party-presentation

37 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6745 Linda Sun v. D.C. Office of Employee Appeals, et al. District of Columbia 2026-02-06 Pending IFP administrative-law due-process fraud-on-court judicial-integrity mandate-rule party-presentation 1. Whether a court's inherent power to set aside a judgment for fraud on the court — as preserved in Super. Ct. Civ. R. 60(d) — is subject to a "reaso…
25-900 Global Marine Exploration, Inc. v. Republic of France, et al. Eleventh Circuit 2026-02-03 Pending admiralty-law constitutional-avoidance party-presentation salvage-rights statutory-interpretation sunken-military-craft 1. Whether SMCA's prohibition that "no salvage rights or awards shall be granted" bars all admiralty salvage claims—including long-recognized in perso…
25A859 Ulysses Lee Feagin v. Mansfield Police Department, et al. Sixth Circuit 2026-01-30 Application excessive-force party-presentation qualified-immunity sixth-circuit summary-judgment taser-use Question not identified.
25-867 Joseph Walters, Director, Virginia Department of Corrections v. Christopher Coleman Fourth Circuit 2026-01-21 Pending aedpa de-novo-review fourth-circuit habeas-corpus party-presentation state-court-judgment 1. Whether the Fourth Circuit violated the Antiterrorism and Effective Death Penalty Act (AEDPA) and the party-presentation principle by granting habe…
25-820 Comcast Cable Communications, LLC v. WhereverTV, Inc. Federal Circuit 2026-01-12 Pending Amici (1)Response Waived appellate-procedure circuit-split jurisdictional-issue party-presentation sua-sponte waiver Whether a court of appeals may override the principle of party presentation by deciding sua sponte a non jurisdictional issue that a party deliberatel…
25-767 Daren K. Margolin, Director of the Executive Office for Immigration Review v. National Association of Immigration Judges Fourth Circuit 2025-12-31 Pending Amici (2) csra-preclusion district-court party-presentation personnel-actions summary-reversal supreme-court-precedent 1. Whether the decision below should be summarily reversed for violating the party-presentation principle. 2. Whether the decision below should be su…
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…
25-6269 Lairon Graham v. United States Second Circuit 2025-12-02 Pending IFP appellate-procedure circuit-split due-process ineffective-assistance party-presentation plea-agreement 1. Whether the right to due process on appeal is violated where, despite a criminal defendant-appellant's repeated invocations of the party presentati…
25A531 John Koe, aka Nicholas Krudy v. University Hospitals Health System, Inc., et al. Sixth Circuit 2025-11-07 Application appellate-procedure jurisdictional-dismissal merits-determination party-presentation procedural-rule sua-sponte Whether a federal appellate court can sua sponte dismiss a case without notice or opportunity to be heard when characterizing a procedural rule as jur…
25A530 John Koe, aka Nicholas Krudy v. University Hospitals Health System, Inc., et al. Sixth Circuit 2025-11-07 Application appellate-procedure due-process jurisdictional-rule merits-determination party-presentation sua-sponte Whether a sua sponte dismissal without notice or opportunity to be heard, based on a procedural rule characterized as jurisdictional, violates due pro…
25A313 Lairon Graham v. United States Second Circuit 2025-09-18 Presumed Complete appeal-waiver certiorari due-process ineffective-assistance party-presentation second-circuit Whether an appellate court's sua sponte reliance on an unargued theory violates the party presentation principle and due process rights of a criminal …
25-52 Terence Clark, Director, Prince George's County Department of Corrections, et al. v. Jeremiah Antoine Sweeney Fourth Circuit 2025-07-15 Judgment Issued Response RequestedResponse WaivedRelisted (4) AEDPA exhaustion-requirement fourth-circuit habeas-corpus merits-standard party-presentation The Antiterrorism and Effective Death Penalty Act (AEDPA) prohibits federal courts from granting habeas relief on any claim alleged by a habeas petiti…
25A19 Adrian Goudelock v. United States Second Circuit 2025-07-08 Presumed Complete appellate-review criminal-procedure jury-selection party-presentation prosecutorial-theory wholesale-exclusion Whether a federal appellate court may affirm a criminal conviction based on alternative legal theories not presented by the government or raised at tr…
24-6740 Royel Page v. United States Seventh Circuit 2025-03-11 Denied IFP buyer-seller-relationship circuit-split criminal-procedure drug-conspiracy party-presentation plain-error-review QP1: Whether evidence of repeat, distribution-sized drug transactions alone is sufficient to prove a drug conspiracy, as opposed to a mere buyer-selle…
