| 25-370 |
Franz A. Wakefield, dba CoolTVNetwork.com, Inc. v. Blackboard, Inc., et al. |
Federal Circuit |
2025-09-29 |
Denied |
Response Waived |
appellate-panel due-process judicial-disability rule-60b structural-defect tribunal-integrity |
A three-judge panel that includes a judge later suspended for disability cannot satisfy 28 U.S.C. § 46(b) "in the first instance." Just as a two-membe… |
| 23-6256 |
Kenneth Ray Brabham v. Florida |
Florida |
2023-12-14 |
Denied |
IFP |
civil-rights constitutional-violation due-process judicial-discretion judicial-misconduct prosecutorial-misconduct structural-defect structural-error sua-sponte trial-procedure |
Whether a trial judge, giving the appearance of partiality by taking sua sponte actions in favor of the state, violates structural due process?
Is it… |
| 22-7329 |
Robert Wayne Gillman v. Florida |
Florida |
2023-04-20 |
Denied |
Response WaivedIFP |
conflict-of-interest fair-trial fraud judicial-abuse-of-discretion judicial-discretion manifest-injustice prosecutorial-misconduct structural-defect |
1. IS IT MANIFEST INJUSTICE WHEN CONFLICT OF INTEREST, PROSECUTORIAL MISCONDUCT AND JUDICIAL ABUSE OF DISCRETION AND FRAUD DEPRIVES DEFENDANT OF A FAI… |
| 21-5946 |
Corelanius Phillips v. Andrea Culclager, Warden |
Arkansas |
2021-10-13 |
Denied |
Response WaivedIFP |
due-process ineffective-assistance-of-counsel separation-of-powers sixth-amendment structural-defect subject-matter-jurisdiction |
Whether criminal defendants denied Due Process of Law entitle them to remedy where (1) The trial court empanelled an illegally constituted jury in vio… |
| 20-1356 |
Eduardo Lopez v. United States |
Eleventh Circuit |
2021-03-25 |
Denied |
|
appellate-rights conflict-of-interest counsel-disqualification criminal-procedure disqualification guilty-plea sixth-amendment structural-defect wheat-v-united-states |
1. Following Class v. United States, 138 S. Ct. 798
(2018), does a criminal defendant's guilty plea result in the automatic waiver of his right to app… |
| 20-6875 |
Jason Pierce v. Nathan Brooks, Warden |
Eleventh Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability court-appointed-counsel criminal-procedure death-penalty faretta-protocol habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-defect structural-defect |
Did the United States Court of Appeals for the Eleventh Circuit err in filing to issue a Certificate of Appealability from the denial of the Petition … |
| 20-5683 |
Carlton Smith v. Hilton Hall, Warden |
Georgia |
2020-09-14 |
Denied |
IFP |
civil-procedure constitutional-review constitutional-rights due-process federal-constitution fundamental-fairness judicial-review legal-standard standing state-court structural-defect |
(1) Does the states's waiver standard of fundamental Standard of the Federal constitution?
(2) Does a state collateral review court's failure to revi… |
| 19-7964 |
Varis R. Aizupitis v. Delaware |
Delaware |
2020-03-11 |
Denied |
Response WaivedIFP |
attorney-client-privilege confidential-materials constitutional-authority criminal-procedure criminal-procedure-defect criminal-process defense-counsel due-process federal-judiciary federal-jurisdiction ineffective-assistance-of-counsel strategic-intentions structural-defect structural-error |
I. Whether the release of confidential materials by defense counsel creates a structural defect in a criminal process where the release is contrary to… |
| 19-5792 |
Randall Turner v. Tennessee |
Tennessee |
2019-09-03 |
Denied |
IFP |
bias-adjudicator capital-adversary-procedures conflict-of-interest due-process equal-protection fifth-amendment fourteenth-amendment sixth-amendment statute-of-limitations structural-defect term-1 term-2 term-3 term-4 term-5 term-6 |
(1) Whether the appellate court appeal process was fundamentally unfair and a denial of due process of law under the Fifth, Sixth and Fourteenth Amend… |
| 19-5755 |
Billy Jack Crutsinger v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-29 |
Denied |
IFP |
60b-motion change-in-law civil-procedure civil-procedure-60b extraordinary-circumstances federal-procedure finality habeas-corpus rule-60b statutory-representation statutory-right-to-counsel structural-defect |
I. Whether in ruling on a 60(b) motion for relief from judgment, a court can consider "a change in the law" as one of many wide-range of factors, in d… |
| 18-8300 |
Paul Glen Everett v. Florida |
Florida |
2019-03-06 |
Denied |
IFP |
capital-case capital-punishment constitutional-defect harmless-error harmless-error-review hurst-v-florida jury-unanimity sixth-amendment sixth-amendment-error structural-defect structural-error trial-mechanism |
1. Whether the Sixth Amendment error identified by this Court in Hurst v. Florida is a structural defect that infects the entire constitutionality of … |
| 18-7382 |
Jervon L. Herbin v. Virginia |
Virginia |
2019-01-11 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity sentencing sixth-amendment structural-defect |
Did the Lower Court(s) Err in refusing to grant retroactive application to Fishback v. Commonwealth?
Did the Virginia Supreme Court Err in holding th… |