waiver-of-rights

49 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-5342 In Re Richard J. Ramsey 2024-08-20 Denied Relisted (2)IFP constitutional-rights court-martial due-process jury-trial sixth-amendment waiver-of-rights Whether waiving jury trial is constitutional under the 6th Amendment when the amendment did not secure trial by jury as an absolute right
23-7477 Joseph Ira Patterson, III v. United States Fourth Circuit 2024-05-15 Denied Response WaivedIFP appeal appellate-jurisdiction criminal-appeal criminal-procedure drug-possession due-process plea-agreement plea-bargain sentencing sentencing-enhancement waiver waiver-of-rights Whether a provision in a plea agreement which bars a defendant from appealing 'any sentence of imprisonment' can be knowingly entered into well before…
23-1113 Atishma Kant, et al. v. Service Employees International Union, Local 721, et al. Ninth Circuit 2024-04-12 Denied Response RequestedResponse WaivedRelisted (2) affirmative-consent collective-bargaining compelled-speech first-amendment labor-union labor-unions public-employee public-sector waiver-of-rights Can a public sector labor union and government employer unilaterally waive public employees' First Amendment rights through a collective bargaining ag…
23-1111 Glenn Laird v. United Teachers Los Angeles, et al. Ninth Circuit 2024-04-12 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) compelled-speech consent first-amendment nonmember-employees public-sector-labor public-sector-unions union-dues waiver-of-rights Do nonmember public employees who have rescinded their prior consent to union dues deductions enjoy the same right to freedom from compelled speech as…
23-1065 Robert A. Eaton v. Montana Silversmiths Ninth Circuit 2024-03-29 Denied Response Waived abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process judicial-discretion ninth-circuit pro-se-litigation standing waiver waiver-of-rights Whether the Ninth Circuit had power to waive Eaton's constitutional rights
23A713 Richard Lee Tabler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-02-01 Presumed Complete agency-duties death-penalty ineffective-assistance procedural-default state-habeas waiver-of-rights Whether an attorney's complete abdication of agency duties during a client's waiver of state habeas review can constitute cause to excuse a procedural…
23-6187 Jamar Green v. United States Fourth Circuit 2023-12-07 Rehearing Response RequestedResponse WaivedRelisted (3)IFP appellate-review constitutional-validity criminal-procedure due-process federal-criminal-procedure guilty-plea plea-bargaining pro-se-representation right-to-counsel sentencing waiver-of-counsel waiver-of-rights Whether an uncounseled felony guilty plea is Constitutionally valid
23-6069 Jeremie Saintvil v. United States Eleventh Circuit 2023-11-21 Denied Response RequestedResponse WaivedRelisted (3)IFP bank-fraud constitutional-law constitutional-permissibility criminal-charging criminal-law double-jeopardy due-process fundamental-constitutional-rights statutory-interpretation waiver-of-rights Whether the two bank fraud subsections of 18 U.S.C. § 1344 are separate and distinct offenses that require charging in separate counts?
23-5730 Blaise Caroleo v. United States Second Circuit 2023-10-06 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing sentencing-scheme statutory-interpretation waiver-of-rights Whether a waiver of the Eighth Amendment protections against cruel and unusual punishment is valid
23-5671 Oscar Hernandez Maldonado v. United States Fourth Circuit 2023-09-29 Denied Response WaivedIFP appellate-review criminal-procedure cultural-assimilation downward-departure expert-testimony ineffective-assistance-of-counsel presentence-report sentencing waiver-of-rights Whether the United States Court of Appeals properly affirmed the trial court's determination that the petitioner was not denied effective assistance o…
23A129 Cuhuatemoc Peraita v. Alabama Alabama 2023-08-16 Presumed Complete capital-punishment extraneous-prejudicial-information jury-impartiality mitigation-evidence sixth-amendment waiver-of-rights Whether a capital defendant's waiver of mitigation evidence is knowing and voluntary under the Sixth and Fourteenth Amendments when the defendant suff…
23-5121 Kyle Ross Rivers v. United States Fifth Circuit 2023-07-18 Denied Response WaivedIFP appeal constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining sentence-appeal sentencing waiver waiver-of-rights Whether a defendant can waive the right to appeal his sentence before the right has accrued
22-7245 Paul DiBiase v. United States Second Circuit 2023-04-10 Denied Response WaivedIFP armed-career-criminal due-process plea-agreement post-conviction post-conviction-review sentencing sentencing-enhancement violent-felony waiver-of-rights Whether a defendant who pleads guilty to being an armed career criminal is precluded from challenging the predicate convictions in a post-conviction p…
22-575 William S. Toppi v. Massachusetts Massachusetts 2022-12-21 Denied Response Waived constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias massachusetts-appeals-court-rule-23.0 plea-waiver procedural-due-process recusal waiver-of-rights Whether the sentencing judge and defense counsel were required to recuse themselves after exhibiting clear bias relating to Defendant's case
22-536 Eliezer Alberto Jimenez v. United States Sixth Circuit 2022-12-12 Denied constitutional-rights criminal-procedure guilty-plea habeas-corpus miscarriage-of-justice unconstitutional-conditions waiver-of-rights Whether requiring a criminal defendant to waive the right to seek habeas corpus or its substitute as a condition of a guilty plea violates the unconst…
