appeal

514 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6190 Steven Dale Bradley v. Iowa Iowa 2025-11-20 Denied IFP appeal constitutional-rights criminal-procedure due-process habeas-corpus sentencing I. D& Aw 4 On4)Wlwl k invfrf ie^ $ pwhlons 4vd" hw 4o 4V^C SevWAC^5 ? 3, Do cnw\4U$ kw 4 6an^WW^h4 rtaW 4t> ex^cV pnmke^ AncWl^ ™udn^/ 5 ft w'HW ^re^…
24-708 Zafar Iqbal v. BPOA Pennsylvania State Board of Medicine, et al. Third Circuit 2025-01-03 Denied Response WaivedRelisted (2) appeal circuit-court jurisdictional-statute medicaid preclusion supreme-court 1.Can the 34 Circuit Court and DCWPA overrule, Jurisdictional statute of limitations set by US Supreme Court as 10/18/2022 in case no.22-624? 2. Did …
24A617 Lola Shalewa Barbara Kasali v. United States Fifth Circuit 2024-12-20 Denied appeal bond detention due-process fifth-amendment pre-trial-release Question not identified.
23-7745 Gustavo Galindez v. Michigan Michigan 2024-06-18 Denied IFP 14th-amendment 6th-amendment appeal due-process michigan-constitution sentencing I. DOES MCL 769.34(10) VIOLATE THE DEFENDANTS CONSTITUTIONAL RIGHT TO DUE PROCESS AS GUARANTEED BY THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED S…
23-7755 Anthony Raymoné Clark v. Oklahoma Oklahoma 2024-06-18 Denied IFP appeal appeal-process criminal-procedure district-court due-process due-process,civil-procedure,post-conviction,appeal final-judgment impediment post-conviction post-conviction-procedure procedural-rules 1. Is it an abuse of discretion and are these contrary act(s) of federal law and treaty by the lower court a negligence of "natural law" resulting in …
23-7701 Robin Jones v. Angela Reaves, Warden, et al. Georgia 2024-06-12 Denied Relisted (2)IFP appeal certificate-of-appealability certiorari civil-rights court-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdiction legal-review petition supreme-court 1. The methods of on et GLAS apd. cee nck erolvcked Yoyo Skche Court BS geview, dhaul&' o Fedecrs counk obderss TneSeckwe Assishonct & "Taiok Counsel …
23-7658 In Re Robert Gene Rega 2024-06-07 Denied IFP appeal appellate-procedure civil-procedure due-process habeas-corpus judicial-delay standing third-circuit writ-of-certiorari Whether the United States Court of Appeals for the Third Ciricuit's failure to issue a dispositive order disposing of Petitioner's Writ of Habeas Corp…
23-7596 Andre Tayson Boone v. Bryan P. Stirling, Director, South Carolina Department of Corrections Fourth Circuit 2024-05-30 Denied IFP appeal civil-procedure constitutional-analysis due-process judicial-review jurisdiction legal-interpretation procedural-rules standing statutory-provisions time-extension Question not identified.
23-7537 Mike Austin Anderson v. United States Fifth Circuit 2024-05-22 Denied Response WaivedIFP appeal criminal-procedure criminal-trial due-process judicial-procedure jury-instructions jury-verdict motion-to-revoke recusal-motion standard-of-review sufficiency-of-evidence 1) Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return a guilty ver…
23-7512 Dallas M. Acoff v. United States Fourth Circuit 2024-05-20 Denied Response WaivedIFP appeal criminal-sentencing district-court due-process fifth-amendment guidelines harmless-error judicial-error procedural-reasonableness sentencing sentencing-guidelines Whether the district court committed error and imposed a procedurally unreasonable sentence on Mr. Acoff that exceeded the upper end of his United Sta…
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…
23-7471 Shauntavus Berklin v. United States Eleventh Circuit 2024-05-14 Denied Response WaivedIFP appeal criminal-appeal criminal-procedure district-court due-process eleventh-circuit evidence federal-sentencing-guidelines gun-accountability sentencing sentencing-factors sentencing-guidelines 1. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT ERRED IN AFFIRMING THE DISTRICT COURT'S DENIAL OF BERKLIN'S OBJECTION TO THE…
23-7479 Ronald Lee Howard v. Texas Texas 2024-05-14 Denied IFP appeal appellate-procedure constitutional-rights discretionary-review douglas due-process evitts fourteenth-amendment griffin state-court texas-court-of-criminal-appeals 1. Is procedural due process violated regarding the constitutional requirement of a meaningful or effective appeal of right under Evitts, Griffin and …
23-7436 Eagles Denashu Begay v. United States Ninth Circuit 2024-05-09 Denied IFP 28-usc-2255 appeal criminal-procedure direct-appeal due-process evidentiary-hearing habeas-corpus indigent-defendant ineffective-assistance pro-se-claim right-to-counsel If an indigent, incarcerated federal defendant, for the first time on direct appeal, raises a colorable claim of ineffective assistance by his distric…
23-7445 Lloyd Kidd v. United States Second Circuit 2024-05-09 Denied Response WaivedIFP appeal criminal-procedure district-court-discretion due-process electronic-evidence jurisdiction motion-to-suppress sufficiency-of-evidence summary-charts venue venue-challenge Was there legally insufficient evidence to establish that venue was proper in the Southern District of New York for each count of conviction? II. Was…
23-1194 Erik Hentzen v. United States Sixth Circuit 2024-05-06 Denied Response Waived appeal appellate-review child-pornography harmless-error ineffective-assistance ineffective-assistance-of-counsel prejudice-prong sixth-amendment strickland-standard strickland-v-washington Can Strickland v. Washington's "prejudice prong," be satisfied by a showing that constitutionally inadequate representation at the trial-court level "…
23-7339 Philip Shane Young v. Texas Texas 2024-04-30 Denied IFP appeal criminal-procedure deadly-weapon evidence-sufficiency jury-finding jury-instructions standard-of-review sufficiency-of-evidence IS THE EVIDENCE SUFFI CIENT TO SUSTAI N THE JURY'S FINDING THAT A DEADLY W EAPON W AS USED?
23-1154 Kurtis M. Bailey, et al. v. Worthington Cylinder Corporation, et al. Seventh Circuit 2024-04-23 Denied appeal case-redress civil-procedure civil-rights counsel-disqualification disqualification-of-counsel due-process justice-stevens legal-modification standing supreme-court-precedent Should Richardson-Merrell, Inc. v. Koller, 472 U.S. 424, be modified so that the disqualification of counsel does not result in a catastrophic violati…
23-7262 Eric D. Sweet v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-04-19 Denied Relisted (2)IFP appeal conviction-review criminal-appeal criminal-procedure due-process florida-supreme-court fundamental-error ineffective-assistance-of-counsel legal-timeliness post-conviction-relief standard-of-review statutory-time-limit One B/t'dencs (^4-eoj-^d in Court froee&dhq Wa$n '~f Gb/idr'eJe de C&nvt c.-f^fv3« %& FlonJa tosfndt douff d Afye4* cjeCism resul-fzj m a decjsfo* da…
23-7274 In Re Joseph T. Swift 2024-04-19 Denied IFP appeal capital-punishment civil-rights death-penalty due-process ineffective-assistance-of-counsel Question not identified.
23-1134 Mark Habelt v. iRhythm Technologies, Inc., et al. Ninth Circuit 2024-04-18 Denied Response RequestedResponse WaivedRelisted (2) appeal case-dismissal civil-procedure dismissal financial-stake judicial-procedure legal-redress litigation-appeal plaintiff-standing redress standing Does a named plaintiff who initiated a suit from which he was never dismissed or removed, who retains a financial stake in the litigation's outcome, a…
23-7113 Nicholas Butler v. United States Fourth Circuit 2024-04-01 Denied Response WaivedRelisted (2)IFP appeal appellate-review civil-procedure court-of-appeals due-process judicial-procedure legal-standing procedural-rights standing Did the Court of Appeals incorrectly deprive Mr. Smith of his right of appeal?
