law-of-the-case
36 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-7431 | Keisha Reynolds v. HNS Management Co., Inc., dba CTTransit, et al. | Second Circuit | 2025-06-16 | Denied | Response WaivedIFP | court-appointed-attorney law-of-the-case second-circuit stare-decisis summary-judgment vested-right | 1. Whether Hodge v. Police Officers , 802 F.2d 58, 60 (2d Cir. 1986) creates a vested right when petitioner has previously benefited from a court appo… |
| 23-7613 | Tre' Anthony James v. Louisiana | Louisiana | 2024-06-03 | Denied | IFP | appellate-review due-process factual-sufficiency jackson-standard jackson-v-virginia law-of-the-case legal-sufficiency new-trial | Is it reversible error when an appellate court overturns a trial court's grant of a new trial when, first, the decision to grant or deny a motion for … |
| 23-6706 | Ohio, ex rel. Lonnie Rarden v. Court of Common Pleas of Ohio, Butler County, et al. | Ohio | 2024-02-08 | Denied | Response WaivedIFP | criminal-procedure faretta-v-california fundamental-error johnson-v-zerbst law-of-the-case res-judicata right-to-counsel sixth-amendment trial-court-jurisdiction waiver-of-counsel | Does this Court no longer recognize this Court's long standing precedent in Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938), that… |
| 23-6043 | Dwaun Jabbar Guidry v. United States | Fifth Circuit | 2023-11-17 | Denied | Response WaivedIFP | civil-procedure discretionary-review due-process federal-question law-of-the-case supreme-court-precedent | Petitioner, DWAUN JABBAR GUIDRY, submits the Fifth Circuit Court of Appeals' ("Fifth Circuit") denial of relief was a violation of due process because… |
| 23-5603 | Gilbert Edwin v. Clean Harbors Environmental Services Inc. | Fifth Circuit | 2023-09-15 | Denied | IFP | circuit-split civil-procedure hostile-work-environment interlocutory-orders law-of-case law-of-the-case racial-discrimination reconsideration rule-54(b) rule-54b time-limitations workers-compensation | This appeal presents this Court with an opportunity to resolve an conflict in the Circuits concerning the construction of Fed.R.Civ.P. 54(b), namely w… |
| 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? |
| 23-53 | Frederick Bates v. City of San Jose, California, et al. | Ninth Circuit | 2023-07-21 | Denied | Response Waived | access-to-courts collateral-estoppel constitutional-rights due-process frcp-60 law-of-the-case miscarriage-of-justice ninth-circuit res-judicata | Whether the Ninth Circuit's ruling affirming the district court's dismissal of Petitioner's independent action on the basis of collateral estoppel and… |
| 23-5119 | Nawllah Shayanne Tiger v. Oklahoma | Oklahoma | 2023-07-17 | Denied | Response RequestedRelisted (2)IFP | federal-jurisdiction law-of-the-case major-crimes-act mcgirt-precedent mcgirt-v-oklahoma postconviction-relief retroactivity state-procedural-law subject-matter-jurisdiction tribal-jurisdiction | 1. Was the Oklahoma court's decision to approve reinstating Ms. Tiger's convictions based on such a novel and unforeseeable change in state procedural… |
| 22-7773 | Belkis Soca-Fernandez, et al. v. United States | Sixth Circuit | 2023-06-13 | Denied | Response WaivedIFP | check-and-balance civil-rights conspiracy-statute constitutional-protection due-process interstate-commerce judicial-administration judicial-review law-of-the-case legal-inconsistency sentencing-enhancement separation-of-powers | I. Will jurists of reason find debatable the application of a double standard of law, by the Government's arguing of two opposite interpretations of t… |
| 22-6091 | Brian J. Dorsey v. David Vandergriff, Warden | Eighth Circuit | 2022-11-17 | Denied | IFP | capital-sentencing certificate-of-appealability evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel law-of-the-case martinez-v-ryan procedural-default sixth-amendment | More than four decades ago, this Court held that it is crucial that the jury be allowed to hear evidence of a defendant's positive adjustment to priso… |
| 22-5757 | Alvin Dalton v. Craig Koenig, Acting Warden | Ninth Circuit | 2022-10-05 | Denied | IFP | access-to-courts civil-rights due-process law-of-the-case liberty-interests mandatory-language | fom phares substituting as state's statute. .S pr1srs oe a by the "mandatory language" test. t t f and pen onea the pen tnn |
| 22-72 | Jerald Hammann v. Wells Fargo Bank, N.A. | Minnesota | 2022-07-26 | Denied | Response Waived | appellate-review civil-procedure constitutional-rights dismissal-with-prejudice due-process judicial-procedure law-of-case law-of-the-case lower-court-jurisdiction rule-60.02 | The first question presented is whether a lower court is obligated to abide by the law of the case even if it claims the appellate court erred. The… |
