| 24-5988 |
In Re Bryan Lee Gregory |
|
2024-11-18 |
Denied |
Response WaivedIFP |
8th-circuit due-process federal-procedure judicial-misconduct judicial-review mandamus |
(1). DID CHIEF JUDGE SMITH VIOLATED 28 USC 352 (A) BY DETERMING
DISPUTED FACT;IN MR.GREGORY'S COMPLAINT AGAINST DISTRICT JUDGE
STEVEN BOUGH AND OTHER… |
| 23-5566 |
Scott A. Anthony v. United States |
Third Circuit |
2023-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
3rd-circuit 4th-circuit 8th-circuit child-abuse circuit-split criminal-procedure federal-criminal-law interstate-commerce sexually-explicit-conduct statutory-interpretation visual-depiction |
The Child Abuse Victims Right Act of 1986 led to the passage of 18 USC § 2251(a) which prohibits the knowing possession of videos and any other matter… |
| 23-5113 |
Charleton Maxwell v. United States |
Eighth Circuit |
2023-07-17 |
Denied |
Response WaivedIFP |
8th-circuit conservative-estimate criminal-procedure drug-quantity due-process federal-sentencing judicial-discretion sentencing sentencing-guidelines walton-rule |
Issue 1.
In the case at bar the sentencing judge refused to a apply a higher
standard than a mere preponderance when the issue was, based
on a drug… |
| 22-1243 |
Hieu Minh Le v. United States |
Eighth Circuit |
2023-06-27 |
Denied |
Response Waived |
4th-amendment 8th-circuit administrative-search constitutional-search due-process eighth-circuit inspection-level motion-to-suppress north-american-standard-inspection warrant-requirement |
Whether the Eighth Circuit erred in holding a
North American Standard Inspection Level II
inspection is an adequate substitute for the warrant
require… |
| 21-8153 |
Michael Tisius v. Paul Blair, Warden |
Eighth Circuit |
2022-06-16 |
Denied |
IFP |
8th-circuit certificate-of-appealability conflict-of-interest death-penalty eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel statutory-interpretation |
The Eighth Circuit redefined and amended Congress's lenient certificate of
appealability (COA) standard found in 28 U.S.C.§ 2253 with a more restricti… |
| 21-7652 |
Damian Scott Olvera v. United States |
Eighth Circuit |
2022-04-19 |
Denied |
Response WaivedIFP |
8th-amendment 8th-circuit certificate-of-appealability circuit-court constitutional-rights due-process federal-procedure habeas-corpus judicial-review miller-el-v-cockrell slack-v-mcdaniel |
Whether the Eighth Circuit's Court of Appeals misapplied the standard for issuing a Certificate of Appealability as dictated by §2253(c)(2) and this C… |
| 21-7524 |
Matthew Staszak v. John P. Yates, Warden |
Eighth Circuit |
2022-04-01 |
Denied |
Response WaivedIFP |
28-usc-2241 8th-circuit actual-innocence circuit-split due-process habeas-corpus local-rule-47a(a) section-2241 summary-disposition |
I. SHOULD THIS COURT GRANT THE WRIT WHERE PETITIONERS DUE PROCESS RIGHT WAS FORECLOSED ON WHEN ON APPEAL FROM THE LOWER COURTS DENIAL OF HIS RIGHT TO … |
| 21-6458 |
David A. Callison v. United States |
Eighth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
8th-circuit civil-procedure due-process law-enforcement proof-of-insurance rodriguez-analysis traffic-stop trial-record |
1. Whether the 8th Circuit erred by refusing to perform a Rodriguez analysis on whether or not a traffic stop was improperly extended because it misco… |
| 21-6172 |
Justin Paul Sulzner v. United States District Court for the Northern District of Iowa |
Eighth Circuit |
2021-11-04 |
Denied |
Response WaivedRelisted (2)IFP |
8th-circuit civil-rights covert-operations due-process emergency-relief injunctive-relief judicial-review national-security odni standing |
granted emergency injunctive reliefs against an ODNI covert community operating inside the CCJW, when proof is available that past ODNI covert operati… |
| 21-5540 |
Guadalupe Urbina-Rodriguez v. United States |
Eighth Circuit |
2021-08-31 |
Denied |
Response WaivedIFP |
18-usc-922g1 18-usc-924a2 8th-amendment 8th-circuit carachuri-rosendo-v-holder criminal-firearm-possession criminal-history eighth-circuit-precedent felony-enhancement second-amendment-rights sentencing-interpretation statutory-construction |
I.