23-7043 C. Holmes v. Blue Cross Blue Shield of South Carolina, Inc., et al. Fourth Circuit 2024-03-21 Granted IFP appeal appellate-procedure civil-procedure district-court due-process judicial-neutrality judicial-review procedural-due-process standing substantial-rights 1. Whether the lower appellate court misapprehends appealability and/or overlooks the request and denial in the district court for certification of ap…
23-1040 Scott Smith v. Entrepreneur Media, Inc. Ninth Circuit 2024-03-20 Denied appeal civil-procedure federal-statute judgment-renewal motion-to-dismiss ninth-circuit renewal-of-judgment state-law Did the United States Court of Appeals for the Ninth Circuit err in granting Respondent's Motion to Dismiss Appeal by failing to consider Petitioner's…
23-1006 In Re Christopher Gary Baylor 2024-03-13 Denied Response Waived appeal civil-procedure civil-rights constitutional-rights due-process free-speech judicial-delay mandamus-jurisdiction right-to-appeal section-1657 standing Does relief become implied denied upon the expiration of time to grant or deny, and if no, when does absence of any judgment, ruling, decision, decree…
23-6734 C. Holmes v. Anne Milgram, Administrator, Drug Enforcement Administration Fourth Circuit 2024-02-13 Denied Response WaivedRelisted (3)IFP appeal appellate-review article-iii certification certification-of-appeal civil-procedure de-novo-review judicial-procedure standing stay substantial-rights 1. Whether the lower appellate court misapprehends appealability and/or overlooks the request and denial in the district court for certification of ap…
23-851 John Doe v. Purdue University, et al. Seventh Circuit 2024-02-07 Denied Response Waived appeal appellate-review bias civil-procedure collateral-order-doctrine constitutional-adjudication due-process federal-procedure judicial-bias recusal recusal-standard standing 1. Should this Court exercise its supervisory authority to preserve the appearance and fact of justice by requiring review now of a denial of recusal …
23-6681 Danny Lowe v. United States Ninth Circuit 2024-02-06 Denied Response WaivedIFP appeal criminal-intent due-process harmless-error jury-instruction jury-instructions mens-rea ninth-circuit sex-trafficking Danny Ray Lowe was convicted of attempting to sex traffic two fictional minors in an undercover sing. As the Court of Appeals acknowledged, "The criti…
23-6633 Daryl Anthony Green v. Prince George's County Office of Child Support, et al. Fourth Circuit 2024-01-31 Denied IFP appeal appeal-rights bankruptcy bankruptcy-procedure civil-procedure constitutional-jurisdiction due-process judicial-misconduct jurisdiction property-rights standing Did Mr. Green have the right to appeal the entire case and all previously unheard issues raised in the lower courts once the bankruptcy matter was dis…
23-789 Larisa Dirkzwager v. Archer-Daniels-Midland Company Eighth Circuit 2024-01-23 Denied Response Waived appeal civil-procedure constitutional-review deadline due-process equal-protection fourteenth-amendment judicial-error jurisdiction procedural-deadline standing 1. Whether the Judge's error in miscalculation of the Plaintiffs Response deadline negates his dispositive Order and thereby logically and legally ren…
23-791 Peter Thompson v. Gregg Sullivan, et al. Ninth Circuit 2024-01-23 Denied Response Waived appeal appellate-procedure civil-procedure district-court-proceedings due-process fraud ninth-circuit-rules pro-se-filing procedural-due-process record record-exclusion standing 1. Did the Ninth Circuit err in concluding that the lower US District Court of Montana proceedings could be equitably affirmed when the district court…
23-6330 Raymond Ghaloustian v. United States Ninth Circuit 2023-12-22 Denied Response WaivedIFP appeal appellate-procedure criminal-procedure due-process exclusionary-rule harmless-error harrison-v-united-states miranda-rights miranda-warning opening-brief The Court has held that where a defendant's statements are admitted in the Government's case-in-chief in violation of Miranda v. State of Arizona, 384…
23-6182 Joshua Anthony Peterman v. Mississippi Mississippi 2023-12-07 Denied Response WaivedIFP appeal criminal-procedure due-process habitual-offender indictment ineffective-assistance judicial-bias jury-indictment prosecutorial-bias sentencing speedy-trial (1) Whether the trial Court erred in amending Judgment and hate Sentencing to not* dual in violation of fllx, ft-Crim. P, Rule ti&lH,i (h) (d) Whethe…
23-6169 Juan Carlos Soto v. United States Fourth Circuit 2023-12-06 Denied Response WaivedIFP 18-USC-3553 appeal appellate-review criminal-procedure double-jeopardy due-process federal-sentencing ninth-circuit-court remand sentencing sentencing-guidelines A. Selective Remand Petitioner asks: Why does the 4th Circuit Court of appeals Remand (Almost Cases Where Not all of the appellant's Non-Frivolous Pa…
23-528 Michael S. Barth v. United States Eleventh Circuit 2023-11-17 Denied Response WaivedRelisted (2) appeal appellate-procedure civil-procedure civil-rights constitutional-rights due-process intervention-rights judicial-access media-representation procedural-due-process recusal standing I. Whether Petitioner is entitled to intervene as of right and permissively in this litigation; and denial of the general public's right of access to …
23-6052 Larry Bailey v. West Laurel Water Association, et al. Kentucky 2023-11-17 Denied IFP appeal circuit-court civil-procedure civil-rights constitutional-rights due-process in-forma-pauperis indigent-status notice-of-appeal standing 1). Whether the Franklin Circuit Court violated my constitutional rights to due process by denying my motion to proceed in forma pauperis IFP on notic…
23-5930 Brent Douglas Cole v. R. D. Keyes, Warden Seventh Circuit 2023-11-01 Denied Relisted (2)IFP appeal civil-rights constitutional-privileges due-process federal-jurisdiction habeas-corpus judicial-bias jurisdiction standing subject-matter-jurisdiction writ-ad-prosequendum 1) The USCA 7th Cir. issued an order of non-involvement for the U.S. Attorney from Wisconsin, and held my objection to be a motion, DENIED IT INSTEAD …
23-5817 Cordarius Lawrence v. Illinois Illinois 2023-10-17 Denied IFP appeal criminal-procedure due-process jurisdiction sentencing standard-of-proof Question not identified.
23-5739 Daniel Ray Metsinger v. United States Fifth Circuit 2023-10-10 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit jurisdiction plea-agreement plea-bargaining sentencing waiver Whether the Fifth Circuit erred by dismissing Mr. Metsinger's appeal based on the waiver of appeal provision in his Plea Agreement.
23-5636 Javon Montreal King v. United States Fifth Circuit 2023-09-21 Denied Response WaivedIFP appeal background criminal-sentencing district-court-discretion due-process sentencing-guidelines statutory-maximum substantive-reasonableness youth youth-consideration Whether the district court erred, considering Mr. King's youth and background, when it sentenced him to the statutory maximum of 120 months' imprisonm…
23-5569 Francisco Gutierrez v. United States Ninth Circuit 2023-09-14 Denied Response WaivedIFP appeal appellate-procedure criminal-procedure de-novo-resentencing de-novo-review judicial-discretion law-of-case law-of-the-case open-record resentencing sentencing Does law of the case apply to an appeal from a de novo resentencing on an open record?
23-231 Linda A. Porter v. Kennard Law PC, dba Kennard Richard PC, et al. Texas 2023-09-12 Denied appeal appellate-procedure civil-procedure civil-rights constitutional-rights due-process fifth-amendment fourteenth-amendment pro-se pro-se-litigant standing 1. Whether the appellate court violated Porter 's Fifth and Fourteenth Amendment Constitutional Rights, by denying her right of appeal and due proce…
23-5514 Rodger William Dillard v. Wyoming Wyoming 2023-09-05 Denied Response WaivedRelisted (2)IFP abuse-of-discretion alford-plea appeal court-rules criminal-procedure due-process judicial-abuse judicial-discretion plea-bargaining plea-withdrawal sentence-correction sentencing 1. Did the District in and for Natrona County 7th Judicial Abuse its power when it accepted the Petitioner alford plea because the the statue reads as…
23-5456 John E. Gilcrease v. Louisiana Louisiana 2023-08-28 Denied Response WaivedIFP appeal appellate-review consecutive-sentence constitutional-rights due-process judicial-vindictiveness north-carolina-v-pearce plea-bargaining remand sentencing-modification Were John Gilcrease's due process rights violated when, after his plea and original sentence for obstruction of justice that exceeded the maximum stat…
23-5435 Marques Webb v. United States Fifth Circuit 2023-08-24 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-default waiver Whether the Fifth Circuit erred by dismissing Mr. Webb's appeal based on the waiver of appeal provisions in his Plea Agreement.
23-5391 Walter Raul Maguina v. United States Fifth Circuit 2023-08-18 Denied Response WaivedIFP appeal appellate-review criminal-procedure district-court due-process evidence extrinsic-evidence harmless-error judicial-procedure prejudice prejudicial-evidence remand Whether a district court's failure to address the prejudicial nature of extrinsic evidence requires remand.
23-5320 Curtis Lavon Magee v. United States Fifth Circuit 2023-08-09 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver Whether the Fifth Circuit erred by dismissing Mr. Magee's appeal based on the waiver of appeal provisions in his Plea Agreement.
23-5273 Cory Joe Barton v. United States Fifth Circuit 2023-08-03 Denied Response WaivedIFP appeal criminal-procedure due-process fifth-circuit procedural-due-process rule-32 sentencing statutory-construction Did the Fifth Circuit err in holding that the determination of Mr. Barton's sentence did not violate his procedural due process rights?
23-76 Palani Karupaiyan v. Infosys BPM, et al. Third Circuit 2023-07-27 Denied appeal appellate-review civil-rights due-process extraordinary-review judicial-procedure mandamus mandamus-relief pro-se-complaint standing sua-sponte-dismissal Petitioner's prayed reliefs were National importance of having the US Supreme Court decide or conflict with USSC ruling, or importance of similarly si…
23-77 Palani Karupaiyan v. Tata Consultancy Services, et al. Third Circuit 2023-07-27 Denied appeal appellate-review civil-rights due-process extraordinary-review jurisdictional-error mandamus mandamus-relief pro-se-complaint standing sua-sponte-dismissal Petitioner's prayed reliefs were National importance of having the US Supreme Court decide or conflict with USSC ruling, or importance of similarly si…
23-5176 Damarco Antonio Smith v. United States Fourth Circuit 2023-07-24 Denied Response WaivedIFP appeal appellate-review civil-procedure court-of-appeals due-process judicial-procedure jurisdiction legal-standing procedural-rights right-of-appeal standing Did the Court of Appeals incorrectly deprive Mr. Smith of his right of appeal?
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 1. Whether a defendant, consistent with the Due Process Clause, can waive the right to appeal his sentence knowingly when his purported waiver occurs …
23-5124 Quincetta Yvonne Cargill, aka Queen, aka Tonya, aka Angela Scott, aka Antela Scott, aka QuincetTucker, aka Quincetta Tucker v. United States Eleventh Circuit 2023-07-18 Denied Response WaivedIFP appeal appellate-counsel appellate-procedure civil-rights direct-appeal due-process eleventh-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings petition-for-rehearing right-to-counsel Where the defendant-appellant acted prose at trial prosecuting several viable issues for appeal, does the exclusion of the appellant's opinions, reque…
23-5083 James Calfee v. Texas Texas 2023-07-12 Denied IFP appeal constitutional-rights criminal-procedure due-process evidence exculpatory-evidence fair-trial government-powers judicial-discretion Question not identified.
