowed to circumvent established procedure? |
| 18-5451 |
Charles M. Steele v. Charlotte Jenkins, Warden, et al. |
Sixth Circuit |
2018-08-03 |
Denied |
IFP |
access-to-courts appellate-procedure civil-procedure civil-rights court-access due-process filing-fees in-forma-pauperis indigent-plaintiff judicial-discretion prisoner-rights sua-sponte-dismissal |
Whether the Sixth Circuit Court of Appeals erred in sua sponte dismissing the plaintiff's appeal for non-payment of filing fees when the plaintiff lac… |
| 18-5409 |
In Re Daniel Riley |
|
2018-08-01 |
Denied |
Response WaivedIFP |
appellate-review civil-rights drug-reimbursement due-process erisa-preemption habeas-corpus judicial-discretion pharmacy-benefit-managers rate-regulation sentencing state-regulation statutory-interpretation supervisory-authority supreme-court-precedent time-limitation time-limits Whether the Eighth Circuit erred in holding that A |
Whether the First Circuit Court of Appeals has abused its discretion by failing to decide petitioner's application for permission to file a second or … |
| 18-131 |
Troy Lyndon v. Securities and Exchange Commission |
Ninth Circuit |
2018-07-31 |
Denied |
Response Waived |
agency-action agency-authority agency-enforcement civil-enforcement civil-procedure civil-rights discovery due-process evidence-withholding exculpatory-evidence judicial-discretion settlement-agreement |
Did the District Court err in allowing an agency of the United States to contest and withhold exculpatory evidence when prosecuting a civil enforcemen… |
| 18-5397 |
Alejandro Parra-Ramos v. United States |
Ninth Circuit |
2018-07-30 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-prejudice due-process government-misconduct judicial-discretion plain-error plea-agreement plea-agreement-breach prejudice prosecutorial-breach sentencing sentencing-guidelines sentencing-recommendation sentencing-variance upward-variance |
whether a defendant suffers prejudice when the government breaches a plea agreement by calling its agreed-upon recommendation irrational, and the cour… |
| 18-5358 |
Brigitte Reynolds v. Anthony Stewart, Warden, et al. |
Sixth Circuit |
2018-07-26 |
Denied |
Response WaivedIFP |
access-to-court access-to-courts civil-procedure civil-rights district-court-dismissal due-process equal-protection judicial-discretion pro-se-plaintiff procedural-prejudice retaliation sixth-circuit-review standing summary-judgment |
Whether the district court improperly decided disputed factual issues and dismissed the case with prejudice, and whether the Sixth Circuit Court impro… |
| 18-5336 |
Ventron Vaneke Lott v. Patrick Warren, Warden |
Sixth Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence ineffective-assistance-of-counsel judicial-discretion michigan-law sentencing-guidelines sixth-amendment |
Whether the trial court erred in sentencing the petitioner under the restrictions of OV-1 and OV-2 of the Michigan Sentencing Guidelines in violation … |
| 18-5301 |
Cahlan Clay v. United States |
Eighth Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
compulsory-process confrontation-clause criminal-defense criminal-procedure cross-examination defendant-rights defense-strategy due-process evidence fair-trial judicial-discretion jury-instructions jury-trial trial-procedure witness-examination |
Whether a court may dictate the manner by which a defendant presents his case to the jury by forcing defense counsel to rely exclusively on the cross-… |
| 18-5308 |
O'Neil Anthony Harris v. United States |
Eleventh Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
advisory-guidelines congressional-intent guideline-amendment judicial-discretion sentence-enhancement sentencing-factors sentencing-guidelines sentencing-reform upward-variance |
Whether a district court disregards congressional intent and imposes an unreasonable sentence when it applies an upward variance to the advisory sente… |
| 18-95 |
Kyrt M. Wentzell, et al. v. BP America, Incorporated, et al. |
