right-to-appeal

87 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5498 Jason Strauch v. New Mexico New Mexico 2025-08-28 Denied IFP due-process equal-protection first-amendment fourteenth-amendment right-to-appeal writ-of-mandamus 1. Was the New Mexico Supreme Court's denial of Mr. Strauch's State Writ of Mandamus, contrary to the United State Constitution First Amendment, Right…
24-707 Lakshmi Arunachalam v. International Business Machines Corporation, et al. Federal Circuit 2025-01-02 Denied Response Waived conflict-of-interest due-process impartiality judicial-disqualification judicial-ethics right-to-appeal Can a judge with a financial conflict of interest issue a binding order in favor of the stock-issuing party?
24-6085 Tanya Tyson v. Madelyn Winningham, et al. Oklahoma 2024-12-05 Denied Response WaivedRelisted (2)IFP fraud-claim insurance-contract interlocutory-appeal procedural-error right-to-appeal subject-matter-jurisdiction Did the Supreme Court err in dismissing the case for lack of an appealable order and denying the right to appeal despite alleged fraud and jurisdictio…
23-7609 Donald Washington, Sr. v. California California 2024-05-31 Denied Response WaivedIFP constitutional-rights criminal-conviction criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief procedural-due-process right-to-appeal Did the Defendant have the Right to Appeal his Conviction 48 years Ago as a Right?
23-7333 Thomas Arnold v. Florida Florida 2024-04-29 Denied Response WaivedIFP 14th-amendment constitutional-rights due-process equal-protection equal-protections inability-to-afford-attorney post-conviction right-to-appeal state-constitution Whether State Post Conviction Appellant's are denied access to the court violating due process-of-law,equal-protections,14th-amendment,right-to-appeal…
23-7198 Ebone East, et al. v. Fix It Auto Repair, Inc. Arizona 2024-04-11 Denied Response WaivedIFP appeals civil-procedure due-process equal-protection first-amendment free-speech right-to-appeal standing state-court-discretion Does the federal courts apply proper standards of review when examining lower court rulings on due process, free-speech, equal-protection, civil-proce…
23-1006 In Re Christopher Gary Baylor 2024-03-13 Denied Response Waived appeal civil-procedure civil-rights constitutional-rights due-process free-speech judicial-delay mandamus-jurisdiction right-to-appeal section-1657 standing Does relief become impliedly denied upon the expiration of time to grant or deny, and if no, when does absence of any judgment, ruling, decision, decr…
23-744 Arthur Lopez v. Our Lady Queen of Angels Catholic Church California 2024-01-10 Denied Response WaivedRelisted (2) civil-procedure civil-rights conflict-of-interest due-process judicial-recusal recusal right-to-appeal self-represented-litigant standing Should Due Process be afforded to self-represented litigant in civil case against Catholic Church?
23-5688 Angel Marie Jordan v. United States Fifth Circuit 2023-10-02 Denied Response WaivedRelisted (2)IFP appeal-waiver constitutional-challenge criminal-justice criminal-procedure double-jeopardy due-process plea-agreement right-to-appeal Does a facially valid and credible good faith claim of a Double Jeopardy violation constitute a 'constitutionally impermissible factor' which cannot b…
23-5634 Jacob M. Currey v. Illinois Illinois 2023-09-21 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel legal-standard plea-bargaining right-to-appeal sixth-amendment Whether the court clerk's refusal to file a pro se motion to withdraw guilty plea violates the petitioner's right to appeal
23-5504 Jabriel Fitzgerald Lakes v. United States Fourth Circuit 2023-08-31 Denied Response WaivedIFP classification criminal-procedure due-process federal-rules-criminal-procedure incarceration-classification judicial-error presentence-report recidivism right-to-appeal sentencing sentencing-procedure Did the District Court commit error that substantively violated Lakes' right when it failed to include the disputes of the objection to the PSR which …
23-5312 In Re Brian D. Smith 2023-08-09 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-recusal plea-bargaining right-to-appeal Is Smith's plea of guilty invalid?