23-5030 Nygel Dejon Freeman v. United States Fifth Circuit 2023-07-05 Denied Response WaivedIFP appeal constitutional-provisions court-of-appeals criminal-procedure due-process judicial-review legal-evidence reasonable-doubt rule-29 statutory-provisions sufficiency-of-evidence Whether the District Court and Court of Appeals did not defer err in finding sufficient evidence was presented because the Lost P1 r Freeman) J^H ' le…
23-5018 Richard P. Spaulding v. Oklahoma Oklahoma 2023-07-03 Denied IFP appeal appeal-rights court-order court-orders covid-quarantine due-process equal-protection jurisdiction legal-notice post-conviction During post-conviction proceedings in Tulsa County, Oklahoma, Petitioner was deprived of right to appeal or challenge numerous orders of the court and…
23-5006 Robert Timothy Blake v. United States Fifth Circuit 2023-06-30 Denied Response WaivedIFP abuse-of-discretion appeal appellate-procedure case-consolidation consolidation due-process judicial-discretion prejudice procedural-fairness relevant-issues 1. Wether, Consistent with the Due Process Clause, a defendant may suffer prejudice, when a Court will order a Consolidation of Cases, where one case …
22-7840 Cordelro Desean Shoulders v. United States Fifth Circuit 2023-06-22 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver Whether the Fifth Circuit erred by dismissing Mr. Shoulders' appeal based on the waiver of appeal provisions in his Plea Agreement.
22-7803 Aaron Joel Oliphant v. Montana Montana 2023-06-16 Denied Response WaivedIFP appeal criminal-procedure due-process expert-consultation ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel A jury convicted Oliphant of assaulting his infant son based solely on a medical diagnosis of abusive head trauma ("AHT"). His trial counsel failed to…
22-7721 William Whittman v. Prime Autotech, Inc., et al. Virginia 2023-06-06 Denied Response WaivedIFP appeal civil-procedure due-process equal-justice equal-protection federal-questions petition-for-appeal reversible-error state-court state-court-decision 1. Does the State Court Decision to deny Petitioner's Petition for Appeal on 2/27/23 on grounds that no reversible error occurred in the lower court v…
22-7670 Lonnie Burdette Porter v. United States Ninth Circuit 2023-05-31 Denied Response WaivedIFP appeal criminal-procedure due-process evidence-sufficiency firearm-possession sentencing-guidelines statutory-interpretation sufficiency-of-evidence In Thompson v. Louisville, 362 U.S. 199 (1960) and Garner v. Louisiana, 368 U.S. 157 (1961), this Court held that it is a violation of due process to …
22-7582 Rodolfo A. Cuellar, Jr. v. United States Fifth Circuit 2023-05-17 Denied Response WaivedIFP appeal criminal-law drug-convictions federal-prisoner first-step-act resentencing sentence-reduction sentencing sentencing-retroactivity statutory-interpretation statutory-maximum MoTioN For Reduction Pursuan To 404 Senience of OF thE First ACT And Pre-Booker Issues. Stop Drug CORRECDION OF IDCORLOCT CAlCUlATION f CORRECTiON ofa…
22-7587 John Wayne Spell v. United States Fifth Circuit 2023-05-17 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review plea-agreement procedural-error waiver Whether the Fifth Circuit erred by dismissing Mr. Spell's appeal based on the waiver of appeal provisions in his Plea Agreement.
22-7565 Alex Estuardo Ixcopal-Hernandez v. United States Fifth Circuit 2023-05-16 Denied Response WaivedIFP appeal civil-procedure discretionary-review due-process federal-question supplemental-materials Petitioner, ALEX ESTUARDO IXCOPAL-HERNANDEZ, submits the Fifth Circuit Court of Appeals' ruling granting the Government's request to expand the record…
22-7389 Gerald Lee Banks v. A. W. Wingfield, Acting Warden Fourth Circuit 2023-04-27 Denied Response WaivedIFP appeal appellant-court case-law criminal-procedure due-process fourth-circuit judicial-review legal-precedent precedent sentencing-error Did the Appellant err when it violated its own precedent in denying Banks sentencing error? Did the Lower Court err when it violated Fourth Circuit p…
22-7307 Darek Lathan v. United States Sixth Circuit 2023-04-17 Denied Response WaivedIFP affidavits appeal appellate-review civil-procedure constitutional-law due-process federal-courts judicial-discretion legal-procedure sentencing standing Did the appeadl court abuse its discretion by failing to comply withthe consttution which guarartee me due process of law which compel the rebuttal of…
22-7149 Eugene Hammond v. Karl Fort, Warden Georgia 2023-03-30 Denied Response WaivedIFP appeal civil-procedure dismissal due-process probable-cause standing lobemer jgmnLa ayprwne^ d&w*d fmtehk 4w&fid*n<M£ H€> rh-g door4s by dbismjssm& his !$s? &y frdbahbs d&v&B- 4e db^hci? . nJji&hwr %.& Sftmia, £iMrwuL …
22-6999 Allen Maki v. Texas Texas 2023-03-13 Denied Response WaivedRelisted (2)IFP appeal criminal-procedure due-process equal-protection evidence-rules judicial-jurisdiction jurisdiction motion-in-limine second-amendment statutory-interpretation texas-criminal-law Whether there is a conflict between Tex Criminal Code Art. 44.17 And Tex Gov. Code Sec. 30.00015 (a).(1) (2) Whether it fair to regard Maki 's gentle…
22-6905 Francisco Nunez Carrillo v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-03-02 Denied Response WaivedIFP appeal constitutional-law criminal-procedure double-jeopardy sentencing statutory-interpretation Question not identified.
22-797 Marquay Quamaine Sheppard v. United States Fourth Circuit 2023-02-22 Denied Response Waived appeal circuit-court-precedent criminal-appeal criminal-procedure district-court due-process fourth-circuit precedent sentencing supreme-court supreme-court-decisions Did the Fourth Circuit err by dismissing the Petitioner's appeal and affirming the 188 month sentence imposed by the trial court, inasmuch as this dec…
22-6812 Ernest Luther Taylor v. United States Ninth Circuit 2023-02-17 Denied Response WaivedIFP appeal court-appointed-counsel criminal-procedure indigent-defendant mental-health mental-illness restitution social-security social-security-disability 1. Did the District Court err when it ordered defendant Taylor to pay interest on a $7500.00 restitution obligation, where the evidence showed that he…
22-6809 Mohamed Ibrahim Ahmed v. United States Fifth Circuit 2023-02-16 Denied Response WaivedIFP 404(b)-standard appeal appellate-review criminal-procedure due-process evidence evidence-rule evidentiary-issues evidentiary-test judicial-interpretation legal-uniformity rule-404(b) Is an updated, clear, and uniform test needed for the most common evidentiary issue presented on appeal, Rule 404(b) related issues?
22-6751 Ernest Kyle Dyer v. United States Third Circuit 2023-02-10 Denied IFP appeal appellate-review conditional-guilty-plea federal-criminal-procedure federal-rule-of-criminal-procedure-11(a)(2) harmless-error motion-to-suppress plea-bargaining prevail When a defendant enters a conditional guilty plea, reserving the right to appeal an adverse decision on a motion to suppress, what harmless-error stan…
22-752 Bi Rite Auto Transport, Inc., et al. v. Russell Dilday, et al. California 2023-02-10 Denied 14th-amendment appeal appellate-review civil-procedure constitutional-rights due-process fourteenth-amendment procedural-due-process standing state-court-rules state-law 1. Is California's scheme of procedural due process in its Code of Civil Procedure and Civil Rules of Court satisfactory of constitutionally protected…
22-6674 Antonio Collins v. Shelby Searls, Superintendent, Huttonsville Correctional Center Fourth Circuit 2023-02-01 Denied Response WaivedIFP appeal appeal-process civil-rights constitutional-rights due-process habeas-corpus judicial-review petition-denial standing 1. Can a determining judgment be ruled upon when a lower court's judge has to "read" a petition, "before ruling" a denial; for the petition to be furt…
22-6687 Robert Dee Carter v. Deon Clayton, Warden Tenth Circuit 2023-02-01 Denied IFP appeal appellate-review brady brady-materiality charges-convicted circuit-court due-process materiality pro-se-status rule-59 rule-60b 1. Did the United States Court of Appeals for the Tenth Circuit depart Brady by artificially heightening the threshold for materiality based on Petiti…
22-6658 Wade Bonk v. United States Seventh Circuit 2023-01-30 Denied Response WaivedIFP appeal circuit-court-ruling conviction criminal-procedure due-process judicial-discretion leadership-role retroactive-application retroactivity sentencing sentencing-enhancement Did the District Court err by refusing to apply the Seventh Circuit's ruling in U.S. v. Carnell retroactively since Petitioner's conviction was not fi…
22-6405 David Lee Smith, Individually and as Representative of the Estate of Mary Julia Hook v. United States Federal Circuit 2022-12-28 Denied Response WaivedIFP appeal appeal-dismissal civil-procedure constitutional-rights due-process fifth-amendment in-forma-pauperis judicial-taking poverty sanctions takings The question presented for review is whether the United States Court of Appeals for the Federal Circuit has so far departed from the accepted and usua…
22-6289 Kevin Singleton v. United States Fifth Circuit 2022-12-13 Denied Response WaivedIFP appeal appeal-waiver constitutional-rights criminal-procedure fifth-circuit judicial-review plea-agreement plea-bargaining procedural-history waiver Whether the Fifth Circuit erred by dismissing Mr. Singleton's appeal based on the waiver of appeal provisions in his Plea Agreements.