Fifth Circuit |
2018-07-20 |
Denied |
Response WaivedRelisted (2) |
appellate-jurisdiction civil-procedure civil-procedure-appeal deepwater-horizon dismissal due-process fifth-circuit judicial-discretion mdl-procedure multidistrict-litigation oil-spill procedural-compliance standing timeliness |
Whether the Court of Appeals erred in holding that the petitioners' appeal to the Fifth Circuit was not timely filed |
| 18-5247 |
James McCray v. S. L. Burt, Warden |
Sixth Circuit |
2018-07-18 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-violation criminal-procedure due-process judicial-discretion jury-trial minimum-sentence plea-bargaining reasonable-doubt sentencing-guidelines sixth-amendment |
Whether the Sixth Circuit decision is objectively unreasonable as a matter of due process, because McCray's sentencing guidelines offense variable(s) … |
| 18-68 |
Marie Conforto v. Richard V. Spencer, Secretary of the Navy, et al. |
Ninth Circuit |
2018-07-12 |
Denied |
Response Waived |
appeals-court appellate-procedure civil-procedure due-process federal-government judicial-discretion notice procedural-fairness standing sua-sponte |
Whether an appeals court deciding a case sua sponte without hearing or chance to respond violates due process |
| 18-5188 |
James Wilks v. United States |
Fifth Circuit |
2018-07-11 |
Denied |
Response WaivedIFP |
18-usc-3553(a) abuse-of-discretion district-court judicial-discretion plain-error plainly-unreasonable revocation revocation-sentence sentencing sentencing-factors supervised-release unreasonable-sentence |
Whether the district court imposed a plainly unreasonable revocation sentence by failing to properly balance the sentencing factors under 18 U.S.C. § … |
| 18-5209 |
Michael Barrett v. United States |
Fifth Circuit |
2018-07-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal appellate-procedure attorney-client-relationship conflict-of-interest constructive-denial-of-counsel impermissible-risk ineffective-assistance-of-counsel judicial-discretion professional-ethics professional-responsibility right-to-counsel standard-of-review |
Does it create a conflict of interest for a lawyer to have to argue on appeal that the trial court should have replaced him? Can this create an imperm… |
| 18-45 |
David Louis Whitehead v. Netflix, et al. |
Fifth Circuit |
2018-07-09 |
Denied |
|
appellate-process civil-procedure-subpoena civil-rights due-process federal-judge judicial-bias judicial-discretion marbury-v-madison pecuniary-interest standing subpoena subpoena-violation |
Whether Petitioner's case relating to Federal Judge violating the subpoena issue allows him to by-pass the appellate process to petition the Supreme C… |
| 18-22 |
Young Sung Lee, et al. v. Katelyn Garvey |
Second Circuit |
2018-07-05 |
Denied |
|
civil-procedure directed-verdict diversity-jurisdiction federal-courts judicial-discretion meniscus-injury new-york-insurance-law new-york-law permanent-injury personal-injury rule-50-dismissal rule-50(a) rule-50a serious-injury-threshold state-law-interpretation summary-judgment |
Whether the Magistrate Judge erred in granting a Rule 50(a) motion for directed verdict |
| 18-29 |
Shailendra Bhawnani, et al. v. United States District Court for the Eastern District of New York, et al. |
Second Circuit |
2018-07-05 |
Denied |
|
criminal-procedure criminal-restitution fraud judicial-discretion legal-scope mandatory-victims-restitution-act restitution statutory-interpretation victim-compensation victim-definition |
Whether the definition of 'victim' under the Mandatory Victims Restitution Act, 18 U.S.C. 3663A(a)(2), includes all victims directly and proximately h… |
| 18-5119 |
Ambrose King v. Mary King |
Maryland |
2018-07-05 |
Denied |
Relisted (2)IFP |
appeal-dismissal appeals award civil-procedure dismissal due-process judicial-discretion monetary-award procedural-due-process standing substantive-due-process vacatur |
Did the lower court violate substantive and procedural due process in not vacating the dismissal of the appeal? |