22-310 A. W., et al. v. Princeton Public Schools Board of Education, et al. Third Circuit 2022-10-03 Denied Relisted (3) civil-rights educational-placement educational-placement-and-settlement-agreement federal-court individuals-with-disabilities-education-act procedural-safeguards special-education state-law waiver-of-rights Whether a school district can condition special education services on a parent's agreement to waive a child's federal statutory and civil rights
22-5649 Graylin Gray v. Scott R. Frakes, Director, Nebraska Department of Corrections, et al. Nebraska 2022-09-22 Denied Response WaivedIFP arraignment court-filing criminal-procedure due-process personal-jurisdiction service-of-process subject-matter-jurisdiction waiver-of-rights Whether the district court had subject matter jurisdiction when the amended information was not filed until after the petitioner appeared in court and…
22-5446 Jose Francisco Maldonado-Rosa v. United States Fifth Circuit 2022-08-25 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement sentencing waiver waiver-of-rights Whether the Fifth Circuit erred by ruling that Mr. Maldonado waived the right to appeal his sentence
21-1367 Amy Nichols-Stuart v. County of Amador, California, et al. California 2022-04-21 Denied child-welfare civil-procedure civil-rights dependency-proceeding dependency-proceedings drunk-driving due-process familial-association jurisdictional-report standing waiver-of-rights Does a parent who in a state court dependency proceeding submitted to jurisdiction on a staff prepared jurisdictional report and did not submit on a d…
21-7328 Glen S. v. Connecticut Connecticut 2022-03-09 Denied Response WaivedIFP circuit-split constitutional-right criminal-defendant criminal-procedure due-process judicial-canvassing probation-violation right-to-testify testimony-rights trial-court-duty waiver waiver-of-rights Should an affirmative duty be imposed on trial courts to canvass criminal defendants about their right to testify?
21-6630 Daniel A. Rodriguez v. United States Eleventh Circuit 2021-12-16 Denied Relisted (2)IFP 28-usc-455 appeal appellate-rights criminal-procedure due-process federal-statute guilty-plea judicial-recusal recusal waiver-of-rights Whether an unconditional guilty plea waives a federal criminal defendant's right to appeal a district court's failure to recuse under 28 U.S.C. § 455(…
21-6405 Ashley McArthur v. Florida Florida 2021-11-24 Denied IFP 5th-amendment 6th-amendment criminal-procedure custodial-interrogation due-process fifth-amendment involuntary-confession law-enforcement miranda-rights self-incrimination waiver-of-rights Whether a law enforcement officer's violation of a defendant's rights set forth in Miranda v. Arizona, 384 U.S. 436 (1966), renders a subsequent waive…
21-639 Mark R. Smith v. Kate Bieker, et al. Ninth Circuit 2021-11-01 Denied Response Waived dues-seizure employee-rights first-amendment fourteenth-amendment johnson-v-zerbst state-action union-speech waiver waiver-of-rights May a State, consistent with the First and Fourteenth Amendments, seize for union speech payments from an employee who has notified the State that he …
21-6109 Jackie Harris v. United States Eighth Circuit 2021-10-28 Denied Response WaivedIFP constitutional-rights due-process fourth-amendment judicial-authority probable-cause reasons-for-granting search-warrant statutory-interpretation waiver-of-rights when-lower-court-removes-waiver-and-assigns-counsel-for-appeal
21-293 Vincent Alphonso Powell v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-08-30 Denied Response Waived civil-rights competency competency-hearing constitutional-rights due-process forcible-medication mental-health panel-decision precedent standing waiver-of-rights Did the State of Arizona, Superior Court, confront a set of facts that are materially indistinguishable from the decision of this honorable Court in t…
20-8442 Luckner Pierre v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-06-28 Denied Response WaivedIFP access-to-court certificate-of-appealability civil-procedure due-process language-assistance language-barrier mental-competency miranda-rights procedural-due-process standing waiver-of-rights whether-the-u.s.-court-of-appeal-for-the-11th-circuit-denied-the-petitioner-his-procedural-due-process-right-and-access-to-court
20-7182 Anton Tuomi v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-02-19 Denied Response WaivedIFP appellate-procedure conflict-of-interest faretta-rights faretta-v-california guilty-plea ineffective-assistance ineffective-assistance-of-counsel right-to-counsel waiver-of-rights Whether the petitioner was denied his right to counsel
20-6521 Hector Valdez v. United States First Circuit 2020-12-03 Denied Response WaivedIFP appeal-waiver appellate-review criminal-procedure first-step-act retroactivity sentencing statutory-interpretation waiver-of-rights Whether a defendant's pre-First Step Act waiver of appeal rights applies to claims based on the First Step Act's passage
20-389 Peter J. Schaffer, et al. v. Joey Long Ninth Circuit 2020-09-25 Denied appellate-review bristol-myers-squibb civil-procedure constitutional-rights due-process personal-jurisdiction specific-jurisdiction subject-matter-jurisdiction waiver waiver-of-rights Does a full litigation of the merits of a personal jurisdictional challenge sufficiently preserve the issue for full review on appeal?