22-488 Darrell Hemphill v. New York New York 2022-11-22 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) appeal confrontation-clause constitutional-error criminal-procedure due-process evidence evidentiary-ruling harmless-error judicial-review out-of-court-statement supreme-court-precedent Whether the improper admission of the out-of-court statement by the alternative suspect in Hemphill v. New York, 142 S. Ct. 681 (2022), was "so unimpo…
22-6113 Guillermo Garcia v. James Hill, Warden Ninth Circuit 2022-11-21 Denied IFP appeal appeal-denial civil-procedure civil-rights counsel-appointment district-court due-process legal-error motion-to-appeal petition petition-review standing 1. WHETER THE LOowER cOvRT MADE A LECAL ERROR . 5 AFL WHEW DENYEW C HIS DPPEAL , WAE A OF? PETLZIOW SHARE CORE OF OF EGRATAOVE AYIETS DN COMMON WUT FH…
22-6066 Brent Stephens v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-11-16 Denied IFP 28-usc-2244 28-usc-2254 appeal appeal'\n\n'Whether the Federal Court of Appeals f appeal'\n\n'Whether the U.S. District Court Magist appellate-procedure certificate-of-appealability criminal-procedure due-process exhaustion exhaustion'\n\n'Whether the Federal Court of Appea federal-statute fifth-circuit habeas-corpus judicial-deference jury-trial jury-verdict magistrate-bar procedural-bar sentencing standard-of-review standard-of-review'\n\n'Whether the U.S. District trial-court-authority QUESTION A: Whether the Trial Court had the authority to supplant the verdict of the jury on punishment? QUESTION B: Whether the U.S. District Court …
22-6034 Francis Stock v. Chanelle Braswell, et al. Third Circuit 2022-11-09 Denied IFP appeal appellate-procedure civil-procedure district-court due-process jurisdiction jurisdictional-filing notice notice-of-appeal prisoner-rights service-of-process standing Is Prisoner entitled to notice of Dismissal by the U.s. District court under +he Federal Rules of Civil Procedure? when Prisoner filed his Notice of …
22-416 Tuhin Kumar Biswas v. Ethan Rouen, et al. Second Circuit 2022-11-02 Denied 42-U.S.C.-1983 42-usc-1983 appeal appellate-review copyright-act federal-cause-of-action first-amendment plagiarism state-actor 1. Is Copyright Act the only Federal Cause of Action under which Plagiarism can be adjudicated? 2. Whether Columbia University and related parties ca…
22-5951 Cavon C. Clark v. United States Ninth Circuit 2022-10-31 Denied Response WaivedIFP appeal concurrent-sentence consecutive-sentence criminal-appeal due-process recidivism recidivist-enhancement resentencing sentencing vindictiveness 1. Must a "more severe" sentence of incarceration be numerically longer than the sentences of incarceration previously imposed; and if not 2. Ata thi…
22-5870 Rodney Marshall v. Brian Williams, Warden, et al. Ninth Circuit 2022-10-19 Denied Response WaivedIFP appeal certificate-of-appealability criminal-procedure criminal-sentencing double-jeopardy due-process fair-trial ninth-circuit sentencing 1. Whether the Ninth Circuit erred by denying a certificate of appealability on the question of whether Mr. Marshall's right to be free from double je…
22-5854 Willie Ricardo Gordon v. United States Fourth Circuit 2022-10-18 Denied Response WaivedIFP appeal criminal-procedure drug-crimes drug-weights fourth-circuit obstruction-of-justice presentence-investigation presentence-investigation-report sentencing 1. Did the trial court err in accepting the findings of the presentence investigation report, regarding the weights of the drugs attributable to Mr. G…
22-5862 Gregory Ramos v. United States Second Circuit 2022-10-18 Denied Response WaivedIFP appeal constitutional-right criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel second-circuit sixth-amendment Whether the Second Circuit's determination that Petitioner was not denied his right to the effective assistance of counsel consistent with the Sixth A…
22-5865 Charles Smith v. United States Ninth Circuit 2022-10-18 Denied Response WaivedIFP appeal appellate-procedure criminal-conviction criminal-procedure jurisdiction jurisdictional-defect ninth-circuit plea-agreement sentencing waiver Whether the Ninth Circuit erred in dismissing the appeal when Mr. Smith's plea agreement contains a count of conviction and resulting sentence that is…
22-5811 Matthew Poulin v. United States Seventh Circuit 2022-10-12 Denied Response WaivedIFP alcohol-consumption alcohol-prohibition appeal criminal-procedure district-court due-process reasonableness sentencing supervised-release unreasonable-sentence I. Whether the district court erred by sentencing Mr. Poulin to twelve (12) months considering the circumstances of the case? II. Whether the special…
22-5772 Rollie Andre Lott v. United States Fifth Circuit 2022-10-05 Denied Response WaivedIFP appeal appeal-procedure civil-rights constitutional-rights due-process hearing-request inmate-mail-system property-forfeiture property-seizure seizure-and-forfeiture PETITIONER REQUESTED A HEARING REGARDING SEIZURE AND FORFEITURE NOV, 21,2021 .PETITIONER SENT THE REQUIRED DOCUMENTS TO THE DISTRICT ATTORNEY AND ONE …
22-5775 William Robert Bramscher v. California California 2022-10-05 Denied Response WaivedIFP appeal constitutional-rights conviction criminal-appeal first-amendment hearsay hearsay-evidence presumption-of-innocence right-to-counsel 1. HAVE THE FIRST AMENDMENT RIGHT TO ADVOCATE THAT I AM INNOCENT OF ANY CHARGED OF CONVICTED CRIME(S)? 2. AN APPEAL ATTORNEY CANNOT CONCEDE GUILT IN …
22-5762 Jonathan Mattox v. Arizona Arizona 2022-10-04 Denied Response WaivedRelisted (2)IFP appeal arizona-rule-criminal-procedure civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-counsel newly-discovered-evidence post-conviction-relief sentencing standard-of-review statutory-interpretation What i the coredtinter pretation that should be percieved from A.R.5. 28-1383 (4)(2) T?
22-5739 LaTausha Simmons v. Michigan Michigan 2022-10-03 Denied IFP acquittal appeal circuit-court constitutional-protection criminal-prosecution double-jeopardy insufficient-evidence jurisdiction michigan-supreme-court reconsideration I. WHETHER THE MICHIGAN SUPREME COURT ERRED IN CONCLUDING THAT THE PROHIBITION AGAINST DOUBLE JEOPARDY (see US Const, Am V and Const 1963, art 18 15…
22-5644 Kevin Griffin v. Thomas P. DiNapoli, et al. Second Circuit 2022-09-22 Denied IFP 14th-amendment appeal appointed-counsel constitutional-rights disability-claims due-process equal-protection fourteenth-amendment newly-discovered-evidence Was petitioner's appeal erroneously dismissed even though newly discovered evidence supports petitioner's disability claims, U.S. Const. Amend. XIV? …
22-5647 Jose Antonio Guerrero-Yanez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-09-22 Denied IFP 28-usc-2253 appeal certificate-of-appealability civil-rights due-process fifth-amendment fifth-circuit first-amendment rule-60b-motion standing (1) Did the United States Court of Appeals for the Fifth Circuit misapply 28 U.S.C. §2253 by requiring Petitioner to be granted a Certificate of Appea…
22-5658 William L. Whipple v. United States District Court for the Southern District of Florida Eleventh Circuit 2022-09-22 Denied IFP appeal appeal-rights civil-procedure due-process equal-access judicial-review mandamus ministerial-duty standing CAN MANDAMUS BE DEEMED AS A SUBSTITUTE FOR APPEAL WHEN LITIGANT WAS DENIED EQUAL ACCESS TO COURT AND DEPRIVED OF HIS DUE PROCESS RIGHT TO RESERVE ISSU…
22-5522 Fernando Cazares v. United States Ninth Circuit 2022-09-12 Denied Response WaivedIFP appeal certificate-of-appealability conspiracy crime-of-violence criminal-procedure due-process general-verdict pinkerton-conspiracy section-241 section-245 sentencing violent-crime Did the court of appeals err in failing to grant a certificate of appealability where the application presented three debatable questions: First, the …
22-5537 Joseph William Rendon v. Iowa Iowa 2022-09-08 Denied Response WaivedIFP appeal criminal-procedure due-process habeas-corpus ineffective-assistance sixth-amendment Whether Petitioner was provided effective Assistance of Counsel
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 because of the Waiver of Appeal provision in his …
22-128 Michelle Herczeg v. City of Dallas, Texas Texas 2022-08-10 Denied Response Waived appeal appellate-procedure civil-rights constitutional-rights due-process employment-discrimination equal-protection police-misconduct retaliation sexual-harassment Is it repugnant to the Constitution and laws of the United States when th e rights of a decorated police offer, who was a victim of sexual assault and…
22-5135 Joshua Jay Schroeder v. United States Ninth Circuit 2022-07-19 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure federal-rules plea-agreement right-to-appeal sentencing Does a defendant retain the right to appeal a sentence if, after imposition of the sentence, the district court advises the defendant of the right to …
22-5018 Michael Allen Long v. United States Fifth Circuit 2022-07-01 Denied Response WaivedIFP appeal appeal-waiver appellate-review criminal-procedure fifth-circuit jurisdiction plea-agreement plea-bargaining procedural-error standard-of-review waiver Whether the Fifth Circuit erred by finding that Mr. Long's appeal should be dismissed based on the waiver of appeal provision in his Plea Agreement.
