ambiguity
15 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-5235 | Nohmaan Malik v. United States | Fifth Circuit | 2024-08-06 | Denied | Response WaivedIFP | ambiguity anders anders-procedure appellate-review circuit-split due-process guideline-commentary kisor kisor-standard | Whether the appellate court should not have dismissed under Anders and allowed Petitioner to challenge the Guideline commentary as violating due p… |
| 23-6774 | Tremayne Silas v. United States | Eighth Circuit | 2024-02-16 | Denied | Response WaivedIFP | ambiguity appeal-waiver circuit-court criminal-appeal guilty-plea involuntary involuntary-plea legal-ambiguity summary-reversal | Whether this Court should summarily reverse the Eighth Circuit's dismissal of Silas's appeal when the appeal waiver is ambiguous as to whether it appl… |
| 21-1551 | Jamar E. Plunkett v. Dan Sproul | Seventh Circuit | 2022-06-10 | Denied | ambiguity contract-interpretation criminal-procedure defendant-rights due-process judicial-interpretation plea-agreement rule-of-lenity statutory-interpretation | Whether a plea agreement that is subject to more than one reasonable interpretation must be interpreted in the defendant's favor. | |
| 21-8109 | Eric Ray Smith v. United States | Fifth Circuit | 2022-06-09 | Denied | Response WaivedIFP | or whether the court of appeals should first cons ambiguity contract-interpretation cooperation-agreement criminal-procedure government-as-drafter judicial-construction plain-error-review plea-agreement statutory-interpretation | Whether a reasonable ambiguity in a cooperation or plea agreement necessarily defeats a defendant's claim of breach on plain error review, or whether … |
| 20-1154 | Adan Torres-Nieves v. United States | Ninth Circuit | 2021-02-23 | Denied | Response Waived | 9th-circuit ambiguity ambiguity-resolution defendant defendant-rights government-breach legal-precedent plea-agreement precedent | Did the 9th Circuit significantly depart from its own precedent when it failed to resolve ambiguity in favor of the defendant in its determination of … |
| 20-7010 | Israel Santiago-Lugo v. United States | First Circuit | 2021-02-02 | Denied | Response WaivedIFP | ambiguity amendment-782 criminal-procedure federal-rules forfeiture molina-martinez-v-us peugh-v-us rule-of-lenity sentencing-guidelines | 1) WHETHER THE SENTENCE WAS IMPOSED UNDER U.S.S.G. §2Dl.l(c) TO ESTABLISH THE BASE OFFENSE, THE GUIDELINES ARE IN REAL SENSE THE BASIC FOR THE SENTEN… |
| 20-6668 | Christopher Zamarripa v. United States | Fifth Circuit | 2020-12-21 | Denied | IFP | ambiguity appeal-waiver circuit-split criminal-procedure district-court due-process judicial-interpretation plea-bargaining plea-colloquy procedural-ambiguity | Does a district court's mischaracterization, during the plea colloquy, of an appeal waiver create an ambiguity that must be construed against the gove… |
| 20-5240 | Cynthia Gilmore v. United States | Fourth Circuit | 2020-07-31 | Denied | Response WaivedIFP | ambiguity ambiguous-verdict conspiracy criminal-procedure jury-instructions jury-verdict predicate-acts reasonable-doubt sentencing | Whether the sentencing court is required to use the reasonable doubt standard to determine the predicate acts where the jury's verdict was purposefull… |
| 19-1149 | UPMC, et al. v. United States, ex rel. J. William Bookwalter, III, et al. | Third Circuit | 2020-03-19 | Denied | Amici (1)Response Waived | ambiguity civil-penalty civil-procedure false-claims-act knowledge knowledge-standard pleading-standard regulatory-ambiguity regulatory-provision scienter treble-damages | Whether a plaintiff plausibly alleges scienter—that a defendant knowingly submitted false claims—when the plaintiff does not allege any facts to sugge… |
| 19-7950 | Daejerron L. Valentine v. Nebraska | Nebraska | 2020-03-10 | Denied | Response WaivedIFP | 4th-amendment ambiguity automobile-exception conjunctive consistency criminal-procedure Did the removal of 'or' create ambiguity? disjunctive fourth-amendment Is a defendant entitled to consistent jury instruc jury-instructions jury-trial legislative-history possession probable-cause reasonableness reasonableness-standard scope-of-search search search-and-seizure search-scope statutory-interpretation warrant-requirement warrantless-search | 1) Did the warrantless search of an automobile pursuant to the automobile exception become unreasonable when police officers expanded the search beyon… |
| 19-6748 | Steven A. Adams v. United States | Seventh Circuit | 2019-11-26 | Denied | Response WaivedIFP | aiding-and-abetting ambiguity attempt conspiracy controlled-substance controlled-substance-offense criminal-law deference deference-doctrine sentencing-enhancement sentencing-guidelines sentencing-guidelines-manual-4b1.2b statutory-interpretation | 1. Whether the term "controlled substance offense" defined by UNITED STATES SENTENCING GUIDELINES MANUAL § 4B1.2(b) to mean "an offense under federal … |
| 19-5811 | Joe Edger v. United States | Eighth Circuit | 2019-09-05 | Denied | Response WaivedIFP | ambiguity conflict constitutional-rights contract-law court-of-appeals criminal-procedure criminal-process due-process government-discretion plea-agreement prosecutorial-misconduct | 1. Does the phrase "cited in the affense of conviction" mean "information used in a partriular count of an indictment or information that initiat the … |
| 19-5362 | Kasine Deleston v. United States | Second Circuit | 2019-07-26 | Denied | Response WaivedIFP | and Ultimately Breached if it Contains an Unfulfi ambiguity breach-of-contract criminal-procedure defendant-rights due-process government-breach government-misconduct plea-agreement plea-bargaining plea-withdrawal sentencing sentencing-stipulation withdrawal-of-plea | Whether a Plea Can be Ambiguous, and Ultimately Breached if it Contains an Unfulfillable Sentencing Stipulation and the Government Fails to Offer the … |
| 18-9835 | Melvin Perez v. Florida | Florida | 2019-06-27 | Denied | Response WaivedIFP | ambiguity commission-date ends-of-justice primary-offense prior-offense sentencing-scoresheet | -Can a trial court score an offense as a prior on a sentencing scoresheet if the time of the commission of that offense is subsequent to the time of t… |
| 18-9170 | Cynthia Ortiz v. Charles Perry, et al. | Tenth Circuit | 2019-05-08 | Denied | Response WaivedIFP | 28-usc-1292 abuse-of-discretion ambiguity appellate-jurisdiction civil-procedure district-court injunctive-relief interlocutory-appeal jurisdictional-dispute objections transfer venue-transfer | Whether the Tenth Circuit has jurisdiction to consider for Interlocutory Appeal, under 28 U.S.C. § 1292 (a) (1) and (b), denial of Injunctive Relief, … |