| 24-7503 |
Bradley J. Harris v. United States |
Fifth Circuit |
2025-06-26 |
Denied |
Response WaivedIFP |
5th-circuit amendment-821 judicial-discretion procedural-error sentence-reduction sentencing-guidelines |
1) Whether the Fifth Circuit erred in affirming the district court's
denial of a sentence reduction under Amendment 821 despite procedural
errors, i… |
| 23-6742 |
Alexander D. Pennington v. United States |
Fifth Circuit |
2024-02-14 |
Denied |
Response WaivedIFP |
5th-amendment 5th-amendment-rights 5th-circuit criminal-investigation criminal-procedure custody fifth-amendment interrogation miranda-rights search-warrant |
Under the Fifth Amendment, is a suspect in a criminal investigation "in custody" when he is ordered out of his residence by armed agents who broke dow… |
| 22-6063 |
Naomi Michelle Gutierrez v. United States |
Fifth Circuit |
2022-11-16 |
Denied |
Response WaivedIFP |
5th-circuit criminal-procedure drug-offense due-process fifth-circuit firearm-enhancement presumption sentencing-guidelines tools-of-the-trade |
Whether the Fifth Circuit's practice of applying a tools-of-the-trade presumption to the firearm enhancement of sentencing guidelines §2D1.1(b)(1) vio… |
| 22-370 |
Percy Utley v. City of Houston, Texas, et al. |
Fifth Circuit |
2022-10-19 |
Denied |
Response Waived |
5th-circuit burden-of-proof civil-procedure civil-rights due-process fifth-circuit judicial-review pleading-standard probable-cause |
1. Whether the Fifth Circuit has so far departed from the accepted and usual application of the pleading standard as to require this Court's correctio… |
| 21-1595 |
Terrance Carvell Guinn v. United States |
Fifth Circuit |
2022-06-28 |
Denied |
Response Waived |
5th-circuit all-writs-act civil-procedure constitutional-conflict judicial-proceedings supervisory-power supreme-court-review writ-of-audita-querela writ-of-relief-from-judgment |
1. Whether the US Appeals Court for the 5th Circuit affirm decision has departed so far from the usual and accepted course of judicial proceedings pur… |
| 21-7032 |
Adrian Hunt v. United States |
Fifth Circuit |
2022-02-01 |
Denied |
Response WaivedIFP |
2d1.1(b)(1) 5th-circuit criminal-procedure due-process fifth-circuit firearm-enhancement sentencing-guidelines tools-of-the-trade tools-of-the-trade-presumption |
Whether the Fifth Circuit's practice of applying a tools-of-the-trade presumption to the firearm enhancement of sentencing guidelines §2D1.1(b)(1) vio… |
| 21-6045 |
Melissa Richardson v. United States |
Fifth Circuit |
2021-10-25 |
Denied |
Response WaivedIFP |
5th-circuit appellate-review criminal-procedure due-process evidence-sufficiency involuntary-confession judicial-error miranda-rights motion-to-suppress right-to-counsel |
Whether the 5th Circuit erred in denying Richardson's motion to suppress.
Whether the 5th Circuit erred in affirming that there was sufficient eviden… |
| 21-5725 |
Sergio Amaya-Martinez v. United States |
Fifth Circuit |
2021-09-20 |
Denied |
Response WaivedIFP |
28-u.s.c.s.-991(b) 5th-circuit circuit-court-interpretation criminal-procedure criminal-sentencing role-adjustment sentencing-fairness sentencing-guidelines statutory-interpretation u.s.s.g.-3b1.2 |
1. Whether the 5th Circuit Court has qualified the minor and minimal role adjustment commentary under U.S.S.G. §3 B1.2 such that the sentences in cons… |
| 20-7667 |
Troy Kendrick, Jr. v. United States |
Fifth Circuit |
2021-04-06 |
Denied |
IFP |
5th-circuit falsified-evidence franks-standard franks-v-delaware judicial-review law-enforcement-misconduct probable-cause sentencing-guidelines wiretap wiretap-evidence |
(1) When a law enforcement agent falsifies and misrepresents wiretap evidence to establish probable cause for a second wiretap, can a reviewing court … |
| 20-6568 |
Francisco Javier Gonzalez v. United States |
Fifth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
5th-circuit court-of-appeals criminal-procedure due-process legal-review procedural-question remand standard-of-review supreme-court united-states-v-penn |
Whether this Court should remand to the court below in light of United States v. Penn, 969 F.3d 450 (5th Cir. August 5, 2020)? |
| 20-581 |
United States, ex rel. Integra Med Analytics, L.L.C. v. Baylor Scott & White Health, et al. |
Fifth Circuit |
2020-11-02 |
Denied |
Response Waived |
3rd-circuit 5th-circuit alternative-explanation alternative-explanations false-claims-act federal-procedure pleading-standards relator statistical-analysis |
Numerous circuits have held that a relator may state a claim under the False Claims Act, 31 U.S.C. §§ 3729-32 (the "FCA"), by alleging "particular det… |
| 19-8017 |
Maria Mercedes Cancino, et al. v. Cameron County, Texas, et al. |
Fifth Circuit |
2020-03-18 |
Denied |
Response WaivedIFP |
5th-circuit civil-rights constitutional-rights district-court due-process legal-error state-created-danger |
1. The District Court and the 5th Circuit erred, as a matter of law, in failing to find that Appellants have a constitutional right to be free from st… |
| 19-6987 |
Darrell Wayne Bell v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-18 |
Denied |
IFP |
5th-circuit actual-innocence certificate-of-appealability circuit-court-conflict habeas habeas-corpus judicial-precedent merits-analysis newly-discovered-evidence shulp-v-delo |
QUESTION ONE:
Did the 5th Circuit Court of Appeals exceed the limited scope of the
Certificate of Appealability (COA) standard using a merits analysis… |
| 19-5824 |
William Alan Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-04 |
Denied |
IFP |
5th-circuit appellate-review certificate-of-appealability deadly-weapon due-process habeas-corpus habeas-relief habeas-relief-review ineffective-assistance-of-counsel procedural-default |
Did the U.S. Court of Appeals for the Fifth Ciruit err in it's ! .