21-8261 Elgin Z. Haynie v. Ohio Ohio 2022-06-29 Denied IFP appeal conviction due-process effective-assistance-of-counsel pro-se-representation sentencing own faulty pro se representation.
21-8255 Christopher Alexander Reilly v. United States Fifth Circuit 2022-06-28 Denied Response WaivedIFP 28-usc-2255 appeal appellate-rights certificate-of-appealability due-process ineffective-assistance-of-counsel motion-to-suppress notice-of-appeal section-2255 WHETHER THE DISTRICT COURT AND COURT OF APPEALS SHOULD HAVE GRANTED A CERTIFICATE OF APPEALABILITY, TO ALLOW DEFENDANT REILLY TO APPEAL THE DISTRICT C…
21-8256 Ortaz Sharp v. United States Eleventh Circuit 2022-06-28 Denied Response WaivedIFP appeal appellate-procedure due-process government-abandonment government-appeal judicial-discretion party-presentation sentencing sentencing-hearing sineneng-smith statutory-interpretation Whether a court of appeals violates the principle of party presentation announced in United States v. Sineneng Smith, 140 S. Ct. 1575 (2020), by permi…
21-8206 Noble Laverne Bennett v. United States Eighth Circuit 2022-06-23 Denied Response WaivedIFP appeal appellate-review constitutional-interpretation criminal-procedure due-process extraordinary-circumstances habeas-corpus judicial-discretion procedural-error sentencing sentencing-review I. WHETHER IT WAS ERROR FOR THE EIGHTH CIRCUIT TO DENY BENNETT'S APPEAL WITHOUT AN OPPORTUNITY TO BE HEARD? II. WHETHER IT WAS ERROR FOR THE LOWER CO…
21-8216 Roy Lee Dykes v. United States Fourth Circuit 2022-06-23 Denied Response WaivedIFP appeal criminal-procedure due-process evidence jury-instructions sentencing 1. Did the Fourth Circuit err in affirming the District Court's abuse of its discretion in admitting evidence of weapons found in Mr. Dykes' residence…
21-8160 Jamie M. Coffey v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-06-16 Denied IFP 14th-amendment appeal appellate-review criminal-procedure due-process griffith-v-kentucky judicial-precedent retroactive-application retroactivity 1. Do the State and Federal courts violate a petitioner's 14th Amendment Right to due process when they decline to apply a new rule governing a crimin…
21-1568 Austin Roger Carter v. Genesis Alkali LLC, et al. Tenth Circuit 2022-06-16 Denied appeal appeal-procedure attorney-client attorney-client-privilege civil-procedure civil-rights due-process fifth-amendment fourteenth-amendment professional-conduct standing Whether Petitioner's Fifth and Fourteenth Amendments of the Constitution and related rights of Due Process were violated by the Wyoming Tenth Circuit …
21-1534 Rahila Tarverdiyeva v. Coinbase Global, Inc., aka Coinbase Eleventh Circuit 2022-06-07 Denied Response Waived 11th-circuit-court appeal arbitration arbitration-agreement breach-of-contract contract-defenses federal-arbitration-act fraud fraud-exception judicial-authority theft 1. Whether the Judge exceeded her authority when she ruled only "breach of contract" and granted compelling arbitration if the Petitioner's claim conc…
21-8070 Mike Allen v. Kaden Adams Tenth Circuit 2022-06-07 Denied Response WaivedIFP appeal civil-procedure due-process failure-to-state-a-claim pro-se standing I filed my complaint pro se, and the Court of Appeals for the Tenth Circuit denied it for failing to state a claim. I stated a claim in the STATEMENT …
21-7985 Freddie Glover v. Florida Florida 2022-05-27 Denied Response WaivedIFP appeal capital-crime constitutional-rights criminal-procedure due-process grand-jury information-charging notice opportunity-to-be-heard state-counsel subject-matter (1). Whether Glover is Due Process Rights were violated by not allowing him opportunity to Reply to State Counsel Answer Brief prior to making a rulin…
21-7959 Salito Marques Good v. United States Fourth Circuit 2022-05-24 Denied Response WaivedIFP appeal criminal-procedure criminal-sentencing double-jeopardy due-process fourth-circuit johnson-precedent sentencing-maximum statutory-interpretation statutory-maximum supervised-release (1) Whether a defendant can be required to serve more than the statutory maximum sentence for his offense of conviction when a sentence for violating …
21-7850 Nawaz Ahmed v. Tim Shoop, Warden Sixth Circuit 2022-05-12 Denied IFP ada-disability appeal appellate-jurisdiction clerk-error constitutional-rights counsel-substitution habeas-corpus judicial-procedure motion-to-substitute-counsel pro-se pro-se-motions What is the remedy available, if district judge never ruled upon the prejudgment (Ecf.107,1 10,132-1) 18 U.S.C.S. $ 3599(e) pro se Motions to substitu…
21-7697 Michael Mirando, aka Michael John Mirando v. United States Ninth Circuit 2022-04-26 Denied Response WaivedIFP appeal appellate-review circuit-split criminal-procedure district-court loss-calculation sentencing-guidelines standard-of-review What standard of review applies to an appeal challenging a district court's methodology for calculating the loss amount under Section 2B1.1 of the Uni…
21-7587 Jose Garcia Solorzano v. United States Seventh Circuit 2022-04-11 Denied Response WaivedIFP acceptance-of-responsibility appeal criminal-procedure criminal-sentencing district-court district-court-discretion reduction-in-sentence sentence-reduction sentencing-guidelines u.s.s.g.-§3e1.1 u.s.s.g.-interpretation Did the district court err in not granting Mr. Solorzano a reduction in sentence for his acceptance of responsibility under U.S.S.G. §3E1.1?
21-7544 Erskine D. Salter v. United States Eleventh Circuit 2022-04-05 Denied Response WaivedIFP appeal appellate-review conflict constitutional-law due-process eleventh-circuit federal-question legal-procedure united-states-constitution DID THE ELEVENTH CIRCUIT COURT OF APPEALS DECIDE A FEDERAL QUESTION IN A WAY THAT CONFLICTS WITH THE DUE PROCESS CLAUSE OF THE UNITED STATES CONSTITUT…
21-7507 Valedia Gross v. First NLC Financial Services, LLC, et al. Maryland 2022-03-31 Denied IFP appeal appeal-waiver case-reopening civil-procedure court-intervention default-judgment legal-procedure motion-to-vacate standing timeliness waiver Did the Court of Special Appeals (COSPA) err, as a matter of law, in holding that Ms. Gross waived her right to appeal the circuit court's order vacat…
21-1275 Abetubokun Adesioye v. United States Fourth Circuit 2022-03-22 Denied Response Waived appeal appeal-waiver court-of-appeals criminal-appeal criminal-procedure due-process plea-bargaining right-to-appeal rule-11-colloquy sentencing sentencing-guidelines waiver Did the Court of Appeals err in finding that the petitioner knowingly and intelligently waived his right of appeal without having considered the exist…
21-7405 Joshua Guity-Nunez v. United States Third Circuit 2022-03-17 Denied Response WaivedIFP 18-usc-section-1594 appeal base-offense-level criminal-conviction criminal-law criminal-statute due-process federal-sentencing human-trafficking sentencing sentencing-guidelines statutory-interpretation I, Whether Petitioner, who was convicted of 18 U.S.C. § 1594(c), is subject to a Base Offense Level of 34 or 14?
21-7380 Frank Henderson Brown v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-03-15 Denied IFP appeal civil-rights closing-arguments due-process evidence-rules ineffective-assistance-of-counsel prosecutorial-misconduct standing trial-court-error A. Total Court erred B) By allowing veto AHO frsSecoriwl te argue FeetS nor mM ey LAence . B. the Prosewre erved 6). by agus fattS not (na evidence …
21-7321 Eric Labreece Mack v. Texas Texas 2022-03-08 Denied IFP appeal criminal-procedure due-process evidence jury-instructions sentencing standard-of-review 1. IQW^&tsf Tne Cco^r appeals e,rreji \a ttYA'b yaoV eoViWe^ -h> die&JA^o^- ^virvj CVc^r^e. « 9' ^UjW^WiT "^V-e c_ooxV o£ Popped tb €jTrei \fe_ C\H …
21-7244 Walter L. Merritte v. Illinois Illinois 2022-03-03 Denied IFP appeal constitutional-law criminal-information criminal-procedure due-process legal-procedure standing state-court trial-court Whether petitioner's due process rights were violated when the state trial court granted Respondent leave to file the criminal information?