23-5295 Custodio Carrasco-Garcia v. United States Fifth Circuit 2023-08-07 Denied Response WaivedIFP counsel-performance criminal-procedure due-process ineffective-assistance right-to-appeal sixth-amendment strickland-standard strickland-v-washington Was the defense counsel ineffective in not automatically filing a notice of appeal?
23-5004 Gregory L. Randle v. United States Fifth Circuit 2023-06-30 Denied Response WaivedIFP appeal-waiver appellate-jurisdiction appellate-review criminal-procedure due-process fifth-circuit plea-agreement plea-bargaining procedural-waiver right-to-appeal waiver Whether the Fifth Circuit erred by dismissing Mr. Randle's appeal based on the waiver of appeal provisions in his Plea Agreement
22-7599 Curtis Marcel Barnette v. United States Fourth Circuit 2023-05-19 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver Does it violate due process for a defendant to be required to waive his right to appeal in order to enter into an otherwise favorable plea agreement w…
22-7553 Ivory Joe Tisdale v. United States Fourth Circuit 2023-05-15 Denied Response WaivedIFP appellate-rights constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver Does it violate due process for a defendant to be required to waive his right to appeal in order to enter into an otherwise favorable plea agreement w…
22-7404 Tomas Jaramillo v. United States Fifth Circuit 2023-04-28 Denied Response WaivedIFP appeal-rights attorney-client-communication attorney-consultation consultation-duty criminal-appeals criminal-defendant criminal-procedure flores-ortega-standard ineffective-assistance-of-counsel right-to-appeal sentencing Whether an attorney has failed to consult within the meaning of Roe v. Flores-Ortega
22-7290 Michael Kenneth Howard v. United States Fourth Circuit 2023-04-14 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility criminal-procedure district-court fourth-circuit right-to-appeal sentencing-guidelines waiver waiver-of-appeal Whether the Fourth Circuit erred by ruling that Mr. Howard waived his right to appeal whether the District Court erred by not applying Acceptance of R…
22-6795 Jacobo Rozo Posso v. United States Fourth Circuit 2023-02-15 Denied Response WaivedIFP constitutional-rights counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel legal-malpractice notice-of-appeal post-conviction-relief procedural-default right-to-appeal Whether counsel was ineffective for failing to file a notice of appeal when requested
22-6557 Diana Louise Houck v. Lifestore Bank, et al. Fourth Circuit 2023-01-18 Denied Response WaivedRelisted (2)IFP appellate-procedure circuit-court civil-procedure cumulative-finality dismissal finality interlocutory-appeal right-to-appeal rule-58 vacatur Cumulative Finality
22-5953 Robert Lee Swinton v. New York New York 2022-10-31 Denied Response WaivedIFP appeal-of-right appellate-procedure constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel notice-of-appeal procedural-default right-to-appeal Whether counsel can fail to file a Notice of Appeal after a defendant has shown a desire to appeal
22-5135 Joshua Jay Schroeder v. United States Ninth Circuit 2022-07-19 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure federal-rules plea-agreement right-to-appeal sentencing Does a defendant retain the right to appeal a sentence if, after imposition of the sentence, the district court advises the defendant of the right to …
21-7811 Kushawn Miles-El, aka Kushawn S. Miles v. Michigan Michigan 2022-05-09 Denied IFP appellate-counsel constitutional-error constitutional-errors court-transcripts due-process ineffective-assistance ineffective-assistance-of-counsel right-to-appeal structural-errors transcripts whether-petitioner-s-direct-appeal-as-of-right-should-be-reinstated
21-7575 Keith Morris v. United States Fourth Circuit 2022-04-08 Denied Response WaivedIFP appellate-waiver criminal-procedure due-process knowing-waiver plea-agreement plea-bargaining right-to-appeal sentencing waiver Whether a provision in a plea agreement which bars a defendant from appealing 'any sentence of imprisonment' can be knowingly entered into well before…
21-1275 Abetubokun Adesioye v. United States Fourth Circuit 2022-03-22 Denied Response Waived appeal appeal-waiver court-of-appeals criminal-appeal criminal-procedure due-process plea-bargaining right-to-appeal rule-11-colloquy sentencing sentencing-guidelines waiver Did the Court of Appeals err in finding that the petitioner knowingly and intelligently waived his right of appeal
21-7112 Sophana Sovann v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2022-02-14 Denied Response WaivedIFP appeal certificate-of-appealability civil-procedure civil-rights due-process habeas-corpus notice-of-judgment pro-se right-to-appeal Was a pro se state prisoner denied his right to appeal the District Court's order denying his habeas corpus petition?