| 18-5133 |
Peyton John Wesley Hopson v. Stark County, Ohio, et al. |
Sixth Circuit |
2018-07-05 |
Denied |
IFP |
amendment certification civil-procedure civil-rights due-process federal-rules-of-civil-procedure forma-pauperis in-forma-pauperis judicial-discretion manifest-injustice pro-se standing |
Whether the district court's failure to state its reasons for certifying that the petitioner could not proceed in forma pauperis in good faith, along … |
| 18-5135 |
Mark Francis Honish v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-07-05 |
Denied |
Response RequestedRelisted (3)IFP |
abuse-of-discretion certificate-of-appealability due-process federal-procedure fifth-circuit habeas-corpus ineffective-assistance-of-counsel judicial-discretion statute-of-limitations statutory-interpretation time-limitation tolling |
Was Honish's first state habeas writ 'application' properly filed within the meaning of 28 U.S.C. §2244(d)(2), and required to be tolled? |
| 18-5144 |
Julio Gutierrez-Jaramillo v. Warden, FCI Gilmer |
Fourth Circuit |
2018-07-05 |
Denied |
Response WaivedIFP |
18-usc-3585 bureau-of-prisons bureau-of-prisons-program-statement criminal-procedure due-process extradition federal-bureau-of-prisons foreign-detention judicial-discretion sentencing sentencing-credit sentencing-guidelines time-credit time-served united-states-v-wilson |
Whether prior credit for time held in foreign detention can only be given by the Federal Bureau of Prisons and not by the district court at sentencing |
| 18-5081 |
Alvin Leroy Morton v. Florida |
Florida |
2018-07-03 |
Denied |
IFP |
binding-precedent capital-sentencing criminal-procedure death-penalty death-penalty-sentencing federal-constitutional-rights judicial-discretion jury-instructions jury-responsibility jury-role sentencing-procedure structural-error unanimous-verdict |
Whether structural error occurs when the jury fails to return a verdict as to multiple critical elements necessary to impose the death penalty |
| 18-5108 |
Jaime Davila-Reyes, aka Peluche, aka Pai, aka Jaime, aka Chezina v. United States |
First Circuit |
2018-07-03 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-sentencing dismissed-charges due-process judicial-discretion preponderance-of-evidence sentencing sentencing-reasonableness substantive-reasonableness unproven-allegations |
Whether Petitioner's sentence was substantively unreasonable because the district court violated due process when it enhanced Petitioner's sentence ba… |
| 18-5089 |
Kevin Khaaliq Beamon v. United States |
Fourth Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
18-usc-3553(a) criminal-history criminal-procedure criminal-sentencing due-process judicial-discretion sentencing-guidelines sentencing-upon-revocation sentencing-variance substance-addiction supervised-release upward-variance |
Whether a district court may impose a significant upward variance at sentencing upon revocation of supervised release on an individual who had never b… |
| 18-4 |
Samuel Giancarlo, et al. v. UBS Financial Services, Inc., et al. |
Fifth Circuit |
2018-06-29 |
Denied |
Response Waived |
amendment amendment-request civil-procedure class-action dismissal due-process judicial-discretion litigation-delay manifest-injustice motion-to-dismiss pleading-standards procedural-errors securities-litigation standing |
Whether manifest injustice results from the errors associated with the district court's dismissal of Petitioners' complaint, the errors of the appella… |
| 18-5032 |
Ramon Vasquez v. City of Reading, Pennsylvania, et al. |
Pennsylvania |
2018-06-28 |
Denied |
IFP |
access-to-courts civil-procedure constitutional-rights due-process filing-deadlines habeas-corpus houston-v-lack judicial-discretion nunc-pro-tunc prisoner-filing pro-se standing sua-sponte-dismissal |
Whether the state Supreme Court's decision to deny Vasquez's petition for Allowance of Appeal 'Nunc Pro Tunc' conflicts with the Supreme Court's prece… |