21-1177 Philip Jay Fetner v. Kevin R. McCarthy Fourth Circuit 2022-02-25 Denied Response Waived appeal appellate-review bankruptcy bankruptcy-court bias constitutional-rights due-process judicial-bias recusal (1) Was Debtor's (Petitioner's) fundamental right to due process violated by the Bankruptcy Court who admittedly early in this case developed and drov…
21-7189 Deimeyon Xavier Allen v. Vance Laughlin, Warden Georgia 2022-02-24 Denied Response WaivedIFP appeal certificate-of-probable-cause due-process effective-assistance-of-counsel right-to-be-present subpoena Is the Petitioner afforded due process when filing his Application For Certificate Of Probable Cause? Is the Georgia Supreme Court required to ensure…
21-7188 Elishay Banks v. United States Ninth Circuit 2022-02-23 Denied Response WaivedIFP appeal appellate-review counsel-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-error ninth-circuit standard-of-review Is it error by the Ninth Circuit Court of Appeals to fail to consider the petitioner's argument concerning the ineffective assistance of counsel obvio…
21-7169 Latwon James v. United States Fourth Circuit 2022-02-22 Denied Response WaivedRelisted (2)IFP appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver I. Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a provision in Mr. James's plea agreement waiving his right to appeal …
21-7170 Deborah Bowers and Steve S. Jabar, aka Steve Shariff, aka Satar Jabar, aka Kamal Jabar, aka Kamal Jamel v. United States Second Circuit 2022-02-22 Denied Response WaivedIFP 18-usc-1001 appeal appellate-review criminal-procedure false-statements fraud fraud-theory indictment materiality materiality-standard prosecutorial-discretion statutory-interpretation 1. May a court of appeals reinstate a verdict on a theory of fraud that was not pled in the indictment, not sought to be proven or argued at the trial…
21-7142 C. Holmes v. Blue Cross Blue Shield of South Carolina, Inc., et al. Fourth Circuit 2022-02-17 Denied Relisted (3)IFP appeal appellate-jurisdiction article-iii-court civil-procedure de-novo-review dispositive-motions due-process judicial-review magistrate magistrate-referral standard-of-review 1. Whether this Court should grant writ of certiorari regarding denial of the timely request for the substantial right of de novo determination by Art…
21-7112 Sophana Sovann v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2022-02-14 Denied Response WaivedIFP appeal certificate-of-appealability civil-procedure civil-rights due-process habeas-corpus notice-of-judgment pro-se right-to-appeal Was a pro se state prisoner denied his right to appeal the District Court's order denying his habeas corpus petition where state prisoner never receiv…
21-1103 Raul A. Pelaez, as Limited Guardian of the Person and Property of John Poul Pelaez, Ward v. Government Employees Insurance Company Eleventh Circuit 2022-02-10 Denied appeal circuit-court civil-procedure due-process fourteenth-amendment judicial-bias judicial-impartiality procedural-fairness 1. Whether the United States Court of Appeals for the Eleventh Circuit, and more particularly, Circuit Judge Edward Carnes, who prepared the opinion f…
21-7073 Nathaniel Collins v. Alabama Alabama 2022-02-08 Denied Response WaivedIFP appeal constitutional-rights criminal-procedure due-process electronic-hearing in-person-hearing probation trial-court-objection video-conference virtual-hearing Whether a virtual, video conference, or other hearing that takes place using an electronic or computer medium is sufficient to meet the due process re…
21-7026 Nehemias Samayoa v. United States District of Columbia 2022-02-01 Denied Response WaivedIFP appeal appeal-withdrawal civil-rights coercion dual-sovereignty due-process effective-assistance-of-counsel federal-jurisdiction indigent-defendant standing state-court-judgment When a federal court enters a judgment without proper jurisdiction, does it reach an opinion that would justify a recall of mandate?
21-6985 Hamid Michael Hejazi v. Oregon Oregon 2022-01-27 Denied Response WaivedIFP appeal case-review civil-procedure contempt court-jurisdiction due-process fraud-upon-court judicial-review legal-standing petition-review standing sub-judice 0 1$ 1^ gDvm&j &aa<1 pftul&A/V- 'fhat ~ib£s OWd de^lai aw-A dismissal op a wiefwi -&/- n^/ieT •(^mw ay^Uyd£M/v(- -Pmuac I <^>&n +M b& (^AS^(U/'eA 4-0 …
21-1047 Annick Roy, as Special Administrator of the Estate of Jean-Guy Veilleux, Deceased, et al. v. Canadian Pacific Railway Company First Circuit 2022-01-27 Denied Amici (1) appeal appeal-tolling bankruptcy-court bankruptcy-procedure civil-procedure district-court federal-rules judicial-review title-11 1. The Federal Rules of Bankruptcy Procedure govern procedure in "cases under title 11 of the United States Code." Fed. R. Bankr. P. 1001. Does the te…
21-6984 Hamid Michael Hejazi v. Oregon Oregon 2022-01-27 Denied Response WaivedIFP appeal appellate-review civil-procedure court-procedure due-process fraud judgment judgment-standard legal-appealability motion-dismissal procedural-rules standing 0 b/ftS it justified the Oregon review oP theCourt to oeme den appellate O-emmLESta/ierls deal - 3 " Sio,n -to dismiss Petitioner's Op tWe dircuitap…
21-6907 Linda Baldwin v. Zurich American Insurance Company Fifth Circuit 2022-01-19 Denied Response WaivedIFP appeal citizenship civil-procedure class-action class-decertification constitutional-law due-process equal-protection equitable-tolling privileges-and-immunities 1. Constitution of the United States of America 1789 (rev. 1992). All persons born or naturalized in the United States and subject to the jurisdiction…
21-6845 In Re Willie S. Smith 2022-01-13 Denied Relisted (2)IFP acquittal appeal appellate-review constitutional-injury criminal-procedure due-process judgment-of-acquittal judicial-discretion legal-remedy usurpation-of-power (1) Is it clear and indisputable that, respondent Judges have a duty to enter a judgement of acquittal pursuant to "Ball" and Crim. Rule 29? (2) Is i…
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(…
21-881 Linda Shao v. McManis Faulkner, LLP California 2021-12-14 Denied Relisted (2) appeal appellate-procedure civil-procedure conflicts-of-interest court-jurisdiction due-process filing judicial-bias procedural-irregularity vexatious-litigant 1. Was Petitioner denied due process by the summary denial of Petitioner's application for leave to file appeal where the application had been previou…
21-6583 Roger Edward Picard v. United States First Circuit 2021-12-13 Denied Response WaivedIFP appeal criminal-procedure due-process judicial-discretion jurisdiction jurisdictional-challenge mental-health-assessment rule-35 rule-35-motion sentencing sentencing-procedure i. Did the First Circuit err in denying a jurisdictionally sound motion filed pursuant to Fed.R.Crim.P. 35(a), where the district court simply ignored…
21-6561 Gerald Aranoff v. Susan Aranoff New York 2021-12-08 Denied Relisted (2)IFP appeal civil-divorce civil-procedure civil-rights due-process elderly-citizen-rights fraud international-jurisdiction judicial-fraud qdro standing supreme-court-appeal Can an elderly USA citizen living in Israel continuously since July 9, 1991 except for 1 week August 1992, appeal to the United States Supreme Court t…
21-6520 Mark J. Zimny v. United States First Circuit 2021-12-06 Denied Response WaivedIFP appeal appellate-court due-process motion-for-summary-disposition reasonable-jurists substantial-question summary-disposition supreme-court-precedent Did an appellate court contravene Supreme Court precedent by granting the government's motion for summary disposition when prior decisions of this Cou…
21-6437 J. S. v. Kansas Kansas 2021-11-30 Denied Response WaivedIFP appeal constitutional-rights due-process effective-counsel fourteenth-amendment ineffective-assistance right-to-appeal sixth-amendment 1. Did J.S. have a Fourteenth Amendment right to be advised by the Court of his right to appeal? 2. Did J.S. have a right to appeal out of time, beca…
21-6379 Keith R. Gomez v. Ron Haynes, Superintendent, Stafford Creek Corrections Center Ninth Circuit 2021-11-23 Denied Response WaivedIFP appeal civil-rights constitutional-rights criminal-procedure due-process habeas-corpus judicial-review legal-remedy sentencing state-court substantive-rights Question not identified.
21-759 WeBuildTheWall, Inc. v. United States Second Circuit 2021-11-22 Dismissed appeal appellate-jurisdiction asset-forfeiture asset-restraint criminal-procedure due-process ex-parte-order forfeiture-statute injunction standing 1. Can a non-party whose assets were restrained by a District Judge presiding over a criminal case, and who was blocked from a timely opportunity to b…
21-6351 Holly Harvey v. Georgia Georgia 2021-11-19 Denied Response WaivedIFP appeal appellate-procedure civil-rights constitutional-challenge constitutional-law due-process ineffective-assistance judicial-review legal-standard standing sWtub/u diced upp-eoj i or ab(mdioml upm o~kW ri c^kf +o uoa'weM l fU i ocluis Yk J1 *$>\WvV Reor^ 7 * qOhod is kV\fes\\old i<\ (k{\ o^'^-to 4 ^ "Y…
21-6196 I. A. v. Kansas Kansas 2021-11-05 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal civil-rights constitutional-law criminal-procedure due-process fourteenth-amendment ineffective-assistance legal-representation right-to-appeal standing 1. Did I.A. have a Fourteenth Amendment Right to have a District Court Judge inform him of his right to appeal? 2. Was I.A.'s trial attorney, Scott W…
21-648 Edward Hedican v. Walmart Stores East, L.P., et al. Seventh Circuit 2021-11-03 GVR Amici (1)Response RequestedResponse WaivedRelisted (4) appeal appellate-procedure certiorari civil-procedure intervention legal-standard motion-to-intervene post-judgment standing statutory-right timeliness In Cameron v. EMW Women's Surgical Center, this Court will determine whether the Sixth Circuit erred in holding that the Kentucky Attorney General's m…
21-6013 Zachary Scott Reed v. Michael Dixon, et al. Eighth Circuit 2021-10-20 Denied Response WaivedIFP appeal appellate-review civil-procedure civil-rights clear-error due-process judicial-fairness pro-se-plaintiff qualified-immunity standing If a district court applies qualified immunity to a case upon adopting a factual basis containing a clear error of fact, with such clear error being d…
21-6014 Yina Maria Castaneda Benavidez, aka La Reina, aka Ingeniera v. United States Eleventh Circuit 2021-10-19 Denied Response WaivedIFP appeal conspiracy constitutional-rights criminal-law criminal-procedure drug-trafficking due-process evidence evidence-standard knowledge-element sentencing sentencing-disparity This petition arises from the affirm ance of a judgment of conviction and sentence to a term of 22 ½ years ' incarceration following a jury trial for …
21-5988 Stephen B. Jones, Sr. v. Maryland Maryland 2021-10-15 Denied Response WaivedRelisted (2)IFP appeal constitutional-law constitutional-provisions criminal-procedure due-process judicial-review jurisdiction legal-reasoning procedural-rules speedy-trial statutory-provisions Question not identified.
