manifest-injustice

54 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6767 Mario A. Manborde v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2026-02-10 Pending Response WaivedIFP constitutional-law due-process federal-law judicial-review manifest-injustice unreasonable-determination I. Is There a Constitutional Cure For Manifest Injustice? II. Was There An Unreasonable Application of Clearly Established Federal Laws Upon An Unrea…
25-5571 Thurmond R. Guess, Sr. v. Daniel Coble, Judge, Circuit Court of South Carolina, Richland County, et al. Fourth Circuit 2025-09-08 Denied Response WaivedIFP civil-rights constitutional-rights district-court-procedure fourth-circuit-appeal manifest-injustice rule-59-motion 1. Did the United State District Court of Columbia South Carolina and the Fourth Circuit Court of Appeals err Under Rule 59 E, on Motion to Alter or A…
25-5480 Sean L. Hagins v. United States Third Circuit 2025-08-27 Pending Response RequestedResponse WaivedRelisted (2)IFP circuit-precedent compassionate-release extraordinary-circumstances legal-error manifest-injustice sentence-classification 1) Did the Third Circuit Court of Appeals err by failing to address the misapplication of binding circuit precedents in Sean L. Hagins* Motion for com…
24-6970 Brian Kerry O'Keefe v. Eighth Judicial District Court of Nevada, Clark County, et al. Nevada 2025-04-11 Denied IFP appellate-authority constitutional-duty federal-jurisdiction manifest-injustice supremacy-clause trial-court Whether the Supremacy Clause justifies a stay once the trial court had been provected and whether a state court of last resort maintains a constitutio…
24-6926 Elijah Bankston, aka Tommy Lee v. Florida Florida 2025-04-03 Denied Response WaivedIFP appellate-procedure due-process habeas-corpus ineffective-assistance jury-separation manifest-injustice Whether appellate counsel's failure to challenge jury separation constitutes ineffective assistance of counsel and a manifest injustice under Strickla…
23-7845 Kenneth Jackson, Jr. v. United States Sixth Circuit 2024-07-02 GVR Relisted (2)IFP appeals civil-procedure clearly-erroneous court-of-appeals manifest-injustice prior-decision Whether the court of appeals erred in finding that its prior decision was not clearly erroneous and would work a manifest injustice?
23-6460 Richard C. Duerson v. United States Sixth Circuit 2024-01-11 Denied Response WaivedIFP conspiracy criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel manifest-injustice newly-discovered-evidence pro-se rule-33 sixth-amendment supervisory-power whether-rule-33-criteria-override
23-6311 David Clum, Jr. v. United States Eleventh Circuit 2023-12-20 Denied Response WaivedRelisted (2)IFP appellate-review circuit-court civil-procedure due-process judicial-review manifest-injustice miscarriage-of-justice supervisory-powers writ-of-certiorari Should this court grant the writ where it is shown from the record that the Eleventh Circuit Court of Appeals has so far departed from the accepted an…
23-6214 Sealed v. Sealed Florida 2023-12-11 Denied Relisted (3)IFP appellate-procedure constitutional-rights due-process equal-protection fair-proceeding judicial-review manifest-injustice parental-rights Does the decision of the Florida State Courts to deny the Petitioner opportunity for belated appeal of the Lower Court's decision to terminate her par…
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 …
23-5559 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
23-5349 Elbert Johnson v. Florida Florida 2023-08-14 Denied IFP conflict-of-interest due-process illegal-sentence judicial-bias judicial-conflict legal-error manifest-injustice sentencing trial-court witness-testimony Whether a circuit court judge's dual role as a witness and sentencer in the same case creates a conflict and reversible error when the judge imposes a…