21-6656 Azizjon Rakhmatov v. United States Second Circuit 2021-12-17 Denied Response WaivedIFP appellate-waiver constitutional-rights cruel-and-unusual-punishment due-process equal-protection guilty-plea plea-agreement right-to-appeal right-to-counsel sentencing-bias Whether a sentence based on racial and ethnic bias can be appealed pursuant to the Constitutional rights to due process and equal protection of the la…
21-6437 J. S. v. Kansas Kansas 2021-11-30 Denied Response WaivedIFP appeal constitutional-rights due-process effective-counsel fourteenth-amendment ineffective-assistance right-to-appeal sixth-amendment Did J.S. have a Fourteenth Amendment right to be advised by the Court of his right to appeal?
21-6196 I. A. v. Kansas Kansas 2021-11-05 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal civil-rights constitutional-law criminal-procedure due-process fourteenth-amendment ineffective-assistance legal-representation right-to-appeal standing Did I.A. have a Fourteenth Amendment right to be informed of his right to appeal?
21-5991 Ricky Allen Fackrell v. United States Fifth Circuit 2021-10-18 Denied IFP administration-of-justice appellate-record capital-cases federal-rule-of-appellate-procedure-10 right-to-appeal structural-error Whether an unrecorded conference in chambers is a 'hearing or trial,' or 'proceeding,' under Federal Rule of Appellate Procedure 10(c)
21-5797 George Verkler v. United States Ninth Circuit 2021-09-28 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process judicial-misconduct plea-agreement presumption-of-innocence right-to-appeal right-to-counsel sentencing Does the presumption of innocence and due process mean that if a judge will not read what a defendant in a criminal case submits to the court, or if t…
21-5745 Juan Francisco Turcios v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-22 Denied IFP constitutional-violation due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-appeal right-to-counsel sentencing sentencing-stage trial-counsel Was reversible error committed when trial counsel abandoned petitioner during a critical stage of the trial
21-5712 George Ferrer Sanchez v. United States Eleventh Circuit 2021-09-20 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process judicial-review plea-agreement plea-bargaining prosecutorial-discretion right-to-appeal sentencing Whether appeal waivers in plea agreements are enforceable
21-5655 Timothy Dean Leners v. Wyoming Wyoming 2021-09-13 Denied Response WaivedIFP constitutional-rights criminal-procedure discovery due-process effective-counsel ineffective-assistance pro-se-representation prosecutorial-misconduct right-to-appeal sixth-amendment Was Defendant's 6th Amend. right to Effective Counsel violated?
21-5468 Fredrick Mackie v. United States Ninth Circuit 2021-08-24 Denied Response WaivedIFP appellate-procedure criminal-appeal due-process in-forma-pauperis knowing-and-intelligent-waiver pro-se-appeal right-to-appeal right-to-counsel Whether a court must ascertain that a defendant-appellant's decision to abandon a criminal appeal is knowing and intelligent
21-5236 Manvester Evans, III v. Georgia Georgia 2021-07-28 Denied IFP abandonment-of-counsel appellate-review constitutional-rights criminal-trial due-process effective-assistance-of-counsel ineffective-assistance out-of-time-appeal right-to-appeal right-to-counsel trial-court-discretion Whether the defendant's due process right to appeal was violated when the state of Georgia denied his right to file an out-of-time appeal?