Because Urbina-Rodrigue z was never actually sentenced to
serve a term of imprisonment that exceeds one year, by the State
of Missouri's court ba… |
| 20-7660 |
In Re Justin Paul Sulzner |
|
2021-04-05 |
Denied |
Response WaivedIFP |
8th-circuit civil-procedure civil-rights due-process indigent injunctive-relief mentally-disabled pro-se standing statutory-interpretation |
1. Whether the 8th Cir. Appellate Court should have used "special care" when dealing with a mentally disabled, indigent, pro se Plaintiff under 28 U.S… |
| 20-6948 |
Beau Brandon Croghan v. United States |
Eighth Circuit |
2021-01-26 |
Denied |
IFP |
8th-circuit child-pornography criminal-intent criminal-law eighth-circuit evidence evidence-retention knowingly-receives mens-rea statutory-interpretation website-viewing |
Whether the Eighth Circuit erred by holding that a defendant knowingly receives child pornography by viewing it on a website, even without any evidenc… |
| 20-5846 |
Anthony C. Green v. Kelly Lake, Sheriff, Carlton County, Minnesota, et al. |
Eighth Circuit |
2020-10-01 |
Denied |
Response WaivedRelisted (2)IFP |
8th-circuit civil-commitment civil-rights constitutional-standard due-process excessive-force fourteenth-amendment objective-reasonableness qualified-immunity |
The question presented is whether the 8th Circuits ' decision is contrary to this Court 's decision in Kingsley. |
| 20-5595 |
Joshua Glen Box v. United States |
Eighth Circuit |
2020-09-04 |
Denied |
Response WaivedIFP |
8th-circuit categorical-approach child-pornography criminal-law eighth-circuit federal-criminal-law predicate-offense predicate-offenses sentencing statutory-interpretation |
Whether the Court of Appeals for the Eighth Circuit erred when it failed to properly apply the categorical approach to determine whether Mr. Box's pri… |
| 20-5554 |
Kenton Dayne Eagle Chasing v. United States |
Eighth Circuit |
2020-09-01 |
Denied |
Response WaivedIFP |
18-usc-3583 8th-circuit circuit-split criminal-offense criminal-revocation public-importance sentencing-procedure sixth-amendment subject-matter-jurisdiction |
1) Whether the Eighth Circuit Court of Appeals erred on a matter of public importance and created a circuit split when it ruled that subject matter ju… |
| 19-8700 |
Cody Strodtman v. Scott R. Frakes, Director, Nebraska Department of Correctional Services |
Eighth Circuit |
2020-06-15 |
Denied |
IFP |
8th-circuit civil-procedure civil-rights due-process standing supreme-court |
Question not identified. |
| 19-1172 |
Mark Targowski v. Zachary Lee Rawlins |
Eighth Circuit |
2020-03-27 |
Denied |
Response Waived |
8th-circuit civil-procedure civil-rights direct-appeal due-process evidence evidence-standard jury per-curiam reasonable-jury standing verdict writ-of-certiorari |
Whether no reasonable jury could have reached the same verdict based on the evidence submitted. |
| 19-7865 |
Clifford Laverne Mecham, Jr. v. United States |
Fifth Circuit |
2020-03-04 |
Denied |
IFP |
2nd-circuit 8th-circuit child-pornography circuit-split constitutional-law eighth-circuit first-amendment free-speech morphed-images second-circuit sexually-explicit-conduct |
Whether the First Amendment protects morphed child pornography created without any child's involvement in sexually explicit conduct, as the Eighth Cir… |
| 19-6940 |
Kevin James Petroske v. United States |
Eighth Circuit |
2019-12-13 |
Denied |
Response WaivedIFP |
18-usc-2251 8th-circuit child-pornography circuit-split criminal-intent due-process minor-protection production-of-child-pornography sexual-conduct sexually-explicit-conduct statutory-interpretation video-voyeurism |
Whether mere video voyeurism – surreptitious videoing of unaware subjects without any posing or manipulation of the video images – of the innocent con… |
| 19-6791 |
Bryan Lamon Burnett v. United States |
Eighth Circuit |
2019-11-27 |
Denied |
Response WaivedIFP |
6th-circuit 8th-circuit appellate-review circuit-court-conflict circuit-split criminal-law criminal-sentencing felon-in-possession firearm-possession firearms sentencing-guidelines statutory-interpretation united-states-sentencing-guidelines |
SHOULD THE COURT GRANT CERTIORARI TO RESOLVE THE CONFLICT BETWEEN CIRCUIT COURTS OF APPEAL IN THE APPLICATION OF UNITED STATES SENTENCING GUIDELINE SE… |
| 19-6650 |
Fidel Rios, Jr. v. United States |
Eighth Circuit |
2019-11-15 |
Denied |
Response WaivedIFP |
18-usc-3553a 8th-circuit criminal-procedure criminal-sentencing district-court downward-variance guidelines judicial-discretion life-circumstances sentencing sentencing-factors sentencing-guidelines u-s-code |
