| 23-7161 |
James E. Homan v. United States |
Fifth Circuit |
2024-04-08 |
Denied |
Response WaivedIFP |
district-court due-process facts judicial-discretion record revocation revocation-proceeding sentencing supervised-release |
Whether the district court violated Mr. Homan's right to due process during the sentencing phase of this supervised release revocation proceeding when… |
| 23-791 |
Peter Thompson v. Gregg Sullivan, et al. |
Ninth Circuit |
2024-01-23 |
Denied |
Response Waived |
appeal appellate-procedure civil-procedure district-court-proceedings due-process fraud ninth-circuit-rules pro-se-filing procedural-due-process record record-exclusion standing |
Did the Ninth Circuit err in concluding that the lower US District Court of Montana proceedings could be equitably affirmed when the district court ob… |
| 22-7226 |
Travis J. Guttu v. Chris S. Buesgen, Warden |
Seventh Circuit |
2023-04-06 |
Denied |
Response WaivedIFP |
actual-innocence aedpa-deadline due-process ineffective-assistance miscarriage-of-justice no-trial plea-agreement procedural-innocence record sixth-amendment-right |
Does a claim of procedural innocence require a petitioner to show his actual innocence with facts outside of the record where no trial took place? |
| 22-6907 |
Jeremy Jermaine Cumbie v. Texas |
Texas |
2023-03-02 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-unusual-punishment due-process evidence evidence-outside-record outside-the-record record sentencing trial-court-discretion |
Was Mr. Cumbie denied due process when the court considered evidence outside the record in assessing the sentence? |
| 22-758 |
Aparna Vashisht-Rota v. Howell Management Services, LLC |
Utah |
2023-02-13 |
Denied |
Response WaivedRelisted (2) |
appeals appellate-procedure civil-procedure court-of-appeals due-process judicial-immunity procedural-rules record record-review standing u.r.a.p-11 |
Whether the Court of Appeals allowing materials not on the record conflicts with the requirements of U.R.A.P 11? |
| 22-6058 |
Justin David Martin v. United States |
Sixth Circuit |
2022-11-15 |
Denied |
Response WaivedIFP |
court-of-record criminal-procedure evidence evidence-admission federal-prosecution procedural-error record search-warrant structural-error waiver |
Whether the federal prosecution's reliance on a state search warrant without making it part of the formal record constitutes structural error |
| 22-5774 |
Dajuan L. Banks v. Ohio |
Ohio |
2022-10-05 |
Denied |
IFP |
court-of-record evidence-forgery forged-document fourth-amendment judicial-record record res-judicata search-warrant |
Are the rights protected under the Fourth Amendment offended where a search warrant affidavit and warrant were not entered on the record? |
| 21-6431 |
Vegas D. Smith v. United States |
Fourth Circuit |
2021-11-29 |
Denied |
IFP |
abuse-of-discretion appeals appellate-review career-offender criminal-procedure explanation judicial-discretion procedural-error record sentencing sentencing-modification statutory-interpretation |
Did the Court of Appeals for the Fourth Circuit commit error when it affirmed the District Court's decision to deny petitioner's motion filed under 18… |
| 19-8732 |
Efrain Leyva Hernandez v. United States |
Ninth Circuit |
2020-06-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion accurate-information criminal-procedure due-process judicial-discretion ninth-circuit record sentencing speculative-inference speculative-inferences |
Does a district court violate a defendant's due process right to be sentenced based on accurate information and abuse its discretion when it imposes a… |
| 19-7888 |
Josephine Banks v. Waffle House, Inc. |
Georgia |
2020-03-05 |
Denied |
IFP |
appeal appellate-rights civil-procedure constitutional-rights court-procedure denial-of-appeal due-process in-forma-pauperis judicial-error legal-document notice-of-appeal procedural-justice record standing |
When a lower court overlooks a required legal document that is in the record, fails to correct their error and proceeds to deny a litigant the right t… |
| 19-7422 |
Andre Antonio Fairley v. Mississippi |
Mississippi |
2020-01-27 |
Denied |
Response WaivedIFP |
civil-rights colloquy constitutional-provisions criminal-procedure due-process jurisdiction record self-incrimination sentencing waiver |
Whether the court committed reversible structural error by failing to consider unindicted conduct on the record colloquy with a waiver of course, besi… |
| 19-6997 |
Gary A. Bailey v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-12-18 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights court-procedure due-process honest-and-just judicial-integrity judicial-system justice-standards legal-system record standing truth-and-justice truth-in-law |
Does the integrity of our judicial system rely on truth and justice? |
| 19-6311 |
Adam Douglas Boylen v. United States |
Sixth Circuit |
2019-10-21 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights claim-exhaustion constitutional-law due-process foreclosure habeas-corpus ninth-circuit petition-preclusion procedural-default record standing state-court-record takings |
Whether the court erred in dismissing the petitioner's claims based on the Takings Clause of the Fifth Amendment |
| 19-5737 |
Jerome Burnam v. Pennsylvania |
Pennsylvania |
