state-of-mind

9 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-1013 Dalibor Kabov and Berry Kabov v. United States Ninth Circuit 2024-03-15 Denied brady-violation brady-violations drug-trafficking invited-error invited-error-doctrine jury-instructions napue-violation napue-violations ruan-v-united-states section-841 state-of-mind 1. Whether this Court should grant, vacate, and remand as to Petitioners' drug distribution convictions in light of Ruan, or in the alternative, grant…
22-16 Business Exposure Reduction Group (BERG) Associates, LLC v. Pershing Square Capital Management, L.P. Second Circuit 2022-07-06 Denied Response Waived 12(b)(6) civil-procedure dismissal inference-drawing inferences judicial-discretion motion-to-dismiss pleading-standard pleadings rule-12b6 state-of-mind twombly-standard Whether the courts below deviated from and disregarded this Court's holding in Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007), by granting dismissal …
21-1435 Martin H. Leaf v. Nike, Inc., et al. Sixth Circuit 2022-05-12 Denied Response Waived civil-rights consumer-protection deceptive-conduct deceptive-practices free-speech internet-content pleading-standards standing state-of-mind subliminal-advertising Plaintiff alleged that the public – over four billion including Petitioner Martin Leaf -were exposed to a deceptive subliminal and subtle five -minute…
21-1376 Mary Alexandre v. National Union Fire Insurance Company of Pittsburgh, PA First Circuit 2022-04-25 Denied accidental-death civil-procedure employee-retirement-income-security-act erisa insurance insurance-policy presumption state-of-mind suicide suicide-presumption trial-procedure I. A policy insuring against accidental death, covered by the Employee Retirement Income Security Act of 1974, excludes coverage for the insured's sui…
20-8322 Fabian Perpall v. United States Eleventh Circuit 2021-06-15 Denied IFP circuit-split contested-issue criminal-evidence criminal-procedure federal-rules-of-evidence not-guilty-plea plea-of-not-guilty prior-bad-acts rule-404(b) rule-404b state-of-mind By pleading not guilty, can a defendant make his prior convictions admissible under Rule 404(b) to show "state of mind"?
20-1040 Michael Aaron Strickland v. Oregon Oregon 2021-01-29 Denied Response Waived 2nd-amendment constitutional-rights due-process prior-experiences reasonable-person second-amendment self-defense state-of-mind Did the Oregon courts err in holding that there is no Constitutional right of self-defense except for when someone like the judge would have behaved t…
20-833 William Todd Coontz v. United States Fourth Circuit 2020-12-21 Denied Response Waived criminal-procedure criminal-tax-prosecution expert-testimony expert-witness-exclusion foundation sentencing-guidelines state-of-mind tax-knowledge tax-prosecution willfulness willfulness-standard witness-testimony Was it reversable error for the trial court to exclude the Petitioner's/ Coontz's key witness – the CPA expert – from testifying in a criminal tax pro…
19-530 James Kerr Schlosser v. United States Third Circuit 2019-10-22 Denied Response Waived civil-rights constitutional-rights criminal-procedure due-process evidence-denial judicial-misconduct mens-rea reasonableness religious-beliefs restitution right-to-a-complete-defense state-of-mind statutory-authority willfulness 1. Whether the lower courts erred regarding the denied evidence, violating the defendant's constitutional right to a complete defense, if the evidence…
18-752 Edward Taupier v. Connecticut Connecticut 2018-12-12 Denied Response Waived civil-procedure criminal-law free-speech mens-rea negligence objective-standard recklessness scienter speech-act state-of-mind true-threats Whether in a prosecution for speech under the 'true threats' doctrine an objective standard of mere recklessness is sufficient to meet the scienter re…