24-588 Cyrus Mark Sanai v. Melanie J. Lawrence, et al. Ninth Circuit 2024-12-02 Denied Response Waived civil-rights constitutional-review federal-jurisdiction party-presentation state-proceedings younger-abstention Whether the Ninth Circuit's sua sponte application of Younger abstention violates the party presentation principle and improperly evaluates federal co…
24-417 National Association of Realtors v. United States, et al. District of Columbia 2024-10-15 Denied contract-withdrawal government-rights illusory-promises party-presentation statutory-interpretation unmistakability-doctrine Whether the United States enjoys greater rights than a private party to withdraw from a contract based solely on its determination that it no longer w…
23-1057 Paul Johnson v. Matthew Tepper Texas 2024-03-27 Denied Response Waived appellate-procedure civil-rights due-process free-speech judicial-neutrality party-presentation pro-se pro-se-plaintiff sua-sponte sua-sponte-arguments supreme-court-review Whether the United States Supreme Court will review the actions of a Texas Court of Appeals, which departed from its role as a neutral arbiter by enga…
22-934 Dale Sundby, Trustee v. Marquee Funding Group, Inc., et al. Ninth Circuit 2023-03-24 Denied civil-procedure court-of-appeal due-process judgment party-presentation precedential-ruling property-rights standing sua-sponte trustee-representation Can the court of appeal ignore its own precedential rulings
22-6851 David Freeman v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2023-02-23 Denied IFP 28-usc-2254d appellate-procedure due-process federal-habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel party-presentation sixth-amendment state-post-conviction Whether a court of appeals violates the principle of party presentation and due process rights when it raises an issue sua sponte that the parties did…
22-6842 Bharani Padmanabhan v. Massachusetts Board of Registration in Medicine Massachusetts 2023-02-22 Denied Response WaivedIFP bedrock-of-jurisprudence court-procedure federal-courts jurisprudence litigation-principle neutral-arbiter party-presentation sineneng-smith state-courts united-states-v-sineneng-smith Does the Principle of Party Presentation apply to state courts?
22-6593 Steven C. Heiser v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-01-23 Denied Response RequestedRelisted (2)IFP abuse-of-discretion certificate-of-appealability certiorari-jurisdiction due-process habeas-corpus limitations-defense party-presentation statute-of-limitations sua-sponte Did the district court abuse its discretion when it sua sponte dismissed Heiser's habeas petition by overriding the state's deliberate waiver of the l…
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
21-8249 Sammy L. Page v. Audrey King, Acting Executive Director, California Department of Mental Health Ninth Circuit 2022-06-28 Denied Response WaivedIFP 28-usc-2241 28-usc-2254 circuit-court due-process habeas-corpus party-presentation pretrial-detention statutory-interpretation Does a circuit court abuse its discretion and violate the party-presentation principle by adjudicating a habeas-corpus-petition under 28-usc-2254 when…
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
21-6717 Kenneth Lamont Sanders v. United States Eighth Circuit 2021-12-23 Denied Response WaivedIFP 4th-amendment civil-rights community-caretaking domestic-disturbance due-process emergency-aid fourth-amendment greenlaw-v-united-states party-presentation warrantless-search Whether the 'principle of party presentation' is violated
21-5084 Donald H. Kimball v. Altoona Police Department, et al. Eighth Circuit 2021-07-13 Denied Response WaivedIFP 2nd-amendment abuse-of-discretion civil-rights constitutional-rights due-process party-presentation second-amendment section-1983 Whether the Eighth Circuit departed from the principle of party presentation, introduced clearly erroneous evidence, and conflicted with Supreme Court…
20-1135 Alex Emric Jones, et al. v. Erica Lafferty, et al. Connecticut 2021-02-19 Denied Response Waived civil-rights contempt due-process free-speech judicial-authority party-presentation Whether a litigant's extra-judicial statements can be sanctioned when the First Amendment otherwise protects his speech and where there was no order p…
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…
20-6417 Edwin Omar Almonte-Nunez v. United States First Circuit 2020-11-24 Denied Response WaivedIFP 18-usc-2112 abuse-of-discretion counsel-substitution crime-of-violence double-jeopardy due-process party-presentation resentencing sentencing-review Did the district court adequately vet Mr. Almonte-Nufiez's dissatisfaction with his counsel?