21-5118 Michael D. Dyers v. Georgia Georgia 2021-07-15 Denied IFP constitutional-rights conviction-court-dismissal due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-agreement prosecutorial-misconduct right-to-appeal transcript-evidence Whether the conviction court erred in dismissing the defendant's motion for out-of-time appeal based on no evidence showing the defendant lacked the r…
20-8393 Robert Steven McDaniel v. Georgia Georgia 2021-06-23 Denied IFP civil-rights constitutional-rights counsel-error criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies right-to-appeal Whether the defendant's due process rights were violated by the denial of his right to appeal an out-of-time appeal
20-8132 George Verkler v. United States Ninth Circuit 2021-05-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining presumption-of-innocence right-to-appeal right-to-counsel Does the presumption of innocence and due process require a judge to rule in favor of the defendant if the judge will not read everything submitted or…
20-7915 Larry Marcel Vaughn v. Texas Texas 2021-05-03 Denied IFP criminal-procedure due-process habeas-corpus ineffective-counsel right-to-appeal sixth-amendment Whether the failure of appointed counsel to provide petitioner of his right to appeal the trial court's application of his guilt and/or the assessed p…
20-7764 Jamil Stefon Carter v. O'Bell T. Winn, Warden Sixth Circuit 2021-04-14 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel jury-selection motion-to-suppress plea-withdrawal right-to-appeal Whether due process requires plea withdrawal where the petitioner was unaware that his guilty plea waived his right to appeal the denial of a pre-tria…
20-7536 Timothy L. Coleman v. Margaret Bradshaw, Warden Sixth Circuit 2021-03-23 Denied IFP brady-violation capital-habeas capital-punishment confessed-murderer due-process eighth-amendment habeas-corpus ineffective-assistance-of-counsel penalty-phase right-to-appeal right-to-due-process Whether a federal appellate court violates a capital habeas petitioner's rights by refusing to consider additional arguments and authorities in suppor…
20-7308 Michael N. Kelsey v. New York New York 2021-03-03 Denied IFP appellate-procedure criminal-appeal criminal-procedure due-process equal-protection ineffective-assistance post-conviction-motion right-to-appeal sentencing-judge-advisement Are New York's criminal appellate procedures deficient or prejudicial to due process?
20-7298 Andrew Watson Bunn v. Wisconsin Wisconsin 2021-03-02 Denied Response WaivedIFP appellate-review capital-case civil-procedure constitutional-law constitutional-provisions due-process judicial-procedure jurisdiction legal-jurisdiction petition-for-review right-to-appeal standing Whether a right to appeal is preserved when the questions presented remain unanswered
20-6816 Edward G. Rodriguez v. Timothy Filson, Warden, et al. Ninth Circuit 2021-01-11 Denied Response WaivedIFP certificate-of-appealability civil-procedure due-process habeas-corpus ineffective-assistance-of-counsel ninth-circuit notice-of-appeal procedural-error right-to-appeal Whether the Ninth Circuit clearly erred in denying Rodriguez's request for a certificate of appealability on an ineffective assistance of counsel clai…
20-6619 Pedro Carrasco, Jr., aka Pedro Carrasco v. United States Ninth Circuit 2020-12-14 Denied Response WaivedRelisted (2)IFP appellate-rights criminal-procedure dispositive-pretrial-motion effective-assistance-of-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-motion right-to-appeal sixth-amendment Is a criminal defendant deprived effective assistance of counsel as guaranteed by the Sixth Amendment when counsel knowingly withholds from the trial …
20-6558 Sonya Bamberg v. Georgia Georgia 2020-12-08 Denied IFP constitutional-rights criminal-procedure due-process evidence-suppression habeas-corpus judicial-procedure post-conviction-proceedings right-to-appeal right-to-counsel Whether a judge who did not preside over the trial may certify a supplemental record of testimony from witnesses eight years after a conviction when t…
20-710 John Grove v. Stephen A. Groome, et al. Tenth Circuit 2020-11-23 Denied Response Waived attorney-fees civil-rights due-process fifth-amendment fourteenth-amendment property-interest right-to-appeal small-claims-court takings Does Grove have a protected property interest under the Fifth and Fourteenth Amendments such that he has a civil-rights-claim and takings-claim agains…