22-7712 Gustavo Xavier v. Patricia Thompson, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2023-06-05 Denied IFP coerced-confession due-process ineffective-assistance ineffective-assistance-of-counsel manifest-injustice murder-weapon right-to-effective-counsel suppression-of-evidence third-circuit-review trial-counsel Whether the Third Circuit erred in finding that Xavier was not prejudiced by his trial counsel's failure to conduct any type of investigation knowing …
22-7555 Tyrell Rakeem Mobley v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-05-16 Denied Response WaivedIFP actual-innocence civil-rights due-process habeas-corpus manifest-injustice standing Whether the petitioner's constitutional rights were violated due to manifest injustice
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…
22-6757 In Re Louis Matthew Clements 2023-02-10 Denied IFP civil-procedure claim-preclusion diversity-jurisdiction federal-common-law full-and-fair-opportunity manifest-injustice res-judicata writ-of-mandamus Whether a writ of mandamus should issue directing the court of appeals to comply with this Court's previous ruling in Semtek
22-6494 Jesse Welch v. Florida Florida 2023-01-09 Denied IFP brady-violation civil-rights constitutional-rights due-process ineffective-assistance-of-counsel manifest-injustice newly-discovered-evidence post-conviction-relief rule-3.850 Should the petitioner be held responsible for counsel's error and prevented from presenting newly discovered evidence for review, that very well could…
22-5735 Thomas A. Scott v. Lonnie Oliver, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2022-10-03 Denied IFP constitutional-rights criminal-procedure due-process fair-trial fifth-amendment fourteenth-amendment fourth-amendment judicial-integrity judicial-review manifest-injustice sixth-amendment Does the judgement of sentence represent a manifest injustice warranting the supervisory powers of this honorable court as it shakes societys confiden…
22-5245 Pamela McCoy v. Florida Florida 2022-08-01 Denied Response WaivedRelisted (2)IFP constitutional-rights cruel-and-unusual-punishment due-process equal-protection fair-proceeding juvenile-sentencing manifest-injustice sentencing-review Does the decision of the Florida State Courts to deny the Petitioner relief violate the Petitioner's rights under the Fifth, Eighth, and Fourteenth Am…
22-5035 Irving Lisboa-Cupely v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-07-05 Denied Response WaivedIFP 5th-amendment appellate-review certificate-of-appealability due-process eleventh-circuit manifest-injustice miscarriage-of-justice plain-error Whether the Eleventh Circuit Court denied due process of the law under the 5th Amendment of the U.S. Constitution by failing to issue a certificate of…
21-6860 Lanny Jay Lyerla, Jr. v. United States Fifth Circuit 2022-01-14 Denied Response WaivedIFP appellate-review civil-procedure constitutional-law court-correction due-process harmless-error judicial-error manifest-injustice plain-error procedural-fairness witness-testimony When an action of the court causes a harmless error to become plain error, is there due process for the defendant to apply to the court?
21-991 Diana Berber v. Wells Fargo Bank, N.A., et al. Eleventh Circuit 2022-01-12 Denied appellate-review civil-procedure extraordinary-circumstances federal-rules-of-civil-procedure hazel-atlas-glass-co-v-hartford-empire-co judicial-precedent klapprott-v-united-states liljeberg-v-health-services-acquisition-corp manifest-injustice rule-60-motion Did the Court of Appeals, despite the presence of the requisite 'extraordinary circumstances', by affirming the District Court's denial of Petitioner …
21-6806 Armin Wand, III v. Gary Boughton, Warden Seventh Circuit 2022-01-10 Denied IFP appellate-review certificate-of-appealability coerced-confession confession-suppression constitutional-provisions due-process manifest-injustice newly-discovered-evidence plea-withdrawal stay-of-proceedings unreliable-confession Should Armin Wand,III's September 9,2012 statement have been suppressed?
