procedural-violation

17 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5046 Pierre Haobsh v. Santa Barbara County Sheriff's Office, et al. Ninth Circuit 2025-07-08 Denied IFP constitutional-rights district-court due-process false-evidence habeas-corpus procedural-violation Whether the district court's denial of habeas corpus relief based on alleged procedural violations and false evidence constitutes a violation of due p…
24-561 RSBCO v. United States Fifth Circuit 2024-11-19 Denied Response Waived attorney-fees fifth-circuit-review invited-error jury-instructions procedural-violation tax-dispute Did the Fifth Circuit err in reversing a lower court ruling by interpreting undefined jury instructions and verdict forms in a tax dispute against the…
24-61 Michael Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan Fifth Circuit 2024-07-19 Denied Amici (3)Response Waived circuit-split civil-rights de-novo-review deference deferential-standard due-process erisa plan-administrator procedural-violation procedural-violations standard-of-review Whether significant procedural violations of ERISA require de novo review, strict adherence, or some other heightened standard that does not defer to …
22-1060 Haywood Jackson Mizell v. Citizens Bank, et al. Eleventh Circuit 2023-05-02 Denied Response Waived bankruptcy-trustee conflict-of-interest fiduciary-duty procedural-violation promissory-note property-sale security-agreement standing subject-matter-jurisdiction Is it a conflict of interest for the Respondent's attorney to be appointed a Bankruptcy Chapter 7 Trustee that, after appointment, uses a 'perfected s…
22-907 Monte Silver, Ltd. v. Internal Revenue Service, et al. District of Columbia 2023-03-17 Denied Response Waived article-iii-standing compliance-costs procedural-violation regulatory-flexibility-act small-business-rights tax-cuts-and-jobs-act transition-tax Whether a small business has Article III standing to bring an RFA action challenging a regulation
22-6348 Douglas James Schneider v. United States Eighth Circuit 2022-12-20 Denied Response WaivedIFP appellate-review court-of-appeals criminal-procedure federal-rules-of-criminal-procedure plain-error procedural-violation rule-11 substantial-rights waiver Whether the court of appeals erred in holding the failure to object to the violation of Rule 11(c)(1) provides dispositive evidence that the violation…
22-6140 Taylor Winston Wright v. United States Ninth Circuit 2022-11-22 Denied Response WaivedRelisted (2)IFP appellate-review civil-rights constitutional-claim district-court due-process judicial-review merits-review ninth-circuit procedural-violation Can the Ninth Circuit fail to address the merits of a constitutional claim based on a procedural violation the district court adjudicated wrong?
22-5767 Silas Kendricks v. Okeechobee Correctional Institution, et al. Florida 2022-10-05 Denied Response WaivedIFP civil-rights constitutional-rights detention due-process equal-protection florida-statute legal-adherence procedural-violation respondent-liability Whether the detention of detainees by the respondent is unconstitutional due to the respondent's failure to adhere to the applicable Florida statute, …
21-5565 Fortrell Latrae Sain v. United States Fifth Circuit 2021-09-02 Denied Response WaivedIFP constitutional-rights cross-examination discovery-violations due-process government-misconduct habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review procedural-violation sentencing Whether the defendant was denied the opportunity to fully cross-examine the key government witness
19-8354 Nelson Romero v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-04-24 Denied IFP appellate-review civil-rights constitutional-rights district-court due-process fundamental-liberty liberty-interest procedural-flaws procedural-violation summary-judgment Whether the district court erred in dismissing petitioner's case with prejudice and failing to certify any issue for appellate review, depriving petit…
19-5556 Regina Lewis v. United States Second Circuit 2019-08-12 Denied Response WaivedRelisted (2)IFP civil-procedure criminal-procedure criminal-prosecution due-process federal-jurisdiction federal-magistrate federal-state-balance procedural-violation rule-of-lenity standing statutory-interpretation title-18-usc-115 Did United States Magistrate Gabriel Gorenstein violate the Fed. R. Civ. P. Rule 4 (b)
19-179 Naora Ben-Dov v. Shoshana Zelda Sragow, aka Stacy Suzanna Sragow, et al. Ninth Circuit 2019-08-08 Denied Response Waived civil-procedure civil-rights complaint-dismissal continuous-accrual court-discretion criminal-law criminal-offenses dismissal-with-prejudice due-process judicial-review pleadings procedural-violation statute-of-limitations Should an action based on multiple civil and criminal offenses be considered from the first instance, the last known instance, or after evidence of nu…
19-5440 Lena McCollum v. Hubert Peterkin, et al. Fourth Circuit 2019-08-06 Denied Response WaivedIFP accrual civil-procedure civil-rights concealment constitutional-rights due-process executive-knowledge illegal-entry law-enforcement procedural-violation search-and-seizure search-warrant standing Whether the accrual date for a claim alleging illegal search and seizure is the date of execution for a defendant, who did not directly participate bu…
19-5396 Vincent Anzalone v. United States First Circuit 2019-07-30 Denied Response WaivedIFP criminal-procedure exclusionary-rule federal-rule-of-criminal-procedure-41(b) federal-rules-of-criminal-procedure good-faith-exception government-policy judicial-authority jurisdiction procedural-violation warrant warrant-application Whether the good faith exception to the exclusionary rule is categorically applicable to a warrant issued in violation of Federal Rule of Criminal Pro…
18-8856 Jairo Estupinan Micolta v. United States Eleventh Circuit 2019-04-17 Denied Response WaivedIFP civil-rights constitutional-rights due-process illegal illegal-transfer jurisdiction legal-transfer procedural-violation standing transfer united-states-jurisdiction Was due process violated when Micolta was illegally transferred into the United States jurisdiction without any due process of law?
18-815 T. B., Jr., By and Through His Parents, T. B., Sr., et ux. v. Prince George’s County Board of Education, et al. Fourth Circuit 2018-12-28 Denied child-find child-find-requirement disability-accommodation educational-decline educational-rights forest-grove-school-dist-v-ta forest-grove-school-district-v-ta individuals-with-disabilities-education-act parental-requests procedural-violation special-education special-education-supports Whether a disabled student deprived of an appropriate education under IDEA may be left without a remedy
18-6524 Brian Thomas, aka O'Brian A. Thomas, aka Thomas A. O'Brian v. United States Fifth Circuit 2018-10-31 Denied Response WaivedIFP appellate-standard berger-standard berger-v-united-states berger-v-us due-process fair-trial fifth-circuit harmless-error judicial-review jury-bias jury-misconduct procedural-violation prosecutorial-misconduct standard-of-review Whether the Fifth Circuit courts violated Berger v US after it conceded that the violations had occurred but deciding that it was 'implausible that it…