19-8436 In Re Michael A. Young 2020-05-12 Denied Relisted (2)IFP appeals circuit-court civil-rights constitutional-provisions due-process federal-courts federal-procedure habeas-corpus judicial-recusal legal-standing right-to-appeal standing Whether indigent petitioner's 'gateway factual innocence' showing while being 'constructively' denied appointment of counsel on first and all other ap…
19-8118 Wisconsin, ex rel. Joshua M. Wren v. Reed Richardson, Warden Wisconsin 2020-03-27 Denied Response WaivedIFP appellate-rights constitutional-rights due-process ineffective-assistance-of-counsel laches laches-doctrine postconviction-relief procedural-default right-to-appeal When trial counsel acts ineffectiveness in failing to initiate a requested appeal leaves a defendant without appellate counsel, can delays and misstep…
19-7939 Robert James Pope, Jr. v. Wisconsin Wisconsin 2020-03-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right…
19-7768 Jibriil A. Hersi v. Harold May, Warden Sixth Circuit 2020-02-27 Denied Response WaivedIFP access-to-courts coercion constitutional-rights criminal-procedure due-process evidence-sufficiency judicial-misconduct jury-trial police-misconduct prosecutorial-discretion prosecutorial-misconduct right-to-appeal transcript trial-irregularities Whether I am entitled to get the missing records from my trial in Medina County, Ohio for statements made by the judge outside the hearing of the jury…
19-7347 Broderick Marshall v. Texas Texas 2020-01-21 Denied IFP appeals civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-appeal right-to-counsel right-to-jury-trial standing Whether the Texas Court of Criminal Appeals erred in denying petitioner's application for writ of habeas corpus challenging his conviction and sentenc…
19-7190 Ernesto Benavides Jr. v. Texas Texas 2020-01-07 Denied IFP appeal collateral-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pretrial-motion right-to-appeal sixth-amendment suppression-of-evidence Has Petitioner been denied the right to a meaningful appeal of his motion to suppress evidence under Jackson v. Denno, 378 U.S. 368 (1964), that occur…
19-833 In Re Philippe Buhannic 2020-01-02 Denied Response Waived appeal bias civil-rights constitutional-rights corruption due-process judicial-bias pro-se-litigant right-to-appeal standing state-appeal-courts Whether the state appeal courts have the right based on an obvious prejudice and bias to refuse due process to a foreign pro se litigant
19-7041 Pedro L. Ramirez-Rivera v. United States First Circuit 2019-12-20 Denied Response WaivedIFP brady-disclosure brady-v-maryland criminal-procedure direct-appeal due-process exculpatory-evidence post-conviction post-conviction-relief post-conviction-review prosecutorial-misconduct right-to-appeal Whether the United States Attorneys are obliged to disclose exculpatory evidence known to exist after the defendant has been convicted by trial by jur…
19-6792 Victor Sanchez v. Patrick Nogan, Administrator East Jersey State Prison, et al. Third Circuit 2019-12-02 Denied Response WaivedIFP constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-intervention plea-bargaining procedural-due-process right-to-appeal sentencing sentencing-review Where trial counsel admits to ineffective advice that lead to this petitioner being sentenced to (5) five years more time than he would have received …
19-6617 Melissa Morton v. United States Ninth Circuit 2019-11-14 Denied Response WaivedIFP appeal appellate-review circuit-split criminal-procedure-waiver due-process inter-circuit-conflict intra-circuit-conflict jury-instruction jury-instructions legal-procedure right-relinquishment right-to-appeal waiver Whether a defendant waives his right to challenge a jury instruction on appeal if he proposed the instruction below, even if the record contains no ev…
19-581 Paul Dovin, et ux. v. Kenneth L. Sweitzer, et al. Pennsylvania 2019-11-05 Denied appeals appellate-procedure civil-procedure collateral-order-doctrine collateral-orders collateral-orders-doctrine due-process judicial-review pennsylvania-supreme-court procedural-doctrine right-to-appeal standing Whether the Pennsylvania Supreme Court Erred in Denying Petitioners Right to Appeal Under the Collateral Orders Doctrine?
