opportunity-to-be-heard

28 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-5104 Anthony Mungin v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-07-18 Denied IFP appeals-court district-court due-process federal-appeals federal-habeas-corpus habeas-corpus notice notice-requirement opportunity-to-be-heard statute-of-limitations Whether the prohibition on a federal district court's ability to dismiss a federal habeas corpus petition on statute of limitations grounds without af…
23-6465 Lewis Slaughter v. New York New York 2024-01-12 Denied IFP appellate-review certiorari civil-procedure due-process judicial-process legal-petition notice opportunity-to-be-heard property-seizure supreme-court takings Whether the petitioners' due process rights were violated by the government's failure to provide adequate notice and opportunity to be heard before se…
23-6338 Marc Fishman v. New York New York 2023-12-22 Denied Amici (1)Response WaivedRelisted (2)IFP civil-rights due-process judicial-procedure notice notice-requirement opportunity-to-be-heard order-of-protection parental-rights parenting procedural-due-process right-to-bear-arms Whether New York State's statutory framework violates procedural due process
23-6083 Chalmer Detling, II, aka Chuck Detling v. United States Eleventh Circuit 2023-11-21 Denied Response WaivedRelisted (2)IFP appellate-review due-process judicial-procedure notice notice-requirement opportunity-to-be-heard speedy-trial-act sua-sponte summary-reversal supervisory-power Was the panel's decision proper in light of Day v. McDonough?
23-544 Teresa Marie Gaffney v. The Florida Bar Florida 2023-11-21 Denied Response Waived 14th-amendment 5th-amendment bar-license due-process fifth-amendment fourteenth-amendment homestead-property impartial-tribunal notice opportunity-to-be-heard sexual-harassment Whether it is a denial of due process, (1) notice; (2) an opportunity to be heard; and (3) an impartial tribunal, to not allow the Petitioner to condu…
23-407 Robert Perkel, et al. v. Frank Canella, et al. New Jersey 2023-10-19 Denied civil-procedure due-process equal-protection notice notice-requirement opportunity-to-be-heard probate probate-law service-of-process will-contest Where the State of New Jersey's probate laws and rules of procedure require a party seeking to probate a decedent's Last Will provide notice and oppor…
21-7985 Freddie Glover v. Florida Florida 2022-05-27 Denied Response WaivedIFP appeal capital-crime constitutional-rights criminal-procedure due-process grand-jury information-charging notice opportunity-to-be-heard state-counsel subject-matter Whether Glover's Due Process Rights were violated by not allowing him opportunity to respond to State Counsel Answer Brief prior to the court making a…
21-1337 Patrick Gillis v. David Gillis Oregon 2022-04-08 Denied 14th-amendment court-procedure cross-examination due-process fourteenth-amendment notice notice-requirement opportunity-to-be-heard probate-law standing Whether state courts are directly responsible for notifying parties with standing about hearings in cases before them, ensuring all parties have an op…
21-6803 Javier Rosales v. United States Fifth Circuit 2022-01-10 Denied Response WaivedIFP abuse-of-discretion amendment-782 discretion drug-conspiracy due-process fifth-amendment opportunity-to-be-heard retroactive-amendment sentence-reduction sentencing sentencing-guidelines Whether the Fifth Circuit erred in deciding that the District Court's order denying relief under 18 U.S.C. § 3582(c)(2) did not comprise an abuse of d…
21-616 Lee W. Yeager v. FirstEnergy Generation Corporation Sixth Circuit 2021-10-27 Denied Response Waived civil-procedure dismissal district-court due-process federal-procedure fifth-amendment legal-redress notice opportunity-to-be-heard pleading-amendment standing Whether a federal district court's outright dismissal of a stayed action without having first lifted that stay, to permit ruling on plaintiffs pending…
20-1320 Wael Lasheen v. Supreme Court of Ohio Ohio 2021-03-23 Denied administrative-judge administrative-jurisdiction disqualification due-process judicial-disqualification judicial-procedure jurisdiction ohio-revised-code opportunity-to-be-heard state-court-review unconstitutional Can a case proceed if the petitioner argues that the administrative judge lacked jurisdiction?
20-7362 Charles Braye v. United States Eleventh Circuit 2021-03-08 Denied Response WaivedIFP court-of-appeals criminal-procedure district-court due-process first-step-act opportunity-to-be-heard remand sentence-reduction Whether Mr. Braye's due process rights were violated when the court of appeals determined that Mr. Braye was eligible for a sentence reduction under t…
20-822 Solon Phillips v. Maryland Board of Law Examiners, et al. Fourth Circuit 2020-12-17 Denied Response Waived bar-admission character-and-fitness character-fitness-test constitutional-vagueness due-process legal-standards moral-character opportunity-to-be-heard unexplained-delay vagueness Is the Maryland character fitness test unconstitutionally vague?
