selective-prosecution

18 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-7070 In Re Shawn Michael Chalifoux 2025-04-24 Denied IFP conspiracy controlled-substance false-testimony grand-jury prosecutorial-misconduct selective-prosecution Does an Assistant U.S. Attorney have the authority to present perjurious testimony and/or false declarations before a grand jury and/or district court…
23-1228 Mason Murphy v. Michael Schmitt Eighth Circuit 2024-05-21 GVR Response RequestedRelisted (2) circuit-split civil-rights first-amendment free-speech nieves-exception probable-cause retaliatory-arrest selective-enforcement selective-prosecution Whether the Nieves probable-cause exception allows courts to consider allegations that no one else has been arrested for the same crime
23-6075 William Phillip Neidinger v. United States Ninth Circuit 2023-11-22 Denied Response WaivedIFP administrative-remedy constitutional-interpretation due-process effective-counsel identity-rights judicial-defect judicial-review jury-selection mandamus presumption-of-innocence selective-prosecution Is not having actual availability of effective counsel and actual presumption of innocence, particularly in cases deriving from previous judicial defe…
23-5749 Mark Anthony Thompson v. United States Fifth Circuit 2023-10-11 Denied Response WaivedIFP certificate-of-appealability circuit-court-review criminal-law criminal-procedure due-process habeas-corpus selective-adjudication selective-prosecution standard-of-review statutory-interpretation supreme-court-precedent Does the Fifth Circuit's selective adjudication and undermining the law of this Court's ruling on conduct outside the statutory definition of a crime …
23-5074 Juan Carlos Valles, Jr. v. United States Eleventh Circuit 2023-07-12 Denied Response WaivedIFP bureau-of-prisons federal-prosecution fifth-amendment fourteenth-amendment selective-enforcement selective-prosecution statutory-obligations Is the Federal Bureau of Prisons a statutory corporation governed by federal laws, and are federal prosecutors obligated to prosecute all federal inma…
22-7581 Michael D. Beiter, Jr. v. United States Eleventh Circuit 2023-05-17 Denied Response WaivedIFP access-to-records chilling-effect court-precedent due-process government-action grand-jury legal-relief legal-rights penalization procedural-limitation prosecutorial-misconduct selective-prosecution Whether a person is precluded from doing what the law plainly allows them to do, as the government pursues a course of action to penalize a person's r…
22-7468 Donatus O. Mbanefo v. United States Eleventh Circuit 2023-05-05 Denied Response WaivedIFP 14th-amendment constitutional-deficiency criminal-procedure due-process equal-protection minority-rights selective-prosecution sixth-amendment trial-counsel Whether the lower courts erred by lending themselves to a prosecution that intentionally selected minority physicians for prosecution in violation of …
22-7381 Larry Anthony Ladson, Jr. v. United States Fourth Circuit 2023-04-26 Denied Response WaivedIFP certificate-of-appealability civil-rights criminal-procedure due-process equal-protection habeas-corpus judicial-review legal-standing procedural-due-process selective-prosecution standing Whether Petitioner was a victim of Selective-Prosecution
22-6341 Angela Schmid v. United States Tenth Circuit 2022-12-19 Denied Response WaivedIFP civil-rights due-process equal-protection prosecutorial-misconduct selective-prosecution vindictive-prosecution Whether the district court erred in denying the defendant's motion to dismiss the indictment on the grounds of selective prosecution and vindictive pr…
22-5687 Michael G. Peters v. Mital K. Brammbatt Fifth Circuit 2022-09-28 Dismissed IFP anti-slapp civil-rights cruel-unusual-punishment due-process judicial-conspiracy prison-mail-misappropriations racketeering rico rico-anti-slapp selective-prosecution standing Whether the lower courts erred in dismissing petitioner's claims alleging a decade-long cover-up of political, judicial, and corporate racketeering cr…
21-5484 Sylvia Diaz v. United States Fifth Circuit 2021-08-25 Denied Response WaivedIFP conspiracy criminal-law due-process equal-protection firearms licensed-dealer mens-rea selective-prosecution straw-purchase Whether the 'straw purchase' offense under 18 U.S.C. § 922(a)(6) requires the defendant to have known the seller was a 'Licensed Dealer'
20-7696 Hamid Reza Ardaneh v. United States, et al. First Circuit 2021-04-09 Denied Response WaivedIFP civil-rights constitutional-rights discriminatory-arrest due-process equal-protection false-arrest false-indictment forced-medication human-rights malicious-prosecution selective-prosecution Why were the defendant discriminated against and illegally arrested?
19-8275 Robert L. Swinton v. United States Second Circuit 2020-04-16 Denied Response WaivedIFP automatic-exclusion complex-motion due-process pretrial-detention prior-conviction selective-prosecution sixth-amendment speedy-trial structural-error Was there error in the U.S. Sixth Amendment Speedy Trial and Speedy Trial Act assessment of this case?
19-6378 Raymond Gentile v. United States Ninth Circuit 2019-10-24 Denied Response WaivedIFP 21-usc-841 21-usc-846 criminal-justice-system due-process equal-protection federal-statute geographic-classification geographic-disparity geographic-location marijuana-legalization marijuana-offenses prima-facie prima-facie-claim prosecutorial-discretion selective-prosecution Is geographic location an arbitrary classification in the application of prosecutorial decisions for marijuana-related offenses under 21 U.S.C §§ 841 …
19-5808 Sean M. Donahue v. Pennsylvania Pennsylvania 2019-09-04 Denied Response WaivedRelisted (2)IFP 2nd-amendment civil-rights constitutional-rights due-process first-amendment free-speech labor-anti-injunction-act retaliation retaliatory-prosecution second-amendment selective-prosecution standing takings Whether the actions described in the email are protected by the US Second Amendment
18-731 Stefany Vega Duron, a Minor, et al. v. Ron Johnson, et al. Fifth Circuit 2018-12-07 Denied Response Waived administrative-remedy constitutional-rights fifth-amendment first-amendment iirira immigration immigration-law judicial-review selective-prosecution Is there an administrative remedy in the immigration courts to decide American citizens' claims of a violation of their First and Fifth Amendment cons…
18-6610 Mark Johnson v. Illinois Illinois 2018-11-08 Denied Response WaivedIFP actual-innocence actual-perpetrator coerced-confession constitutional-rights criminal-procedure due-process exclusion-of-evidence fair-trial ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief prosecutorial-misconduct selective-prosecution successive-petition Whether the petitioner should be allowed to present newly discovered evidence of actual innocence in a successive post-conviction petition, despite th…
18-5799 In Re Robert N. Smithback 2018-08-28 Denied Relisted (2)IFP constitutional-rights due-process habeas-corpus jurisdiction jury-trial plea-agreement plea-bargaining selective-prosecution subject-matter-jurisdiction trial-by-jury Whether Smithback is being deprived of his liberty without due process of law