19-6374 Kim Moss v. Michigan Michigan 2019-10-25 Denied IFP appeal appeal-of-right appellate-procedure consolidation constitutional-rights constitutional-rights-to-appeal constitutional-violation due-process ineffective-assistance-of-counsel procedural-delay right-to-appeal state-court-procedures state-procedures trial-court-error Was Petitioner Moss' constitutional right to appeal violated where the trial court failed to reinstate his appeal of right?
19-6384 Dieugrand Jacques v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-10-24 Denied Response WaivedIFP appellate-review constitutional-rights due-process fabricated-evidence false-evidence hearsay-evidence ineffective-assistance-of-counsel judicial-review post-conviction-relief right-to-appeal sex-offender-registration wrongful-conviction Why thousands of men and women like myself in this great country should continue to be kept illegally in prison only because a lawyer presented a fake…
19-6208 Darrell Alan Lussier v. United States Eighth Circuit 2019-10-08 Denied Response WaivedIFP 2255-motion appellate-procedure certificate-of-appealability court-of-appeals district-court due-process established-precedent habeas-corpus habeas-corpus-appeal judicial-precedent precedent right-to-appeal section-2255 When a District Court's denial of a §2255 motion is contrary to established precedent, is the Court of Appeals required to grant a certificate of appe…
19-6196 Frank D. Monsegue, Sr. v. United States Eleventh Circuit 2019-10-07 Denied Response WaivedRelisted (2)IFP appeals appointment-of-counsel civil-procedure civil-rights constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel right-to-appeal right-to-be-informed standing Whether the defendant's constitutional rights were violated by the court's failure to appoint counsel and provide adequate assistance of counsel
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…
19-362 Patrick Kent Lindsey Jones v. Allen Jones Louisiana 2019-09-18 Denied 14th-amendment appeal civil-procedure contested-funds due-process equal-protection finality-of-judgment fourteenth-amendment interlocutory-judgment right-to-appeal standing state-court state-court-jurisdiction Under the 14th Amendment, Section 1, how can a state court deny the right to appeal, by deeming a judgment which distributes contested funds to be a n…
19-5931 Darryl Allen v. Pennsylvania Pennsylvania 2019-09-13 Denied Response WaivedRelisted (2)IFP appeal appellate-rights collateral-relief collateral-review constitutional-rights counsel-consultation due-process garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal roe-v-flores-ortega waiver Did the Pennsylvania courts err in denying collateral relief where prior counsel was ineffective for failing to consult fully with the petitioner, Dar…
19-5700 Maximo Brito-Tejeda v. United States First Circuit 2019-08-23 Denied Response WaivedIFP client-request constitutional-right due-process garza-v-idaho habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-malpractice notice-of-appeal procedural-default right-to-appeal sixth-amendment Whether Garza v. Idaho, 139 S. Ct. 738 (2019), applies to petitioner's claim that his defense counsel was ineffective by failing to file a notice of a…
19-5603 Jonathan Javier Aleman v. United States Eleventh Circuit 2019-08-15 Denied Response WaivedIFP appeal-waiver certificate-of-appealability collateral-review constitutional-counsel criminal-case-defendant-rights criminal-defense evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-appeal sentencing sentencing-challenge subject-matter-jurisdiction Was defense counsel's advice constitutionally inadequate?