19-1400 Rehabilitation Center at Hollywood Hills, LLC v. State of Florida, Agency for Health Care Administration Florida 2020-06-23 Denied administrative-law causation due-process license-revocation licensure-revocation mitigating-evidence notice opportunity-to-be-heard strict-liability substantial-causes Does the refusal to consider causation, substantial causes, and mitigating evidence—central to this licensure revocation—violate the Due Process Claus…
19-325 Columbian Financial Corporation v. Tim Kemp, Bank Commissioner of Kansas, et al. Tenth Circuit 2019-09-10 Denied Response Waived 14th-amendment administrative-law constitutional-violations due-process fourteenth-amendment notice opportunity-to-be-heard preclusion property-rights res-judicata state-action Whether Petitioner's due process rights were violated when the lower federal courts barred Petitioner's claim by applying preclusive effect to the ver…
19-317 Susan R. Gokool v. Oklahoma City University Tenth Circuit 2019-09-06 Denied due-process federal-appellate-rules federal-rules-of-appellate-procedure judicial-procedure legal-notice notice opportunity-to-be-heard sanctions subject-matter-jurisdiction void-judgment Whether the circuit court's failure to notify Petitioner to be heard and object to its sanction under Fed. R. Appl. P. 38 for costs under Fed. Appl. P…
18-9215 Dale Giles v. United States Eighth Circuit 2019-05-10 Denied Response WaivedIFP certificate-of-appealability due-process eighth-circuit fair-notice in-forma-pauperis judicial-process opportunity-to-be-heard procedural-fairness supreme-court-precedent Did the Eighth Circuit Court of Appeals violate petitioner's due process rights to fair notice and an opportunity to be heard?
18-9109 Jose Christian Nunez-Belemontes v. United States Fifth Circuit 2019-05-02 Denied Response WaivedIFP administrative-law administrative-order constitutional-violation criminal-procedure criminal-proceeding dea drug-enforcement-administration due-process notice opportunity-to-be-heard title-21 title-21-usc-841 title-21-usc-841a Is an administrative order conclusive and in violation of constitutional due process without the administrator providing notice and opportunity to be …
18-8667 Donald James Anson v. United States Second Circuit 2019-04-02 Denied Response WaivedIFP appellate-review civil-procedure constitutional-rights digital-privacy dismissal due-process fourth-amendment opportunity-to-be-heard probable-cause search-and-seizure standing surveillance Does an appellate court err in dismissing an appeal because 'it lacks an arguable basis in law or fact' without first providing the petitioner an oppo…
18-8163 Pierre Andre Basson v. Mortgage Electronic Registration Systems, Inc., et al. Eleventh Circuit 2019-02-27 Denied IFP civil-procedure due-process federal-rules motion-to-dismiss notice opportunity-to-be-heard pro-se pro-se-plaintiff summary-judgment When considering a Motion to Dismiss for Failure to State a Claim Upon which Relief May be Granted Pursuant to Federal Rules of Civil Procedure 12(b)(…
18-653 Philip Morris USA Inc. v. Vickie McKeever, as Personal Representative of the Estate of Theodore McKeever Florida 2018-11-20 Denied Response WaivedRelisted (2) appellate-review civil-procedure collateral-estoppel constitutional-law due-process jury-findings opportunity-to-be-heard preclusion preclusion-doctrine prior-proceeding res-judicata standing Whether the Due Process Clause is violated by a rule that permits plaintiffs to invoke a prior jury's findings to establish elements of their claims w…
18-649 R.J. Reynolds Tobacco Company, et al. v. Cheryl Searcy, as Personal Representative of the Estate of Carol LaSard Eleventh Circuit 2018-11-20 Denied actually-decided civil-procedure claim-preclusion class-action constitutional-law due-process eleventh-circuit issue-preclusion jury-findings opportunity-to-be-heard preclusion Whether the Due Process Clause is violated by a rule that permits plaintiffs to invoke a prior jury's findings to establish elements of their claims w…
18-6252 Hersie Wesson v. Ohio Ohio 2018-10-09 Denied IFP capital-defendant capital-punishment constitutional-right death-penalty due-process intellectual-disability opportunity-to-be-heard procedural-due-process state-courts threshold-showing When a capital defendant can make a substantial threshold showing of intellectual disability, are the state courts constitutionally required to provid…
18-6107 Jacob Logan Stone v. United States Eighth Circuit 2018-09-26 Denied Response WaivedIFP appellate-procedure constitutional-rights due-process notice opportunity-to-be-heard pro-se pro-se-litigant procedural-bar procedural-bars reentry summary-affirmance supervised-release Does the 8th Circuit's practice of denying pro se litigants the opportunity to brief their appeal deny the basic requirements of Due Process, notice a…
18-253 Michael Felix v. New York New York 2018-08-28 Denied Response Waived 14th-amendment adequate-notice appellate-review coram-nobis due-process due-process-14th-amendment errors-of-law fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel notice notice-and-opportunity notice-of-hearing opportunity-to-be-heard state-constitutional-right-to-appeal unexplained-decision writ-of-error-coram-nobis Whether the court of original jurisdiction denied petitioner due process under the United States Constitution's Fourteenth Amendment
18-5463 Michael Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-03 Denied IFP appeal civil-procedure due-process filing-of-record notice opportunity-to-be-heard response right-to-be-heard sanction sanctions Whether due process requires that a petitioner be provided notice and an opportunity to be heard before a sanction is entered against them
18-87 Ludwig P. Samson, Trustee for the Heirs and Next of Kin of Christine R. Samson, Deceased v. Jack W. Gordon, et al. Minnesota 2018-07-18 Denied Response Waived constitutional-rights due-process equal-protection opportunity-to-be-heard procedural-decision procedural-decisions retroactive-application retroactivity state-court state-court-rules state-statute Is a litigant denied due process when a state's highest court overrules a consistent line of procedural decisions and expands a state statute retroact…
18-79 Tiberiu Klein, et al. v. Daniel O'Brien, et al. Seventh Circuit 2018-07-17 Denied Relisted (2) appellate-procedure appellate-review attorney-sanctions civil-procedure due-process fraud incompetence judicial-misconduct judicial-procedure judicial-standards notice opportunity-to-be-heard procedural-fairness sanctions subject-matter-jurisdiction Did the Seventh Circuit violates its own Standards and Rules and violate petitioners' due process rights in falsely accusing an attorney of pretense, …