denial of a certificate of appealability to review the U.S.
District Court's denial… |
| 19-231 |
Wes Perkins v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-21 |
Denied |
|
5th-amendment 5th-circuit actual-innocence certificate-of-appealability civil-procedure civil-rights due-process electronic-filing fifth-circuit habeas habeas-corpus judicial-procedure parties-to-proceeding pro-se-petition standing state-respondent |
1. Was DAVIS improperly included? (5th.Cir.)
2. Was PAXTON improperly dismissed? (W.D.Tex.)
3. Did PITMAN abuse discretion in disallowing Perkins's … |
| 19-5045 |
Donald Lee Hathorn v. United States |
Fifth Circuit |
2019-07-03 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 5th-circuit appellate-review criminal-procedure due-process electronic-devices fourth-amendment search-and-seizure supervised-release warrantless-search |
Whether the United States Court of Appeals for the Fifth Circuit erred by affirming the district court's requirement for Mr. Hathorn to submit his com… |
| 18-8736 |
Juan Espinoza, et al. v. San Benito Consolidated Independent School District |
Fifth Circuit |
2019-04-09 |
Denied |
IFP |
5th-circuit civil-procedure due-process fair-labor-standards-act genuine-dispute-of-material-fact inferences-in-favor-of-non-moving-party standard-of-review summary-judgment trial-court wage-violations |
1. The 5th Circuit erred when it affirmed the trial Court's granting of Respondent's Motion for Summary Judgment against all Petitioners on the issue … |
| 18-1180 |
New Vision Home Health Care, Inc., et al. v. Anthem, Inc., et al. |
Sixth Circuit |
2019-03-12 |
Denied |
Response Waived |
5th-circuit 6th-circuit administrative-law circuit-split collateral-claims due-process federal-jurisdiction mandamus-relief medicare-administrative-law-judge medicare-appeals-process medicare-contractors medicare-jurisdiction subject-matter-jurisdiction tort-claims |
1. Whether a circuit split exists between the
Fifth and Sixth Circuits regarding whether federalcourts have jurisdiction to issue mandamus relief toen… |
| 18-8272 |
Juliette Fairley v. Don Ford, et al. |
Fifth Circuit |
2019-03-05 |
Denied |
IFP |
14th-amendment 5th-circuit civil-procedure civil-rights disgorgement district-court diversity-jurisdiction due-process federal-courts standing statutory-interpretation subject-matter-jurisdiction |
1. Did the 5th Circuit Court of Appeals violate the 14th Amendment when it upheld Petitioner Juliette's dismissal which was based on the District Cour… |
| 18-6446 |
Juliette Fairley v. PM Management - San Antonio AL |
Fifth Circuit |
2018-10-26 |
Denied |
IFP |
5th-circuit ada americans-with-disabilities-act associational-standing civil-rights civil-rights-statute diversity-jurisdiction public-accommodation rule-19 standing |
1. Did the 5th Circuit err in finding that Appellant Juliette Fairley failed to state a cause of action under 42 U.S.C. § 2000a, or 42 U.S.C § 12182, … |
| 18-5716 |
Richard Blake Ray v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-23 |
Denied |
IFP |
5th-circuit buck-v-davis certificate-of-appealability civil-rights due-process effective-assistance-of-counsel fifth-circuit habeas-corpus reasonable-legal-argument supreme-court-law |
Ray had a claim that was "reasonably debatable" by "jurists of reason Sineee a reasonable legal argument could have been made. The district court and … |