21-6802 Tarvis Wilson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-01-10 Denied Response WaivedRelisted (2)IFP attorney-representation constitutional-error due-process fraud-practice fraud-upon-court fundamental-error judicial-misconduct manifest-injustice misrepresentation plea-change show-cause-order Is it fraud practice upon the Court when an Assistant State Attorney misrepresents the facts of a Petitioner's Motion in their Response to a show caus…
21-5218 Courtney Robinson v. Florida, et al. Eleventh Circuit 2021-07-27 Denied IFP civil-rights constitutional-violation due-process equal-protection federal-habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review manifest-injustice procedural-default Whether the petitioner was denied the same review of the game law that was applied to a similarly situated defendant by the state district court of ap…
21-5180 Eric Miguel Dowdy v. Shane Jackson, Warden Sixth Circuit 2021-07-22 Denied Response WaivedIFP appellate-review constitutional-rights due-process judicial-proceedings manifest-injustice sixth-circuit sixth-circuit-court-of-appeals supervisory-power Was petitioner denied his fundamental and constitutional right to due process
20-6982 Misty R. Weed v. Florida Florida 2021-01-28 Denied Response WaivedIFP conflict-of-laws constitutional-rights district-court-conflict due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel manifest-injustice plea-withdrawal sentencing sentencing-discretion Did the first district court of appeal create a manifest injustice by ruling in conflict with other district courts on the same legal question, violat…
20-5893 Jonnie Ravon v. Florida Florida 2020-10-05 Denied IFP constitutional-rights cruel-and-unusual-punishment eighth-amendment habeas-corpus juvenile-sentencing life-without-parole manifest-injustice sentencing violent-offenses Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court
20-164 Roosevelt Johnson v. Florida Florida 2020-08-14 Denied access-to-court claim-forfeiture due-process manifest-injustice miscarriage-of-justice postconviction-counsel pro-se-action procedural-default Whether a defendant is denied due process and access to the court
19-7963 Yehowshua Yisrael v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2020-03-11 Denied Response WaivedIFP 14th-amendment constitutional-rights criminal-procedure due-process florida-constitution jurisdiction manifest-injustice miscarriage-of-justice procedural-due-process prosecutorial-misconduct substantive-due-process Did the trial Court and State of Florida Prosecutor invoked a miscarriage of Justice and manifest Injustice
19-7509 In Re Lawrence E. Mattison 2020-01-30 Denied Response WaivedRelisted (2)IFP all-writs-act ends-of-justice federal-enclave federal-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel manifest-injustice state-conviction supremacy-clause void-ab-initio Whether 28 U.S.C. §1651 (the All writs Act) allows this court authority to issue a Writ of Habeas Corpus when a clear interference with a Federal proc…
19-7087 Anthony May v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-12-30 Denied Response WaivedIFP due-process effective-assistance-of-counsel equitable-tolling extraordinary-circumstances ineffective-assistance low-iq manifest-injustice mental-retardation Whether petitioner's 'mental retardation' and 'low IQ' constitute 'extraordinary circumstances' in which 'equitable tolling' should be applied to avoi…
19-6600 Barry Lernard Davis v. United States Fifth Circuit 2019-11-13 Denied Response WaivedIFP 2255-motion 60b-motion abuse-of-discretion coa-brief court-of-appeals due-process evidentiary-hearing manifest-injustice procedural-due-process psr psr-challenge section-2255 sentencing-claim sentencing-evidence sentencing-issue sentencing-review Where petitioner attacked evidence; State's Certified Motion to Dismiss allegation in his PSR, of R.D., to his 2255 Motion, and argued his evidence in…
19-6066 In Re Jeffrey S. Collier 2019-09-25 Denied IFP civil-rights constitutional-rights court-procedure double-standard due-process habeas-corpus judicial-review judicial-system legal-precedent manifest-injustice precedent standing Does the violation of guaranteed constitutional rights and doctrine of precedents create manifest injustice?
