procedural-defect

27 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6895 Herbert Lavonne Wiggins v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-03-31 Denied IFP factual-findings judicial-review legal-standard newly-discovered-evidence procedural-defect writ-of-certiorari Whether courts can refuse to adjudicate the merits of a writ when newly discovered evidence is presented and fail to make proper factual findings
24-5907 Aisha Wright v. Transportation Communication Union/IAM Fifth Circuit 2024-11-04 Denied IFP circuit-split habeas-corpus judicial-discretion preclusion-principles procedural-defect rule-60b Whether a federal court can apply preclusion principles to bar new claims when prior proceedings were not fully litigated
24-5357 Peter Mule v. Tim Hooper, Warden Fifth Circuit 2024-08-21 Denied Relisted (2)IFP federal-rules-civil-procedure judicial-review jurisdiction procedural-defect subject-matter-jurisdiction void-judgment Whether a court's judgment is void under FRCP 60(b)(4) when jurisdiction is lacking or improperly exercised
24-65 Tony Ping Yew, as Executor of the Estate of John Y. Wei v. Matthew J. Platkin, Attorney General of New Jersey, et al. Third Circuit 2024-07-19 Denied civil-procedure civil-procedure-rule-60b en-banc-review federal-jurisdiction judicial-immunity procedural-defect rooker-feldman-doctrine sovereign-immunity summary-judgment void-judgment Whether the Third Circuit have any jurisdictional power to rule to begin with; and even if the lower courts have jurisdictional power, Whether it is v…
23-7641 Steven Vernon Bixby v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. Fourth Circuit 2024-06-05 Denied IFP counsel-abandonment federal-procedure habeas-corpus ineffective-assistance procedural-defect rule-60b Whether there is any remedy under Rule 60(b) for functional abandonment by counsel in a federal habeas proceeding, or whether there is no remedy for e…
23-1245 David Timothy Johnson, Sr. v. Urvashi Foster, et al. Eleventh Circuit 2024-05-28 Denied Response Waived abuse-of-discretion appellate-review civil-rights due-process judicial-discretion judicial-power jurisdiction pro-se-litigation procedural-defect shotgun-pleading Whether the United States Court of Appeals for the Eleventh Circuit's questioned Orders amount to an unlawful denial of due process, an oppressive exe…
23A629 Henry Eugene Gossage v. Reality Homes, Inc., et al. Washington 2024-01-09 Presumed Complete certiorari-petition court-procedure extension-of-time pro-se-filing procedural-defect supreme-court-rules Whether a pro se litigant's procedural deficiencies in filing a Supreme Court application for extension of time can be cured through subsequent correc…
22-1086 Tatyana Evgenievna Drevaleva v. Department of Veteran Affairs, et al. Tenth Circuit 2023-05-08 Denied Response Waived appeals civil-procedure court-authority due-process federal-courts federal-rules-civil-procedure jurisdiction procedural-defect service-of-process standing summons-requirements Did both the U.S. District Courts have a right to issue any ruling if the defendant was not properly served?
22-5844 Benjee Nicolas v. Florida Eleventh Circuit 2022-10-14 Denied Relisted (2)IFP case-review civil-procedure collateral-attack constitutional-provisions court-jurisdiction due-process judgment judgment-vulnerability legal-procedure procedural-defect statutory-provisions Whether the allegations, if procedure had been followed, would have rendered the judgment vulnerable to collateral attack?
22-5045 Shaheed Scott, Sr., aka Rodney L. Scott v. California Department of Corrections and Rehabilitation, et al. Ninth Circuit 2022-07-06 Denied IFP certificate-of-appealability civil-rights confinement-challenge due-process early-release habeas-corpus parole parole-hearing procedural-defect Did the Ninth Circuit Court properly deny habeas petition
21-7336 Karsten O. Allen v. J. Mayo, et al. Fourth Circuit 2022-03-10 Denied IFP civil-rights constitutional-claim due-process good-time-credits liberty-interest prison-conditions prisoner-litigation pro-se pro-se-litigant procedural-defect state-created-rights virginia-department-of-corrections Does the language of Virginia's statutes and Department of Corrections' Operating Procedures establish a state-created liberty interest in good time e…
21-5909 Sands Cooper v. Advanced Internet Automation, LLC, et al. Virginia 2021-10-06 Denied Relisted (2)IFP attorney-misconduct civil-procedure evidence evidence-tampering false-document federal-rule-of-civil-procedure-60(b) judicial-misconduct pro-se procedural-defect workers-compensation Should the defendant be awarded for criminally entering a false document that was used by the Court's Officer as evidence as a result of attorney misc…
21-481 Betty R. Shipley v. Helping Hands Therapy, et al. Eleventh Circuit 2021-09-30 Denied appellate-jurisdiction civil-procedure federal-courts jurisdiction notice-of-removal procedural-defect remand removal reply statutory-authority Whether the court of appeals has jurisdiction to review an order remanding a case to state court based on a procedural defect, when the plaintiff file…
20-7791 Shalamar Carmon v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2021-04-16 Denied IFP 14th-amendment 6th-amendment constitutional-rights criminal-homicide due-process fourteenth-amendment procedural-defect sixth-amendment specific-offense vague-statement Was Petitioner denied due process of law
20-7763 Brian David Hill v. Virginia Virginia 2021-04-15 Denied IFP actual-innocence constitutional-rights cruel-and-unusual-punishment due-process habeas-corpus indecent-exposure procedural-defect state-custody supervised-release Where the Virginia Supreme Court didn't think that the Petition for Writ of Habeas Corpus should apply to the case of Brian David Hill being convicted…
20-6875 Jason Pierce v. Nathan Brooks, Warden Eleventh Circuit 2021-01-14 Denied Response WaivedIFP certificate-of-appealability court-appointed-counsel criminal-procedure death-penalty faretta-protocol habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-defect structural-defect Did the United States Court of Appeals err in failing to issue a Certificate of Appealability from the denial of the Petition for writ of habeas corpu…
20-764 Mark E. O'Brien v. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Connecticut 2020-12-03 Denied due-process foreclosure foreclosure-procedure judicial-notice loan-servicer mortgage-note new-evidence procedural-defect standing standing-challenge testimony Were the Defendants' due-process rights violated?