21-5822 Tahji Antonio Eley, et al. v. United States Fourth Circuit 2021-09-29 Denied Response WaivedIFP appeal certificate-of-appealability crime-of-violence criminal-law due-process federal-jurisdiction hobbs-act-robbery section-924(c) sentencing statutory-interpretation Whether Hobbs Act Robbery in violation of 18 U.S.C. § 1951 is a "crime of violence" as defined by 18 U.S.C. § 924(c)(3).
21-5783 Brian D. Smith v. Montana Montana 2021-09-24 Denied Response WaivedIFP appeal criminal-procedure critical-stage due-process equal-protection ineffective-assistance-of-counsel plea-bargaining plea-withdrawal post-conviction procedural-default right-to-counsel sentencing Is a motion to withdraw guilty plea considered a "critical Stage" requiring the assistance of counsel for a person "too poor" to hire one at the follo…
21-5603 Alphonse Gainer v. United States Eleventh Circuit 2021-09-08 Denied Response WaivedIFP abuse-of-discretion appeal appellate-discretion criminal-justice criminal-sentencing eleventh-circuit first-step-act motion-for-reconsideration motion-reconsideration sentence-reduction sentencing Whether the United States Court of Appeals for the Eleventh Circuit abused its discretion in denying Gainer's Motion for Reconsideration of Denial of …
21-5558 William Paul Langrum, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-01 Denied IFP aedpa aedpa-limitations appeal criminal-procedure habeas-corpus ineffective-assistance investigation pre-trial-investigation presumption-of-prejudice statute-of-limitations strickland-standard 1) The flntiterrorism and Effective Death Penalty Act of 1996 (AEDPA) establishes a one-year statute of limitations for state inmates seeking federal …
21-5543 Louis Matthews v. United States Ninth Circuit 2021-08-31 Denied Response WaivedIFP appeal appellate-review circuit-court-conflict conspiracy conspiracy-charge federal-law indictment judgment-acquittal ninth-circuit plain-error 1. Did the Ninth Circuit err in upholding a conviction for a conspiracy other than the conspiracy charged in the indictment, on a theory raised for th…
21-284 In Re Mathew Ryan Byrd 2021-08-27 Denied Response Waived appeal appellate-review covid-19 criminal-procedure due-process fourth-circuit incarceration mandamus medical-conditions medical-risk I. This Court has long held that it, "has power to issue a mandamus, in the exercise of its appellate jurisdiction, and that the writ will lie in a pr…
21-5451 John M. Wasson v. United States Ninth Circuit 2021-08-23 Denied Response WaivedIFP appeal criminal-procedure criminal-trial due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions legal-counsel mining-claim right-to-counsel The questions presented are: 1. Did Mr. Wasson have adequate counsel during his trial and appeal? 2. Was Mr. Wasson's accessing his mining claim's c…
21-5404 Maria Teresa Duarte Godinez v. United States Fifth Circuit 2021-08-17 Denied Response WaivedIFP appeal appellate-review criminal-procedure disparities due-process judicial-discretion plea-bargaining sentence-disparity sentencing sentencing-waiver waiver Whether the appellate court erred when it enforced the waiver keeping the Defendant from appealing her sentence in violation of her due process rights…
21-190 Carlos W. Santiago v. Josean Toucet, et al. Puerto Rico 2021-08-11 Denied Relisted (2) appeal appellate-rights confession confession-suppression criminal-procedure due-process equal-protection judicial-misconduct trial-transparency A = If due process of law is violated when a judge in a hidden trial disappears and erases from his judgment the confession obtained through strong cr…
21-5185 Lexton Pellew v. United States District of Columbia 2021-07-22 Denied Response WaivedIFP appeal conviction-count criminal-procedure double-jeopardy due-process jury-instruction jury-instructions legal-review sentence-calculation sentencing sentencing-error The petitioner was not charged with aiding and abetting in counts 11-14 but the court allowed the jury verdict on those counts based upon an admittedl…
21-5143 Cathy Carr v. National Presto Industries, et al. Fifth Circuit 2021-07-20 Denied Response WaivedIFP appeal appeal-reinstatement civil-procedure civil-rights due-process equal-protection judicial-review legal-rights procedural-fairness standing WAS THE PETITIONER DENIED FAIR DUE PROCESS AND EQUAL PROTECTION OR OTHER RIGHTS, AND ARE THERE ANY REASONS TO REOPEN OR REINSTATE HER APPEAL?
21-76 Linda B. Vacchino v. Nationstar Mortgage, LLC Florida 2021-07-20 Denied Response WaivedRelisted (2) appeal constitutional-rights due-process fifth-amendment foreclosure fourteenth-amendment fraud judicial-fraud mortgage-crisis property-rights Petitioner, Linda B. Vacchino for Herself And on Behalf of Unnamed, Countless Others Impacted by the 2007 Mortgage Crisis and Those To Be Impacted by …
21-5109 Everett Jerome Tripodis v. United States Eleventh Circuit 2021-07-14 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-review bail-reform-act dangerousness due-process non-dangerous-offense pretrial-detention prolonged-detention statutory-interpretation 1. Whether a Court of Appeals was required to answer or resolve the legal questions presented to it, or if it may instead "overlook " or "evade " the …
20-8343 Joseph Jenkins v. United States Second Circuit 2021-06-17 Denied Response WaivedIFP appeal appearance-of-impropriety appellate-procedure constitutional-review due-process judicial-bias laws-of-case mandate-rule panel-composition sentencing On third direct appeal, did the fractionally different appellate Panel plainly err by failing to force district court compliance (mandate rule) with t…
20-8250 Nathaniel Howard Thomas v. United States Fifth Circuit 2021-06-08 Denied Response WaivedIFP access-to-courts appeal appellate-rights civil-rights constitutional-rights covid-19 due-process federal-prisons legal-resources prison-access prisoner-litigation Whether the petitioner was denied due process of law during the COVID-19 pandemic due to the fact that all federal prisons were closed to all incoming…
20-8228 John Campbell v. United States Fourth Circuit 2021-06-04 Denied Response WaivedIFP appeal armed-bank-robbery bank-robbery count-severance criminal-procedure evidence evidence-suppression firearm-possession jury-instructions sentencing sentencing-enhancement 1. Did the district court incorrectly decline to charge the jury on a key element of armed bank robbery? 2. Did the district court err in denying sup…
20-8108 Roy Lee Dykes v. United States Fourth Circuit 2021-05-21 Denied Response WaivedIFP appeal appellate-procedure bail bond bond-motion criminal-procedure due-process fourth-circuit habeas-corpus judicial-review legal-standard motion-denial I. Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Dykes' Motion for Release on Bond pending appeal?
20-1583 Jeffrey Olson v. Minnesota Commissioner of Revenue Minnesota 2021-05-14 Denied Response Waived administrative-procedure appeal commissioner-order commissioner's-order due-process mail-notice ordinary-mail procedural-due-process tax-appeal tax-assessment tax-procedure Under Minnesota tax procedure, the central procedural event is the issuance of a Commissioner's Order, by which the Minnesota Commissioner of Revenue …
20-7949 Terry Kent Holcomb, II v. Rick Whitten, Warden Tenth Circuit 2021-05-06 Denied IFP appeal constitutional-right due-process evidence evidentiary-ruling federal-court habeas-corpus probative-evidence section-2254 state-court tenth-circuit Did the Tenth Circuit, on review of the denial of 28 U.S.C. §2254 petition, err in holding that evidence admitted at trial essentially established wha…
20-7931 Oscar Segura-Resendez v. United States Fifth Circuit 2021-05-05 Denied Response WaivedIFP appeal constitutional-due-process due-process ex-post-facto fifth-circuit guidelines harmless-error post-conviction-relief sentencing sentencing-retroactivity Is vidlation of the ex past Lacte clause of the 0.5, _ | Constitukion harm ess if the sogefic definition of 2x | DoS CackO Was done by the Coote
20-7872 Jeremy Darnell Morton v. United States Sixth Circuit 2021-04-28 Denied Response WaivedIFP 4th-amendment appeal attempt-offense career-offender controlled-substance criminal-procedure guideline-range harmless-error search-and-seizure sentencing I. Did the court of appeals err in using the harmless error rule to resolve the illegal search and seizure of $8,300? II. Was the career offender gui…
20-7784 Bryan Keith Goins v. United States Sixth Circuit 2021-04-15 Denied Response WaivedIFP appeal appellate-review court-jurisdiction criminal-procedure due-process filing-deadline ineffective-assistance-of-counsel judicial-interpretation legal-timeliness procedural-requirements sentencing writ-of-certiorari (1) Do my Prior Georgia Code ANN 3 16-3-30 lb Possessis with inent to Dis Tribute methamphetanine 4 or my TeNNeSSEe Code ANN. 339r 174 lsE PossEsSiON …
20-7691 Ernest Donald Washington v. Tammy Williams, Warden, et al. Fourth Circuit 2021-04-08 Denied IFP appeal civil-rights constitutional-claims criminal-procedure due-process evidence federal-jurisdiction habeas-corpus ineffective-assistance jurisdiction ninth-circuit procedural-default Mr. Washington (Petitioner) alleged that the CCL Court lack subject matter jurisdiction to try him. Petitioner was convicted, in large part upon Plain…
20-7673 Atticus Sliter-Matias v. United States Third Circuit 2021-04-07 Denied Response WaivedIFP appeal appellate-review criminal-procedure due-process evidence-law fifth-amendment plain-error self-incrimination Whether the Third Circuit Court of Appeals erred in affirming the District Court's judgment of conviction and sentence by failing to find that the dis…
20-1371 Bart Posey, Sr. v. United States Sixth Circuit 2021-03-31 Denied Response Waived appeal appellate-counsel constitutional-right criminal-procedure due-process duty-to-consult habeas-corpus ineffective-assistance right-to-counsel 1. Whether the duty to consult about an appeal requires the effective assistance of counsel.