19-5778 Hosam Maher Husein Smadi v. United States Fifth Circuit 2019-09-03 Denied Response WaivedIFP 18-usc-3553a constitutional-rights due-process effective-counsel equal-protection manifest-injustice plea-agreement right-to-effective-counsel rule-11 sentencing sentencing-guidelines supreme-court-precedent Whether Smadi in this Case would suffer a manifest injustice and an extreme hardship by serving several extra years in prison
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…
18-9823 Freddie Lee Morris v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-06-27 Denied IFP coerced-confession criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus informant involuntary-plea manifest-injustice paid-informant procedural-grounds right-to-counsel sixth-amendment Whether the state of Florida violated petitioner's sixth amendment right to the assistance of counsel
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…
18-8804 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?
18-8794 Ricky Raymond Ball v. United States Eighth Circuit 2019-04-11 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process judicial-explanation manifest-injustice plea-agreement plea-bargaining supervised-release Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N)
18-8607 Johnnie Sterling v. Chuck Dwyer Eighth Circuit 2019-03-28 Denied IFP 14th-amendment 5th-amendment 8th-amendment actual-innocence antiterrorism-act antiterrorism-and-effective-death-penalty-act certificate-of-appealability constitutional-rights due-process ineffective-assistance manifest-injustice mixed-questions-of-law-and-fact procedural-due-process Should the Eighth Circuit Court of Appeals have granted the Certificate of Appealability?
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
18-7624 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…
18-7578 Jeffrey T. Howard v. United States Fifth Circuit 2019-01-28 Denied Response WaivedIFP actual-innocence circuit-court-procedure civil-rights coa constitutional-challenge due-process due-process,civil-procedure,standing,habeas-corpus habeas-corpus judicial-review jurisdictional-issue manifest-injustice venue writ-of-certiorari Whether the Fifth Circuit Court of Appeals misapplied the law applicable in COA proceedings
18-7389 Scott Smith v. Shane Jackson, Warden Sixth Circuit 2019-01-14 Denied Response WaivedIFP 6th-amendment appellate-review civil-procedure civil-rights constitutional-rights due-process federal-courts judicial-proceedings manifest-injustice sixth-circuit supervisory-power Was petitioner denied his fundamental and constitutional right to due process?
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…
18-6403 Chester Larvell Starnes, Jr. v. Shane Jackson, Warden Sixth Circuit 2018-10-24 Denied Response WaivedIFP 6th-circuit appellate-review constitutional-rights due-process judicial-proceedings manifest-injustice sixth-circuit supervisory-power Was petitioner denied his fundamental and constitutional right to due process?
18-6084 Sharon Lee v. Florida Florida 2018-09-24 Denied Response WaivedIFP competency constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel manifest-injustice mental-capacity plea-bargaining Was the petitioner's constitutional rights violated when the petitioner unknowingly and unintelligently accepted a plea to a second degree murder char…
18-5922 Robert Joseph Sarhan v. Federal Bureau of Prisons Eleventh Circuit 2018-09-10 Denied Response WaivedIFP administrative-law civil-procedure fraud-on-the-court res-judicata violated-supreme-court-precedent administrative-law civil-procedure due-process fourteenth-amendment fraud-on-court fraud-on-the-court manifest-injustice res-judicata void-judgment Whether the Eleventh Circuit Court of Appeals and other courts acted inconsistently with due process and Supreme Court precedent in affirming the peti…
18-5708 Thomas J. Arnold v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2018-08-22 Denied Response WaivedIFP collateral-proceedings due-process equal-protection fourteenth-amendment liberty-interest manifest-injustice sentencing sentencing-correction state-collateral-proceedings Whether petitioner has been denied due-process and equal-protection under the U.S. Constitution Amendment-XIV, in his state collateral-proceedings
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 …
18-5059 David Randolph Bedell v. Scott Jordan, Warden Sixth Circuit 2018-06-29 Denied IFP actual-innocence aedpa-limitations aedpa-statute-of-limitations cause-and-prejudice certificate-of-appealability extraordinary-circumstances fundamental-defects habeas-corpus ineffective-assistance-of-counsel manifest-injustice procedural-default Whether the Sixth Circuit Court of Appeals abused its discretion in denying a Certificate of Appealability
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…