2019-08-28 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights court-reasoning due-process judicial-procedure mandamus meaningful-opportunity-to-seek-redress re-sentencing reasons reasons-on-the-record record redress sentence-imposition writ-of-mandamus |
Whether Writ of Mandamus jurisdiction was abridged or if this Petitioner's Due Process Rights were Denied to Meaningful opportunity to seek Redress, f… |
| 19-5592 |
Dawud Spaulding v. Ohio |
Ohio |
2019-08-15 |
Denied |
IFP |
capital-defendant capital-punishment defense-counsel due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-presumption post-conviction post-conviction-proceedings record record-evidence standard-of-review strategic-decision strategic-decision-making |
Should courts presume defense counsel acted strategically, even when the evidence in the record demonstrates a lack of strategy in their actions? |
| 18-8989 |
Dwayne Stoutamire v. Donald Morgan, Warden |
Sixth Circuit |
2019-04-25 |
Denied |
Relisted (2)IFP |
28-usc-2244 appeals civil-procedure due-process habeas-corpus mandate motion-to-vacate record standing successive-petitions |
Whether my motion to vacate the mandate & record of successive petition is considered a second successive application that the Court of Appeals should… |
| 18-8868 |
Amilcar C. Butler v. United States |
Sixth Circuit |
2019-04-17 |
Denied |
Response WaivedIFP |
clerical-error commitment court-filing criminal-procedure fed-r-crim-p-36 federal-criminal-procedure federal-rules-of-criminal-procedure judgment judgment-correction judicial-error procedural-rule record |
Is it error for the district court to file an order granting a petition to correct a clerical error in the judgment under Fed. R. Crim. P. 36, but fai… |
| 18-8688 |
Frederick A. McShan v. United States |
Sixth Circuit |
2019-04-04 |
Denied |
Response WaivedIFP |
civil-rights constitutional-provisions criminal-procedure double-jeopardy due-process fundamental-rights ineffective-assistance-of-counsel judicial-misconduct judicial-review legal-interpretation procedural-rights record statutory-provisions |
Whether the District Court erred in denying the appellant's due process and fundamental fairness claims |
| 18-8344 |
James Edward Whitney v. Arkansas |
Arkansas |
2019-03-08 |
Denied |
Response WaivedIFP |
appeal appeal-procedure appeal-process-issues civil-procedure clerk-error clerk-of-court clerk-of-court-duties court-filing due-process institutional-filing notice-of-appeal record record-filing record-lodging standing timeliness |
Whether the clerk of the court improperly declined to lodge the record on the petitioner's appeal from the order of the Circuit Court for Washington C… |
| 18-8230 |
Montgomery Carl Akers v. United States |
Tenth Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-rights counsel-of-choice court-procedure due-process fifth-amendment jurisdiction legal-obstruction record standing |
Does petitioner/appellant/defendant have a constitutional right under the Fifth Amendment due process clause to have his case heard by the district co… |
| 18-7545 |
Briand Williams v. California |
California |
2019-01-24 |
Dismissed |
Response WaivedIFP |
appellate-counsel due-process equal-protection plea-bargain right-to-counsel statute-of-limitations 14th-amendment 6th-amendment appellate-counsel due-process equal-protection ineffective-assistance plea-bargain record statute-of-limitations strickland-standard strickland-v-washington |
Ineffective-assistance-of-counsel |
| 18-7460 |
Clint Horvatt v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-01-16 |
Denied |
IFP |
adversarial-testing appeal change-of-venue civil-procedure competency-hearing criminal-acts criminal-procedure disciplinary-history due-process independent-act-doctrine ineffective-assistance involuntary-intoxication record standing trial-counsel trial-court |
Did the trial court fail to attach portions of the record? |
| 18-7355 |
Michael R. Haynes v. Oregon Board of Parole and Post-Prison Supervision, et al. |
Ninth Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
administrative-law agency-deference civil-procedure civil-rights due-process judicial-review opinion order record standing |
Whether the record shows that the respondents deviated from the applicable legal standards |
| 18-6605 |
Joseph Perrone v. United States |
Seventh Circuit |
2018-11-07 |
Denied |
Response WaivedIFP |
adversarial-proceeding appellate-review burrage-precedent causation causation-standard due-process government-assertions judicial-procedure record standard standard-of-proof united-states-v-burrage |
Did the lower courts refuse to follow the decision and holdings of this Court in United States v. Burrage, 571 U.S. 204, 134 S.Ct. 881, 187 L.Ed.2d 71… |
| 18-6555 |
Lester Barnett v. City of Gastonia, North Carolina |
Fourth Circuit |
2018-11-02 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment appeal constitutional-violation due-process judicial-proceedings record record-preservation |
Was it unconstitutional to not preserve the record of the judicial proceedings in violation of due process of law of the 5th and 14th Amendment of the… |
| 18-5268 |
Jeremiah T. Sailor v. United States |
Eleventh Circuit |
2018-07-18 |
Denied |
IFP |
28-usc-2255 acca burden-of-proof collateral-review johnson johnson-v-united-states record residual-clause sentencing |
Whether a court may grant a 28 U.S.C. § 2255 petition collaterally challenging a sentence under Johnson when the sentencing judge never specified - an… |