20-5089 William Kirkpatrick, Jr. v. Kevin Chappell, Warden Ninth Circuit 2020-07-16 Denied IFP 28-usc-2254e1 capital-inmate-rights capital-punishment colloquy due-process federal-review habeas-corpus presumption-of-correctness state-court-proceedings waiver waiver-of-rights whitmore-v-arkansas Whether the Ninth Circuit contravened Whitmore v. Arkansas in upholding a capital inmate's waiver of the right to proceed absent a colloquy demonstrat…
19-7051 Adan Reyes-Martinez v. United States Fifth Circuit 2019-12-23 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement plea-bargaining sentencing waiver waiver-of-rights Whether the Fifth Circuit erred by ruling that Mr. Reyes-Martinez waived the right to appeal his sentence
19-6746 Michael Anthony Mitchell v. United States Fourth Circuit 2019-11-25 Denied Response WaivedIFP appellate-review due-process equal-protection fair-hearing ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-disparities sentencing-disparity sentencing-review unwarranted-sentence waiver-of-rights Does a waiver of direct appeal rights and collateral rights excepting claims premised on ineffective assistance of counsel violate a defendant's due-p…
19-611 Rene A. Boucher v. United States Sixth Circuit 2019-11-13 Denied Response RequestedResponse WaivedRelisted (2) appeal below-guideline-sentence criminal-procedure double-jeopardy due-process plea-agreement plea-bargaining sentencing sentencing-appeal waiver waiver-of-rights Did the government waive its right to appeal the defendant's sentence?
19-6376 Josue Osvaldo Solis v. United States Fifth Circuit 2019-10-24 Denied Response WaivedIFP appeal construction criminal-procedure due-process fairness fairness-doctrine plea-agreement sentence-appeal sentencing waiver waiver-of-rights Whether a defendant can knowingly waive the right to appeal his sentence before understanding the right
19-6387 Trent S. Griffin, Sr. v. American Zurich Insurance Company, et al. Fifth Circuit 2019-10-24 Denied Response WaivedRelisted (2)IFP circuit-split civil-procedure default default-judgment pleading procedural-rules summary-judgment supervisory-power waiver-of-rights writ writ-of-mandamus writ-of-prohibition Whether a party who fails to plead or otherwise defend within the time allowed by Rule, waive their rights on all claims
19-5760 Aly Toure v. New York New York 2019-08-29 Denied Response WaivedIFP appeal appellate-review civil-procedure civil-rights criminal-procedure due-process judicial-procedure mental-health standing supreme-court-precedent waiver-of-rights Did the appellate division violate clearly established federal supreme court ratified law?
