pretrial-motions

11 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-6434 Pascal Gedeon v. United States District Court for the Eastern District of Pennsylvania Third Circuit 2024-01-08 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process equal-protection fourth-amendment judicial-discretion mandamus pretrial-motions speedy-trial-act vagueness Whether delays resulting from pretrial motions can be excluded under the Speedy Trial Act
23-564 Timothy Bing, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-27 Denied Response Waived due-process effective-assistance-of-counsel plea-bargaining plea-offer pretrial-investigation pretrial-motions sixth-amendment state-attorney Whether a policy by the State Attorney's Office which punished the petitioner for engaging in a pretrial investigation of his case as well as filing p…
23-5053 Joann Artis Stevens v. Town of Snow Hill, North Carolina, et al. Fourth Circuit 2023-07-06 Denied Response WaivedRelisted (3)IFP administration-of-justice civil-procedure civil-rights judicial-interpretation judicial-system legal-remedies litigation-efficiency pre-trial-motions pretrial-motions rule-12(b)(6) rule-12b6 Whether the recurring issues and conflicts in the judicial system regarding the use of pre-trial motions under Rule 12(b)(6) to thwart remedies for me…
22-82 Charles Johnson v. TheHuffingtonPost.com, Incorporated Fifth Circuit 2022-07-28 Denied Response RequestedResponse WaivedRelisted (2) circuit-court-procedure civil-procedure data-harvesting Did the Supreme Court of Virginia err in determini educational-evaluations forum-selection 22-829" jurisdictional-error libel personal-jurisdiction pretrial-motions procedural-error revenue-generation sovereign-immunity specific-jurisdiction subject-matter-jurisdiction supreme-court-review targeted-marketing website-data-collection website-liability Whether the Supreme Court of Virginia erred in det Whether the panel majority of the Fifth Circuit correctly held that a national news organization's website that harvests visitor location data to shar…
21-8033 Jesus Francisco Fernandez v. United States Tenth Circuit 2022-06-02 Denied IFP appellate-review circuit-split criminal-procedure federal-rules federal-rules-of-criminal-procedure fourth-amendment good-cause plain-error plain-error-review pretrial-motions When a defendant raises a derivative theory on appeal that was not raised in a timely suppression motion in district court
21-5844 James Malcolm Hale v. United States Fourth Circuit 2021-10-01 Denied Response WaivedIFP appellate-review criminal-procedure district-court-disposition federal-criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-discretion pretrial-motion pretrial-motions procedural-waiver waiver Whether a defendant may appeal an adverse pretrial motion determination despite not reserving the right in writing under Rule 11(a)(2)
20-8387 Bruce Lee Felix v. United States Sixth Circuit 2021-06-22 Denied Response WaivedIFP constitutional-delay criminal-procedure judicial-discretion motion-resolution presumptive-prejudice pretrial-motion pretrial-motions speedy-trial tolling trial-procedure united-states-v-tinklenberg Is the threshold for presumptive prejudice modified by delay not attributable to the United States, or is it a calendar calculation?
20-8087 William Edward Erickson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-05-20 Denied Response WaivedIFP appellate-review coercion conditional-plea constitutional-claims criminal-procedure evidence extraneous-statements ineffective-assistance-of-counsel ineffective-counsel involuntary-plea pretrial-motions sixth-amendment Whether the petitioner is entitled to constitutional review and relief on his claims at the appeal level regarding his ineffective assistance of couns…
19-6825 Jorge Guerrero v. United States Ninth Circuit 2019-12-04 Denied IFP appellate-review criminal-procedure federal-rules federal-rules-of-criminal-procedure good-cause plain-error pretrial-motions rule-12 rule-52 suppression-motion Whether Rule 12's good-cause standard displaces the plain-error standard in Federal Rule of Criminal Procedure 52(b)
19-5563 Ian Alexander Bowline v. United States Tenth Circuit 2019-08-13 Denied IFP appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure plain-error plain-error-review pretrial-motions timeliness waiver Whether an appellate court can review a defense, objection, or request that is not timely made under Federal Rule of Criminal Procedure 12 for plain e…
18-7947 Tyrone Garden v. Massachusetts Massachusetts 2019-02-13 Denied Response WaivedIFP constitutional-right criminal-procedure dispositive-motion effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel plea-bargaining pretrial-motion pretrial-motions sixth-amendment strickland-standard strickland-v-washington Where trial counsel failed to update his research on a dispositive pretrial motion to dismiss before the defendant pleaded guilty, did Garden have the…