19-5336 John S. Benchick v. United States Sixth Circuit 2019-07-25 Denied Response WaivedIFP court-reporting due-process exculpatory-evidence government-misconduct mandatory-victims-restitution-act prosecutorial-misconduct restitution right-to-appeal trial-record trial-transcript unbiased-prosecutor witness-testimony Does the Defendant have a right to a true and correct record of his trial
19-5295 In Re Larry Charles 2019-07-24 Denied Relisted (2)IFP due-process exceptional-circumstances fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mandamus right-to-appeal sixth-amendment supreme-court-precedent writ-of-mandamus Do exceptional circumstances exist in the Petitioner's case that justify granting his Petition seeking a Writ of Mandamus when he has demonstrated a c…
18-9318 Darnell Dunlap v. Michigan Michigan 2019-05-17 Denied Response WaivedIFP administrative-law civil-procedure civil-rights constitutional-rights due-process equal-protection fourteenth-amendment griffin-v-illinois indigent-appellant right-to-appeal standing statutory-interpretation Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted
18-9216 Klark Deziray Hopkins v. California California 2019-05-09 Denied Response WaivedIFP appeal appeal-waiver constitutional-rights due-process fourteenth-amendment ineffective-assistance liberty plea-agreement presumption-against-waiver property right-to-appeal Do the presumption against waiver of fundamental constitutional rights and the Fourteenth Amendment Due Process Clause's guaranty against deprivations…
18-8172 Corinthian Bostic v. United States Eleventh Circuit 2019-02-28 Denied Response WaivedIFP attorney-withdrawal conflict-of-interest due-process fifth-amendment indigent indigent-defendant ineffective-assistance motion-to-withdraw pre-trial-hearing pre-trial-motion right-to-appeal Did the pre-trial judge abuse its discretion by denying Bostic's appointed attorney's motion to withdraw where Bostic and his trial counsel had a conf…
18-7901 Darrius DaJuan Cohee v. James Yates, Warden Tenth Circuit 2019-02-11 Denied IFP abuse-of-discretion conflict-of-interest constitutional-rights due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal Was Petitioner's Counsel Ineffective For Failing To File Petitioner's Motion To Withdraw Guilty Plea
18-7089 Esau Milliner v. Kathy Litteral, Warden Sixth Circuit 2018-12-19 Denied Response WaivedIFP appeal-waiver closing-argument confession constitutional-rights criminal-procedure due-process first-degree-burglary ineffective-assistance-of-counsel initial-aggressor procedural-bar right-to-appeal right-to-testify self-defense trial-counsel Effective-assistance-of-counsel
18-6946 Sergio Louis Trevino v. Texas Texas 2018-12-06 Denied Response WaivedIFP appeal appeal-rights constitutional-challenge criminal-procedure due-process plea-bargaining presentencing-waiver right-to-appeal sentencing sentencing-procedure waiver waiver-of-appeal waiver-validity Can a presentencing waiver of appeal be knowingly and intelligently entered when potential errors cannot be anticipated and the consequences of the wa…
18-6601 Stefone Dwayne Palomo v. United States Fifth Circuit 2018-11-07 Denied Response WaivedIFP anders-review appeal appeal-rights appellate-review due-process fifth-circuit-rules frivolous frivolous-issues ineffective-assistance local-rules merits right-to-appeal sua-sponte-dismissal Does Petitioner's right to an appeal require either a decision on the merits or an Anders review with a finding that all issues are frivolous?
18-6450 Justen Russell v. LaShann Eppinger, Warden Sixth Circuit 2018-10-26 Denied Response RequestedResponse WaivedRelisted (3)IFP 28-usc-2244 aedpa aedpa-limitations appeal appellate-rights diligence due-process equitable-tolling habeas-corpus mental-health-confinement mental-illness right-to-appeal state-created-impediment Does the complete failure by court and counsel to advise a defendant of his right to appeal and the time period in which to do so constitute a 'state-…
18-6295 Steven Anthony Walcott, Jr. v. Louisiana Louisiana 2018-10-11 Denied Response WaivedIFP civil-rights criminal-procedure due-process ineffective-assistance-of-counsel right-to-appeal right-to-counsel right-to-fair-trial Did the district court err in denying the accused's petition for writ of habeas corpus?
