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 Whether Hodge v. Police Officers creates a vested right for court-appointed attorney under stare decisis or Law of the case doctrine
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 an appellate court's reversal of a trial court's grant of a new trial reviewable?
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 the right to counsel under Johnson v. Zerbst?
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 Whether the Fifth Circuit's denial of relief violated due process by determining the law of the case doctrine was controlling despite the parties' app…
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 Whether the law of the case doctrine precludes a successor judge's reconsideration of prior interlocutory orders absent some altered circumstance, and…
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 dismissal conflicts with SCOTUS precedent on FRCP 60 and independent actions
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 Was the Oklahoma court's decision to approve reinstating Ms. Tiger's convictions based on such a novel and unforeseeable change in state procedural la…
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 Will jurists of reason find debatable the application of a double standard of law, by the Government's arguing of two opposite interpretations of the …
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 Whether the law-of-the-case doctrine prohibits a court from changing its previous ruling on the same question later during the course of litigation
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 Whether prisoners are entitled to have their permanent records free from falsified legal documents, legal enhancement errors, and phrases substituting…
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 Whether a lower court is obligated to abide by the law of the case even if it claims the appellate court erred
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 United States Court of Appeals for the Fifth Circuit impose an improper and unduly burdensome Certificate of Appealability standard?
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
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 Question not identified
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 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 waive…
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 May a federal district court consistent with the law-of-the-case doctrine grant judgment as a matter of law under Fed. R. Civ. P. 50(a) to respondents…
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 Did the court's refusal to accept the timely 3.850 motion filing because it did not identify the circuit court in the certification of service violate…
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
19-944 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 Whether the court of appeals erred in affirming the district court's dismissal of a narrow statutory trust accounting action
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 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 What effect does a concession on ineffective assistance of counsel have on the court's ability to adjudicate the merits?
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 Did the panel err by holding that the 'law of the case' governed its decision in holding that the evidence was legally sufficient to sustain the petit…
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 Did the Sixth Circuit err by holding the district court properly applied the law-of-the-case to an issue presented in 2255 motion when prior appellate…
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 Whether res judicata and collateral estoppel doctrines should bar an independent or original action in federal court when the defendants employed frau…
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 Whether the Law of the Case Doctrine is an issue in this case
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 its discretion by not allowin…
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 Whether the district court erred in declining to resentence the defendant-Petitioner on remand
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 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 bias…
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 Whether the use of uncharged conduct to increase a sentence means the conduct was used to punish, and a subsequent prosecution for the same conduct sh…
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 the finding of fact prior to vacating the forfeiture order becomes 'Law-of-the-Case' upon remand
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 preclude a court from invoking the law of the case doctrine against a defendant in a criminal proceeding when the law of t…
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 when the trial court failed to follow the law of the case doctrine from a previous appeal, deni…