| 23-6451 |
Travis Dwight Green v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-01-10 |
Denied |
IFP |
abandonment attorney-abandonment cause cause-doctrine circuit-split federal-rules-of-civil-procedure habeas-corpus maples-v-thomas mental-incompetence procedural-default standard-of-review |
1. Are a district court's findings that a habeas corpus petitioner's attorney abandoned him "from the beginning" and "for the entirety of [his] state … |
| 23-323 |
Joseph Gamboa v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-09-28 |
Denied |
Amici (3)Relisted (10) |
abandonment aedpa gonzalez-v-crosby habeas-corpus indigent-representation ineffective-assistance-of-counsel right-to-counsel rule-60(b) second-or-successive-petition |
Whether a Rule 60(b) motion claiming that habeas counsel's abandonment prevented the consideration of a petitioner's claims should always be recharact… |
| 22-271 |
M. N. v. A. A., et al. |
Kentucky |
2022-09-22 |
Denied |
|
abandonment dobbs-precedent dobbs-v-jackson due-process evidentiary-standard fourteenth-amendment kentucky parental-rights vagueness |
(1) whether K Y. REV. STAT. ANN. § 199.502 violates the Fourt eenth Amendment's Due Process Clause because it fails to articulate a clear and convinci… |
| 21-1525 |
Antonio Daron Futrell v. Virginia |
Virginia |
2022-06-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
abandonment abandonment-exception cell-phone-privacy cell-phones digital-data digital-privacy fourth-amendment riley-precedent riley-v-california search-and-seizure warrantless-search |
Police conducted a warrantless search of the digital data on a cell phone appellant left at a restaurant. The lower courts held that the search did no… |
| 21-5162 |
Andrew Cox v. United States District Court for the District of New Jersey |
Third Circuit |
2021-07-21 |
Denied |
Response WaivedIFP |
abandonment civil-procedure communications due-process prosecution standing |
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| 20-1198 |
Jerry Wiltz v. Texas |
Texas |
2021-03-01 |
Denied |
Response Waived |
4th-amendment abandonment abandonment-doctrine cell-phone cell-phone-privacy civil-rights fourth-amendment privacy privacy-rights search-and-seizure standing warrant-requirement |
In the present case, a man's cell phone was searched without a warrant and the trial court ruled that the phone was abandoned and that the Defendant h… |
| 20-6968 |
Kenton Lance Light v. Texas |
Texas |
2021-01-28 |
Denied |
IFP |
abandonment automobile-exception evidence fourth-amendment methamphetamine probable-cause search-and-seizure |
1. Whether the Fourth Amendment was violated when police searched a container on the basis that Petitioner abandoned the item without any evidence tha… |
| 20-739 |
Isaac Levin v. Kenneth J. Frank, Individually and as Corporation Counsel for the City of Binghamton, New York, et al. |
Second Circuit |
2020-11-27 |
Denied |
Relisted (2) |
abandonment conflict-of-law grandfathered-rights municipal-ordinances property-rights zoning |
This Court should grant certiorari to resolve the existing conflict of law which exists as to the application of abandonment to a property which was g… |
| 19-1353 |
AGI Consulting LLC, by Assaf Al-Assaf as Trustee/Owner/Plan Administrator of an Alleged Non-Integrated Defined Benefit Plan v. American National Insurance Company |
Tenth Circuit |
2020-06-09 |
Denied |
|
29-usc-1113 abandonment actual-knowledge breach-of-duty breach-of-fiduciary-duty circuit-court-interpretation constructive-knowledge discovery-rule discovery-standard erisa erisa-statute erisa-statute-of-limitations fiduciary-duty plain-meaning plain-meaning-of-statute statute-of-limitations |
There is no uniformity among the Circuit Courts
as to the meaning or application of the ERISA statute
of limitations for breach of fiduciary duty, 29 … |
| 19-7605 |
Vincent Kane v. Pennsylvania |
Pennsylvania |
2020-02-07 |
Denied |
Relisted (2)IFP |
4th-amendment abandonment abandonment-doctrine cell-phone-privacy cell-phones fourth-amendment intent-to-reclaim password-protected property-rights public-place reasonable-expectation search-and-seizure |
I. WHETHER THE DOCTRINE OF ABANDONMENT APPLIES TO PASSWORD PROTECTED CELL PHONES FOUND IN A PUBLIC PLACE?
II. WHETHER THE DOCTRINE OF ABANDONMENT APP… |
| 19-979 |
Patrick S. Crick v. James Key, Superintendent, Airway Heights Corrections Center |
Ninth Circuit |
2020-02-05 |
Denied |
Response WaivedRelisted (2) |
abandonment abandonment-doctrine aedpa criminal-judgment due-process fabricated-evidence finality negligence post-conviction-counsel procedural-negligence state-finality |
1. This Court has well settled that use of "fabricated
evidence" by a State "virtually" voids a criminal
judgment ab initio. But what effect does th… |
| 19-7545 |
Willie Palmer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-02-04 |
Denied |
Response WaivedIFP |
6th-amendment abandonment effective-assistance-of-counsel evidentiary-hearing ineffective-assistance jury-instruction jury-instructions postconviction-relief rule-3.850 sixth-amendment unreasonable-determination-of-facts |
Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d… |
| 19-7392 |
Demetrius Darrell Davis, aka Meatman v. United States |
Fourth Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
4th-amendment 4th-amendment-search-and-seizure abandonment abandonment-doctrine criminal-procedure disclaimer-of-ownership fourth-amendment incriminating-statement incriminating-statements police-questioning property-rights reasonable-expectation-of-privacy search-and-seizure |
Whether a mere disclaimer of ownership in an effort to avoid making an incriminating statement in response to police questioning should not alone be d… |
| 19-5011 |
Danny P. Phipps v. New York |
New York |
2019-06-28 |
Denied |
IFP |
4th-amendment abandonment abandonment-property burden-of-proof burden-shifting civil-rights constitutional-rights due-process jury-selection pro-se-representation property-abandonment search-and-seizure standing |
1. Can Appellate Division develop a rule that shifts the
burden from the People to a defendant to prove he or
she did not abandon property making it… |
| 18-1481 |
Eric S. Strohmeyer v. Surface Transportation Board, et al. |
Third Circuit |
2019-05-28 |
Denied |
Response Waived |
abandonment administrative-law federal-agency-decision jurisdiction motion-to-dismiss rail-line-acquisition standing surface-transportation-board third-circuit transportation-board-jurisdiction united-states |
Was it clear error for the Third Circuit to fail to address the issue of whether the Surface Transportation Board ("STB") had the jurisdiction to rend… |
| 18-1102 |
Askia Cuff v. Virginia |
Virginia |
2019-02-22 |
Denied |
Response Waived |
abandonment coercion counsel-withdrawal criminal-procedure plea-agreement plea-bargaining right-to-counsel sixth-amendment voluntariness voluntary voluntary-waiver withdrawal |
Was Appellant's waiver of his Sixth Amendment right to trial, pursuant to a plea agreement, freely and voluntarily made or the product of coercion – t… |
| 18-350 |
Lamar Sequan Brown v. South Carolina |
South Carolina |
2018-09-18 |
Denied |
Response Waived |
abandonment abandonment-doctrine cell-phone-privacy cell-phones digital-data fourth-amendment privacy reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure search-warrant warrant-requirement |
Fourth Amendment doctrine permits police to freely search ordinary objects deemed "abandoned." No suspicion, or warrant, or exigency is required. But … |