19-5355 Benny Ray Regalado v. United States Fifth Circuit 2019-07-26 Denied Response WaivedIFP 5th-amendment due-process fifth-amendment hearing-neutrality judicial-procedure neutral-hearing-body parole plea-bargaining probation probation-revocation revocation-hearing waiver-of-rights Whether a defendant waives his right, under the Due Process Clause of the Fifth Amendment, to a neutral and detached hearing body at his probation-rev…
19-104 Flavio Tamez v. United States Fifth Circuit 2019-07-22 Denied Response WaivedRelisted (2) appeal-waiver appellate-procedure certificate-of-appealability collateral-attack constitutional-effectiveness criminal-defendant-waiver due-process immigration-consequences ineffective-assistance ineffective-assistance-of-counsel jae-lee-v-united-states sentencing-consequences waiver-of-rights Whether a criminal defendant's generic waiver of right to appeal or collateral attack can waive ineffective assistance of counsel claim
18-9642 Jeffrey Benton v. United States Second Circuit 2019-06-12 Denied Response WaivedIFP appeal class-v-united-states criminal-procedure direct-appeal double-jeopardy face-of-the-record guilty-plea indictment united-states-v-broce waiver-of-rights Whether a defendant who enters an unconditional guilty plea and waives appeal can raise a double-jeopardy argument on direct appeal
18-1405 Robert N. Taylor, III v. United States Third Circuit 2019-05-08 Denied Response Waived civil-rights constitutional-rights due-process first-amendment good-faith income-tax standing tax tax-liability waiver waiver-of-rights Whether a citizen can be compelled to waive constitutional rights or pay a tax he does not owe in good faith
18-8846 Silvio Lopez Cuellar v. United States Eleventh Circuit 2019-04-16 Denied Response WaivedIFP appellate-review criminal-procedure district-court due-process plea-agreement plea-bargaining sentencing sentencing-appeal sentencing-guidelines statutory-interpretation waiver-of-rights Does a defendant's plea agreement waiver of the statutory right of a sentencing appeal preclude appellate review of the sentence even where the distri…
18-8641 Willie Houston, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-01 Denied IFP constitutional-rights guilty-plea ineffective-assistance ineffective-assistance-of-counsel objective-record plea-bargaining postconviction-proceedings probation probation-eligibility record-of-trial trial-record unintelligent-waiver waiver-of-rights Whether the court must give greater weight to the objective record of trial over counsel's affidavit in an ineffective assistance of counsel claim
18-8535 Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-03-22 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure defendant-representation due-process-violation ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal judicial-waiver jurisdiction prosecutorial-effectiveness prosecutorial-misconduct prosecutorial-overreach right-to-counsel trial-court-discretion waiver-of-constitutional-rights waiver-of-rights Whether state statutes provide pre-trial remedies for prosecutorial overreaching by interlocutory appeal, and whether defense counsel's failure to per…
18-798 Joanna Joy Blauch v. Colorado Colorado 2018-12-21 Denied Response WaivedRelisted (2) civil-procedure constitutional-rights due-process effective-assistance-of-counsel evidentiary-error evidentiary-standards exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington waiver-of-rights Does ruling the substantive nature of materially relevant documentary evidence with apparent exculpatory value effected non-existent, without applying…
18-6906 David E. Miller v. Tony Parker, Commissioner, Tennessee Department of Correction, et al. Sixth Circuit 2018-12-03 Denied IFP coercion cruel-and-unusual-punishment death-penalty eighth-amendment ex-post-facto execution-method lethal-injection waiver waiver-of-rights When an inmate alleges that both his original and later-imposed punishments for the same crime violate the Eighth Amendment but the later-imposed puni…
18-6807 Larry M. Slusser v. United States Sixth Circuit 2018-11-26 Denied IFP circuit-split collateral-attack criminal-procedure due-process plea-agreement sentencing statutory-maximum waiver-of-rights Whether a defendant's waiver of the right to collateral attack in a plea agreement bars a claim that the sentence exceeds the statutory maximum for th…
18-6582 Kareem Glass v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset Third Circuit 2018-11-06 Denied Response WaivedIFP appellate-procedure appellate-rights capital-punishment constitutional-rights death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel mitigating-circumstances penalty-phase sixth-amendment waiver waiver-of-rights where-capital-counsel-induced-petitioner-into-a-waiver
18-5656 Venise Metayer v. Florida Florida 2018-08-20 Denied IFP constitutional-rights counsel-misadvice counsel-role due-process illegal-sentence ineffective-assistance plea-agreement plea-bargaining sentencing trial-court-denial waiver waiver-of-rights Were the petitioner's constitutional rights violated when the trial court denied her motion for illegal sentence based on counsel's misadvice to accep…
18-202 Haynes Timberland, Inc. v. United States First Circuit 2018-08-15 Denied Response Waived appeal-waiver collateral-attack criminal-procedure direct-appeal due-process plea-agreement plea-bargaining pre-sentence-waiver sentencing waiver waiver-of-rights Whether a defendant who waives the right to a direct appeal of his conviction and sentence can implicitly waive his right to collaterally attack his c…