18-344 Linda Shao v. McManis Faulkner, LLP California 2018-09-17 Denied Relisted (2) access-to-courts american-inns-of-court attorney-client-relationship civil-procedure conflict-of-interest conflicts-of-interest court-of-appeal due-process judge-disclosure judicial-ethics recusal right-to-appeal social-relationship Does due process require reversal of dismissals due to judge's failure to recuse or disclose conflicts of interest
18-5946 William A. Parrish, Jr. v. Lyneal Wainwright, Warden Sixth Circuit 2018-09-12 Denied Response WaivedIFP appellate-rights court-of-appeals due-process effective-assistance-of-counsel grand-jury-selection indigent indigent-defendant indigent-litigant judicial-discretion perjured-testimony pro-se right-to-appeal right-to-counsel self-representation speedy-trial transcript trial-transcript Did the State Court of Appeals have the authority to deny a pro se indigent litigant a copy of his trial transcript because he choose to represent him…
18-5842 Ricky B. Chhea v. Theresa DelBalso, Superintendent, State Correctional Institution at Mahanoy, et al. Third Circuit 2018-08-30 Denied Response WaivedIFP but no substantive text was provided in your mess I cannot generate a meaningful question presented please provide the full text of the petition. aedpa civil-rights discovery due-process equitable-tolling habeas-corpus notes-of-testimony right-to-appeal standing statute-of-limitations Is equitable tolling warranted, where a petitioner is denied access to the notes of testimony and discovery, even after properly and timely invoking h…
18-5675 David Pate v. United States Fourth Circuit 2018-08-22 Denied Response WaivedIFP appellate-procedure appellate-review constitutional-law criminal-procedure due-process government-overreach plea-bargaining right-to-appeal Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement?
18-5420 Tyler T. Heagy v. Pennsylvania Pennsylvania 2018-07-31 Denied Relisted (2)IFP appeal-rights constitutional-rights criminal-procedure due-process filing-restrictions habeas-corpus post-conviction-relief procedural-due-process right-to-appeal right-to-counsel standing statutory-interpretation unconstitutional-as-applied Was 42 Pa.C.S.A. §9543 (a)(1)(i) unconstitutional as applied to Petitioners case?
18-5418 Kenneth Green v. Colorado Colorado 2018-07-31 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-procedure collateral-attack due-process federal-questions fourth-amendment indigent-defendant march-7-2014 motion plea-bargaining right-to-appeal transcript written-motion Whether the state has constitutional authority to prosecute and accept a guilty plea without a probable cause determination and a voluntary, knowing, …
18-5141 Taylor Don Frederiksen v. Texas Texas 2018-07-05 Denied IFP appeal appellate-procedure collateral-consequences court-standards criminal-procedure due-process ineffective-assistance judicial-review legal-argument prejudice procedural-rules right-to-appeal right-to-counsel state-court-procedures state-court-rules Whether Mr. Frederiksen should continue to suffer prejudice and collateral legal consequences from his uncounseled conviction when the lower state cou…
18-5063 Charles Byers v. United States Fourth Circuit 2018-06-29 Denied Response WaivedIFP class-decision counsel-notification criminal-procedure-appeal-rights due-process fourth-circuit habeas-corpus ineffective-assistance-of-counsel mandate-recall profitt-v-united-states recall-mandate right-to-appeal supreme-court-review wilkins-precedent wilkins-v-united-states Whether the Fourth Circuit erred in denying Petitioner's Motion to Recall Mandate When Counsel Failed to Notify Him of his Right to seek review from t…