| 21-7871 | Clifton D. Harvin v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-05-13 | Denied | IFP | actual-innocence aedpa aedpa-limitations certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel law-of-case law-of-the-case | Did the the United States Court of Appeals for the Fifth Circuit impose an improper and unduly burdensome Certificate of A Appealability standard that… |
| 20-1321 | John Ching En Lee v. United States | Ninth Circuit | 2021-03-23 | Denied | Response WaivedRelisted (2) | 18-usc-1001 6th-amendment certificate-of-appealability due-process ineffective-assistance ineffective-assistance-of-counsel law-of-the-case materiality sixth-amendment | Whether Petitioner is entitled to a Certificate of Appealability since he has made a substantial showing that he was denied Due Process under the Due … |
| 20-6256 | Elet Valentine v. The PNC Financial Services Group, Inc., et al. | Tenth Circuit | 2020-11-09 | Denied | IFP | amendment civil-procedure dismissal federal-rules-of-civil-procedure interlocutory-appeal jurisdiction jurisdictional-transfer law-of-the-case motion-to-dismiss service-of-process | DID THE DISTRICT COURT ERR IN CONTINUING TRIAL COURT PROCEEDINGS WHEN IT WAS DIVESTED OF JURISDICTION ON JANUARY 8, 2019, AND CONFERRED TO THE TENTH C… |
| 20-5431 | Walter Ackerman v. United States | Tenth Circuit | 2020-08-21 | Denied | Response WaivedIFP | appellate-procedure civil-procedure due-process fourth-amendment good-faith-exception law-of-the-case waiver warrantless-search | I. Did the Tenth Circuit err under the law of the case doctrine when it permitted the government to raise in a second appeal a claim the government wa… |
| 20-112 | Sherry Hernandez v. PNMAC Mortgage Opportunity Fund Investors, LLC, et al. | California | 2020-08-03 | Denied | Relisted (2) | due-process fourteenth-amendment fraudulent-documents judicial-notice law-of-case law-of-the-case mers-system notice wrongful-foreclosure | Did the California Superior Court and the Court of Appeal deprive Petitioner of her right to Due Process guaranteed by the Fourteenth Amendment, by Re… |
| 20-52 | Yeitza Marie Aponte-Bermudez v. Eligio Colón, et al. | First Circuit | 2020-07-22 | Denied | Response Waived | civil-procedure due-process expert-testimony federal-courts judgment-as-a-matter-of-law jury-evaluation jury-trial law-of-the-case rule-50 | 1. May a federal district court consistent with this Court's "the law of the case" doctrine grant judgment asa matter of law under Fed. R. Civ. P. 50(… |
| 19-7532 | Travis Welsh v. Florida | Florida | 2020-02-03 | Denied | IFP | 14th-amendment 3.850-motion 8th-amendment capital-sexual-battery civil-procedure due-process habeas-corpus law-of-the-case motion-filing petition standing void-for-vagueness | I. DID THE COURTS REFUSAL TO ACCEPT THE TIMELY 3.850 MOTION FILING BECAUSE IT DID NOT IDENTIFY THE CIRCUIT COURT IN THE CERTIFICATION OF SERVICE VIO… |
| 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 a trial court may depart from the law of the case on an evidentiary ruling after a mistrial when the initial legal ruling was not clearly erro… |
| 19-944 | Scott A. Seldin v. Theodore M. Seldin, et al. | Eighth Circuit | 2020-01-28 | Denied | Response Waived | arbitration civil-procedure functus-officio jurisdiction jurisdictional-bar law-of-the-case mandate-rule rule-of-mandate statutory-interpretation trust-accounting | 1. Whether the court of appeals erred in affirming the district court's dismissal of a narrow statutory trust accounting action, which was based on fi… |
| 19-482 | ASAP Copy and Print, et al. v. Canon Solutions America, Inc. | California | 2019-10-15 | Denied | Response Waived | civil-procedure-28-usc-1446 civil-rights-act-of-1866 due-process judicial-immunity law-of-the-case recusal recusal-requirement removal-procedure removal-statute state-court-jurisdiction supremacy-clause | 1. Whether in conflict with the clear authority of this court California's common law concept of "law of the case" may defeat the command of 28 U.S.C.… |
| 19-6127 | Steven Justin Villalona v. United States | Eleventh Circuit | 2019-10-02 | Denied | Response WaivedRelisted (2)IFP | certificate-of-appealability conflict-of-interest counsel-concession ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings law-of-the-case mootness plain-error presumption-of-prejudice substantial-rights | (1) What effect, if any, does a concession made by the U.S. on an ineffective assistance of counsel claim have on the court's ability to ajudicate the… |
| 19-5450 | Paul Suarez v. United States | Fifth Circuit | 2019-08-06 | Denied | Response WaivedIFP | 18-usc-924c appeal conviction criminal-conviction criminal-procedure drug-trafficking firearm-offense jury-unanimity law-of-the-case legal-sufficiency manifest-injustice sufficiency-of-evidence | 1) DID THE PANEL ERR BY HOL DING THAT THE "LAW OF THE CASE" GOVERNED ITS DECI SION IN HOLDING THAT THE EVIDENCE WAS LEGALLY SUFFICIENT TO SUSTAIN THE … |