20-6312 Abdul Azeem Mohammed v. Jorge L. Alonso, District Judge, et al. Seventh Circuit 2020-11-13 Denied IFP civil-procedure civil-rights court-authority due-process judicial-discretion judicial-immunity legal-procedure procedural-defect standing subject-matter-jurisdiction Whether a judge has judicial immunity when presiding over a case without subject matter jurisdiction
19-7874 Jackie Dewayne Andrews v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-03-04 Denied IFP civil-procedure constitutional-provisions district-court-jurisdiction due-process federal-court federal-jurisdiction federal-proceedings habeas-corpus habeas-proceedings integrity-of-proceedings judicial-review jurisdiction procedural-defect rule-60(b) rule-60b Does the district court have jurisdiction to consider a Rule 60(b) motion in habeas proceedings so long as the motion attacks, not the substance of th…
19-5990 David Alan Vogel v. United States Fifth Circuit 2019-09-18 GVR Relisted (2)IFP appellate-jurisdiction appellate-procedure circuit-court-jurisdiction circuit-court-split civil-procedure due-process judicial-review jurisdiction notice-of-appeal procedural-defect right-to-appeal standing supreme-court supreme-court-precedent Did the Fifth Circuit Court of Appeals conflict with Supreme Court precedent by denying the petitioner's right to appeal based on a minor defect in th…
18-9265 Juan Ramon Meza Segundo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-14 Denied IFP aedpa capital-case circuit-split extraordinary-circumstances federal-habeas federal-habeas-proceedings federal-procedure gonzalez-v-crosby habeas-corpus merits-review procedural-defect rule-60(b) rule-60b section-3599 Whether the denial of Section 3599 representation services under the wrong legal standard constitutes a defect in the integrity of the federal habeas …
18-8746 Tatyana E. Drevaleva v. California Department of Industrial Relations, Division of Labor Standards Enforcement California 2019-04-09 Denied IFP abandonment-of-appeal appeal appeal-dismissal attorney-signature civil-procedure civil-procedure-defects defendant-identification due-process electronic-service motion-to-dismiss party-identification procedural-defect service-of-process standing Shall the Court of Appeal grant Defendants' Motion to Dismiss an Appeal if Defendants improperly served the Plaintiff with this Motion
18-7821 Darryl Mixon v. Mississippi Mississippi 2019-02-07 Denied Response WaivedIFP actual-innocence civil-procedure criminal-conviction criminal-procedure due-process eighth-amendment formal-complaint jurisdiction jurisdiction-over-persons jurisdiction-over-subject-matter procedural-defect sentencing standing subject-matter Whether the trial court lacked jurisdiction over the persons and the subject matter of this cause, in absence of a signed formal complaint?
18-6002 David Librace v. Deborah Helton Wright, et al. Eighth Circuit 2018-09-17 Denied IFP appeal civil-procedure civil-rights due-process eighth-circuit federal-jurisdiction legal-notice procedural-defect remand service-of-process standing summary-judgment Whether the lower court erred in granting summary judgment in favor of the respondents when their attorney knew the summary judgment was issued illega…
18-5703 Joshua D. Blair v. Virginia Department of Corrections Fourth Circuit 2018-08-22 Denied IFP appeals arbitrary-and-capricious civil-procedure civil-rights due-process jurisdiction martinez-v-ryan procedural-defect standing Did the Foortis Cirecit Coors of Apgeals errored in Peii toner I writ, usinauny Vasiierer Shavoeck cont yi ed 1c an LYYPETrary ISSOL LWHYn Ane YM Circ…
18-5568 Carline Curry v. City of Mansfield, Ohio, et al. Ohio 2018-08-13 Denied Response WaivedRelisted (2)IFP bad-faith civil-procedure civil-rights constitutional-provisions court-procedure due-process judicial-discretion jurisdiction jurisdictional-challenge opinions-below patent procedural-defect standing summary-judgment takings Whether the lower court erred in its interpretation of the relevant constitutional and statutory provisions
18-5294 Herbert Pridgen v. United States Fourth Circuit 2018-07-20 Denied Response WaivedIFP adjudication appeal appellate-procedure appellate-review circuit-court-error civil-procedure criminal-procedure due-process ineffective-assistance-of-counsel insufficient-judgment judicial-review jurisdiction legal-adjudication procedural-defect sentencing Did the Circuit Court err in its opinion when it failed to properly address the four issues raised on appeal for adjudication, giving an insufficient …