Whether the 8th Circuit Court of Appeals and District Court for the Southern District of Iowa failed to adequately consider the sentencing factors set… |
| 19-5944 |
Jerry D. Scott v. United States |
Eighth Circuit |
2019-09-16 |
Denied |
Response WaivedIFP |
8th-amendment 8th-circuit appeal certificate-of-appealability crime-of-violence criminal-justice criminal-procedure domestic-assault due-process eighth-circuit habeas-corpus legal-standard missouri-robbery sentencing violent-crime |
WHETHER THE EIGHTH CIRCUIT COURT OF APPEALS ERRED IN NOT. GRANTING
A "CERTIFICATE OF APPEALABILITY" WHEN EVEN AFTER UNITED STATES
v. SWOPES , 892 F.… |
| 19-263 |
Cody Ross v. Johnnie Rochell, Jr. |
Eighth Circuit |
2019-08-28 |
Denied |
|
4th-amendment 8th-circuit assault-weapon civil-rights clearly-established-law constitutional-violation eighth-circuit excessive-force kisela-v-hughes law-enforcement qualified-immunity use-of-force |
1. Did the Eighth Circuit depart from this Court's decision in Kisela v. Hughes, U.S. , 138 S. Ct. 1148 (2018) (per curiam) and numerous other cases b… |
| 18-9315 |
Casey Peebles v. United States |
Eighth Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
1st-circuit 8th-circuit circuit-conflict circuit-split codefendant-testimony criminal-procedure due-process exculpatory-testimony federal-rules-of-evidence newly-discovered-evidence rule-33 |
In Petitioner's jury trial on federal drug offenses, the district court allowed a prosecution witness to testify under Fed. R. Evid. 801(d)(2)(E) to o… |
| 18-8797 |
Juan Lopez-Zuniga v. United States |
Eighth Circuit |
2019-04-11 |
Denied |
Response WaivedIFP |
4th-amendment 8th-circuit eighth-circuit gps-monitoring gps-tracking gps-warrant probable-cause search-and-seizure supreme-court-precedent vehicle-search vehicle-tracking warrant-standard |
Whether the Eighth Circuit's creation of a new standard in evaluating GPS warrants is contrary to existing United States Supreme Court precedent when … |
| 18-8250 |
Joel Marvin Munt v. Minnesota Department of Corrections, et al. |
Eighth Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
8th-amendment 8th-circuit appellate-review civil-procedure civil-rights due-process encourage-prisons-to-utilize-transfers-to-moot-sui judicial-discretion mootness mootness-doctrine prisoner-rights rluipa rluipa-standard standing |
Did 8th Circuit incorrectly apply mootness standard and encourage prisons to utilize transfers to moot suits, at which point they are then free to tra… |
| 18-1133 |
Henry J. Langer, et ux. v. Commissioner of Internal Revenue |
Eighth Circuit |
2019-03-01 |
Denied |
Response Waived |
8th-circuit burden-of-proof civil-procedure clear-and-convincing-evidence penalty-assessment tax-court tax-court-review tax-evasion tax-fraud tax-liability tax-penalties |
Whether Respondent has proved by clear and convincing evidence that Henry J. Langer is liable for the fraud penalty for the years 2011, 2012, and 2013… |
| 18-6208 |
Nicholas Ryan Hemsher v. United States |
Eighth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
18-usc-3553 8th-circuit appellate-review circuit-split co-conspirators criminal-enhancement criminal-procedure sentencing-disparities sentencing-disparities-18-usc-3553-a-6 sentencing-disparity sentencing-guidelines statutory-interpretation |
1) Whether the Eighth Circuit Court of Appeals erred in finding that the statutory direction to avoid unwarranted disparities among defendants, 18 U.S… |
| 18-5678 |
Lee Andrew Paul v. United States |
Eighth Circuit |
2018-08-21 |
Denied |
Response WaivedIFP |
8th-circuit burrage-causation burrage-v-united-states causation commerce-clause commerce-clause-authority commercial-sex-trafficking constitutional-law criminal-law criminal-statute-construction eighth-circuit-interpretation statutory-elements statutory-interpretation |
1. Whether the Eight Circuit's decision conflicts with the Supreme Court's opinion in Burrage v. United States, 134 S.Ct. 881 (2014), which held that … |
| 18-110 |
Andrew Burningham, et al. v. John Morrison Raines, III, Guardian of the Estate of John Morrison Raines, IV |
Eighth Circuit |
2018-07-24 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
8th-circuit anderson-v-liberty-lobby civil-rights clearly-established-law excessive-force fourth-amendment interlocutory-appeal johnson-v-jones mitchell-v-forsyth qualified-immunity summary-judgment use-of-force |
1. Does Johnson v. Jones, 515 U.S. 304 (1995)
foreclose interlocutory appeal of an order
denying summary judgment on qualified immunity, where the und… |