| 19-5215 | Lowrell Neal v. United States | Sixth Circuit | 2019-07-19 | Denied | Response WaivedIFP | 2255-motion appellate-review circuit-court clearly-erroneous criminal-procedure habeas-corpus law-of-the-case manifest-injustice procedural-error sixth-circuit | 1. RESULTED IN A MANIFEST INJUSTICE? 2. DID THE SIXTH CIRCUIT ERR BY DENYING PETITIONER'S MOTION TO EXPAND COA ISSUES TO INCLUDE A CLAIM THE DISTRICT… |
| 18-1370 | Joanna Burke, et vir v. Deutsche Bank National Trust Company | Fifth Circuit | 2019-05-01 | Denied | Response Waived | appellate-review assignment clear-error due-process fifth-circuit impartial-tribunal judicial-bias judicial-error law-of-the-case law-of-the-case-doctrine lender-income-fraud manifest-injustice nominee published-opinion | Whether the Court of Appeals for the Fifth Circuit correctly applied the well-established exception to the law-of-the-case doctrine for appellate deci… |
| 18-8903 | Owen W. Barnaby v. Bret Witkowski, et al. | Sixth Circuit | 2019-04-18 | Denied | IFP | civil-rights collateral-estoppel constitutional-rights due-process equal-protection federal-procedure fourteenth-amendment fraud law-of-the-case res-judicata | Should Res judicata and Collateral, Estoppel Doctrines be able to Barr an Independent or an Original Action in Federal Court when; the Defendants Witt… |
| 18-1286 | Brian D. Baur v. Pennsylvania | Pennsylvania | 2019-04-10 | Denied | Response Waived | castle-doctrine chain-of-custody civil-procedure civil-rights constitutional-rights due-process evidence-preservation ineffective-counsel law-of-the-case prosecutorial-misconduct reassignment sentencing standing use-of-force | 1. Whether the Law of the Case Doctrine is an issue in this case since two Judges have made rulings concerning the Constitutional Rights of the Pet… |
| 18-8647 | Amilcar C. Butler v. United States | Sixth Circuit | 2019-04-01 | Denied | Response WaivedIFP | binding-authority circuit-court civil-procedure dicta judicial-precedent law-of-case law-of-the-case panel-opinion precedent sixth-circuit | Is The Dicta Of A Prior Sixth Circuit Panel Opinion Law Of The Case And Remain Binding On Any Other Panel, Despite Error. |
| 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 IT'S DISCRETION BY NOT ALLOWI… |
| 18-8239 | Negus Thomas v. United States | Second Circuit | 2019-03-04 | Denied | Response WaivedIFP | appellate-review court-of-appeals criminal-procedure crosby-remand district-court intervening-change-in-law jacobson-remand law-of-the-case law-of-the-case-doctrine manifest-injustice new-evidence reasonableness reasonableness-review resentencing sentencing | On a Crosby remand, the district court decided not to resentence the defendants. On a Jacobson remand, the district court again decided not to resente… |
| 18-756 | William Gittere, Warden, et al. v. Jose Lorente Echavarria | Ninth Circuit | 2018-12-13 | Denied | aedpa compensatory-bias due-process federal-review habeas-corpus judicial-bias judicial-misconduct law-of-the-case | 1. Whether the Nevada Supreme Court's application of the law of the case in the state habeas appeal was an adjudication of Echavarria's compensatory b… | |
| 18-5966 | Joseph Faulkner v. United States | Seventh Circuit | 2018-09-13 | Denied | Response WaivedIFP | criminal-prosecution double-jeopardy fifth-amendment law-of-case-doctrine law-of-the-case prosecution sentencing sentencing-enhancement uncharged-conduct witte-v-united-states | (1) Whether the use of uncharged conduct to increase a sentence means the conduct was used to punish, and a subsequent prosecution for the same conduc… |
| 18-5542 | Stephen Mayer v. United States | Eleventh Circuit | 2018-08-10 | Denied | Response WaivedIFP | appellate-review civil-procedure criminal-procedure due-process forfeiture fraud judicial-procedure law-of-the-case prosecutorial-fraud prosecutorial-misconduct remand vacatur | Whether when, an Appellate court vacates a forfeiture order on direct appeal 'having found only partial of the District Court's trial order was valid … |
| 18-5357 | Michael C. Redifer v. United States | Tenth Circuit | 2018-07-26 | Denied | Response WaivedIFP | congressional-legislation criminal-procedure due-process kastigar-doctrine law-of-the-case rules-enabling-act supreme-court-precedent supreme-court-precedents | Does the Rules Enabling Act, 28 USCS § 2071 et seq., preclude a Court from invoking the law of the case doctrine against a defendant in a criminal pro… |
| 18-5148 | Marcus Blalock v. Ohio | Ohio | 2018-07-06 | Denied | Response WaivedIFP | actual-innocence appellate-review confrontation-clause due-process law-of-case law-of-the-case new-evidence new-trial newly-discovered-evidence prosecutorial-misconduct right-to-due-process | WHETHER PETITIONER WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW; WHEN THE TRIAL COURT FAILED TO FOLLOW THE LAW OF THE CASE DOCTRINE FROM A PREVIOUS APPE… |