20-521 Citizens for Fair Representation, et al. v. Alex Padilla, California Secretary of State Ninth Circuit 2020-10-20 Denied Response Waived article-iii article-iii-standing civil-rights constitutional-provisions due-process judicial-review party-presentation standing subject-matter-jurisdiction three-judge-district-court Did any named in the three complaints filed with the District Court allege sufficient personal concrete and particularized harm therein to assert Arti…
20-479 David C. Shinn v. Ryan Robert Baker Ninth Circuit 2020-10-13 Denied Response RequestedRelisted (2) adversarial-system appellate-procedure case-transformation civil-procedure gvr judicial-restraint ninth-circuit party-presentation sineneng-smith summary-reversal Whether the Ninth Circuit's decision violated the principle of party presentation
20-456 Michael Elder v. United States Second Circuit 2020-10-08 Denied 4th-amendment civil-procedure exclusionary-rule fourth-amendment judicial-procedure official-misconduct party-presentation search-and-seizure supervisee-rights supervisee-search suspicionless-search Whether the Second Circuit violated the party presentation principle
20-5826 Chris Anthony George v. Raymond Madden, Warden Ninth Circuit 2020-09-28 Denied IFP appellate-procedure civil-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel party-presentation plea-bargaining pro-se pro-se-petition sua-sponte Whether the Ninth Circuit violated the principle of party presentation by raising and deciding an issue sua sponte in petitioner's habeas appeal
19-8873 Efrain Diaz, Jr. and Justin Smith v. Kentucky Kentucky 2020-07-01 Denied Response RequestedResponse WaivedRelisted (3)IFP criminal-defendant criminal-procedure death-penalty due-process eighth-amendment justiciability party-presentation procedural-due-process standing-doctrine Does the requirement in Lujan v. Defs. of Wildlife apply to a motion filed by a defendant in a criminal case?
19-1359 Michelle Dawn Murphy v. City of Tulsa, Oklahoma Tenth Circuit 2020-06-11 Denied an abuse of discretion because it violates the pa and wrong factually about the issue it reached ou which was based on an issue not presented on appe abuse-of-discretion appellate-procedure appellate-review civil-procedure due-process party-presentation sineneng-smith standing summary-judgment tenth-circuit united-states-v-sineneng-smith Is the Tenth Circuit's affirmance of summary judgment in favor of Defendant-Appellee City of Tulsa an abuse of discretion?
19-5068 Willie J. Trimble, Jr. v. Mathew Hansen, Warden, et al. Tenth Circuit 2019-07-03 Denied Response WaivedIFP 28-usc-2244 due-process federal-holidays fourteenth-amendment habeas-corpus implicit-conclusion mailbox-rule party-presentation time-limitation Whether the Tenth Circuit Court of Appeal(s) decision was in contrary with U.S. Supreme Court precedent
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…