20-7594 Rashawn Donnell Williams v. United States Fourth Circuit 2021-03-29 Denied Response WaivedIFP appeal conviction criminal-procedure due-process sentencing statutory-interpretation mcorrecmu 954^ &f\d despiVe ■btac hbldtr^S Aft liy, \f. Do^lS ySci HS5 (_5* tirca^^ -^cd - u)trt aP-Pirm-ed by lid. v. T)a>/is . 1SS S. C4-53^
20-7543 Victor Real-Alomar, aka Toston v. United States First Circuit 2021-03-24 Denied Response WaivedIFP appeal appeal-waiver burden-of-proof constitutional-rights criminal-procedure first-amendment ninth-amendment plea-agreement plea-bargaining pretrial-detainee waiver A. Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the gover…
20-7529 Brian E. Moore v. United States District of Columbia 2021-03-23 Denied Response WaivedIFP appeal attorney-client-privilege criminal-intent evidence obstruction threats Question not identified.
20-7505 Olin Matice Gaskins v. West Virginia West Virginia 2021-03-18 Denied Response WaivedIFP appeal constitutional-rights direct-appeal due-process equal-protection federal-law fourteenth-amendment legal-procedure retroactivity state-court supreme-court DID THE SUPREME COURT OF APPEALS OF WEST VIRGINIA VIOLATE CLEARLY ESTABLISHED FEDERAL LAW AND PETITIONER'S FOURTEENTH AMENDMENT RIGHTS WHEN IT FAILED …
20-7476 Jose Armondo Ramos Cabrera v. United States Fourth Circuit 2021-03-17 Denied Response WaivedIFP appeal criminal-appeal criminal-procedure defendant-objection due-process firearm-possession firearms fourth-circuit sentencing sentencing-enhancement standard-of-review two-level-enhancement Whether the court erred when it denied defendant's objection to the two level enhancement for possession of a firearm
20-7428 Aldo Marones v. Aaron D. Ford, Attorney General of Nevada, et al. Ninth Circuit 2021-03-11 Denied Response WaivedIFP appeal civil-rights due-process evidence firearms sentencing Question not identified.
20-7316 Jose Luis Morales v. Stuart Sherman, Warden Ninth Circuit 2021-03-03 Denied IFP appeal appellate-review district-court-discretion effective-counsel first-appeal post-conviction post-judgment-appeal sixth-amendment state-statutory-right statutory-right 1. Does the Sixth Amendment right to effective counsel on appeal apply to when the appeal takes place years after conviction and the defendant had a s…
20-1207 Alexander Balbuena v. Brian Cates, Acting Warden Ninth Circuit 2021-03-02 Denied Amici (1)Relisted (2) aedpa amendment appeal appellate-procedure circuit-split federal-courts habeas-corpus habeas-petition petition-amendment second-or-successive Whether a district court filing that seeks to amend a habeas petition pending on appeal constitutes a "second or successive" petition under the Antite…
20-7294 James Peter Sabatino v. United States Eleventh Circuit 2021-03-02 Denied Response WaivedIFP 11th-circuit appeal appellate-procedure civil-rights communication-rights criminal-procedure district-court due-process mootness statutory-interpretation WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS ERRED IN DISMISSING PETITIONER'S APPEAL AS MOOT, IN THAT THE DISTRICT COURT'S SUBSEQUENT RULING REAUTHOR…
20-1140 Angela W. DeBose v. University of South Florida Board of Trustees, et al. Eleventh Circuit 2021-02-19 Denied appeal appeal-rights civil-procedure consolidation due-process final-judgment pro-se-litigant rule-42-consolidation rules-enabling-act self-representation substantive-right substantive-rights 1. Whether a Rule 42 consolidation can deprive a party of a substantive right —the right to an appeal from a final judgment —when the Rules Enabling A…
20-7168 Loren Joel McReynolds v. United States Ninth Circuit 2021-02-19 Denied Response WaivedIFP appeal appellate-review base-offense-level criminal-procedure firearms-offense reasonableness-standard sentencing sentencing-guidelines standard-of-review ussg-2k2.1 I. Whether The Court's Calculation Of McReynolds' Base Offense Level Was Erroneous? II. Whether The Court Erred In Denying A Reduction In The Offense…
20-7132 Roy Lee Dykes v. United States Fourth Circuit 2021-02-11 Denied Response WaivedIFP appeal appellate-procedure bail bond bond-motion criminal-procedure due-process fourth-circuit habeas-corpus judicial-review legal-standard motion-denial Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Dykes' Motion for Release on Bond pending appeal?
20-7096 Brian Edward Reynolds v. United States Eighth Circuit 2021-02-10 Denied Response WaivedIFP appeal civil-rights criminal-procedure due-process eighth-circuit exclusionary-rule federal-court mandate search-and-seizure standing Question not identified.
20-7018 Lawrence Westbrook, III v. United States Sixth Circuit 2021-02-03 Denied Response WaivedIFP appeal appellate-review criminal-procedure criminal-sentencing district-court district-court-discretion enhancement firearm-enhancement firearms sentencing-guidelines united-states-sentencing-guidelines I. Whether the district court erred by applying a six-level enhancement pursuant to USSG § 2K2.1(b)(1)(C). II. Whether the district court erred by ap…
20-6967 Justin Loper v. United States Ninth Circuit 2021-01-28 Denied Response WaivedIFP appeal appellate-procedure constitutional-challenge conviction crime-of-violence due-process hobbs-act hobbs-act-robbery sentencing statutory-interpretation WHETHER THE COURT OF APPEALS ERRED IN DISMISSING THE APPEAL WHERE THE CONVICTION AND SENTENCE WERE UNCONSTITUTIONAL BECAUSE HOBBS ACT ROBBERY IS NOT A…
20-987 Spielbauer Law Office v. Midland Funding, LLC, et al. California 2021-01-25 Denied appeal civil-procedure constitutional-taking due-process entry-of-judgment judicial-discretion notice-of-appeal procedural-rights statutory-interpretation takings 1. If a statute appears to reasonably permit the filing of a notice of appeal upon entry of order or entry of judgment, is it a denial of due process …
20-6845 Tony Tran v. Wisconsin Wisconsin 2021-01-12 Denied Response WaivedIFP appeal confrontation-clause credibility criminal-procedure due-process evidence 1. whether the circuit coust erred wher the court ruled that Tran Could not elicit evidence to attack the credibility of Tran's accuser.
20-6765 Kevin Wayne Dickson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-04 Denied IFP appeal appellate-procedure civil-rights constitutional-interpretation due-process expert-witness ineffective-assistance-of-counsel judicial-review legal-sufficiency standard-of-review state-court-review Did the Fifth Court of Appeals commit error for concluding that Appellant's ineffective assistance of counsel claim was not debatable among jurists wh…
20-6686 Benjamon Ray Stewart v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-12-22 Denied IFP appeal appellate-jurisdiction civil-rights constitutional-rights counsel-appointment due-process effective-assistance-of-counsel federal-criminal-procedure habeas-corpus standing supreme-court-review Question not identified.
20-6599 Randy Dominguez v. United States Fifth Circuit 2020-12-10 Denied IFP appeal circuit-split criminal-procedure good-faith in-forma-pauperis retained-counsel If a criminal defendant was represented by retained counsel in the district court, must he show that his appeal is taken in good faith to proceed in f…
20-6536 In Re Vinodh Raghubir 2020-12-04 Denied IFP appeal civil-rights conspiracy court-integrity due-process federal-proceedings habeas-corpus judicial-misconduct legal-procedure malicious-prosecution predetermination Question not identified.
20-6537 Tamara Rouhi v. CVS Pharmacy, et al. Fourth Circuit 2020-12-04 Denied IFP appeal appeals-court case-dismissal civil-procedure district-court due-process fraud injustice judicial-misconduct legal-procedure procedural-error standing The Defendants did not make a single factual or valid point, but still prevailed in the case. That is clearly unjust. I am not happy with the service…
20-6522 Ricky Vincent Pendleton v. Terry C. Hamrick, et al. West Virginia 2020-12-03 Denied IFP access-to-courts appeal appeal-preparation constitutional-rights court-reporter due-process grand-jury grand-jury-transcripts indigent-prisoner transcripts 1. WHETHER INDIGENT PRISONER'S CONSTITUTIONAL RIGHTS WERE VIOLATED BY COURT REPORTER'S DENYING HIM ACCESS TO THE GRAND JURY TRANSCRIPTS REQUESTED TO P…
20-752 Gavin B. Davis v. California California 2020-12-01 Denied Relisted (2) appeal appellate-review civil-rights criminal-procedure due-process judicial-discretion plea-bargaining plea-withdrawal sentencing totality-of-circumstances (1) Did the 4th Dist., Div. 1, Court of Appeal, California, err in its (a) inquiry and (b) application of Boykin / Tahl 1 analysis under its (c) "tota…
20-6374 Terrance Nathaniel Brown, Jr. v. United States Fourth Circuit 2020-11-18 Denied Relisted (2)IFP appeal appellate-review criminal-law drug-conspiracy fourth-circuit harmless-error sentencing united-states-v-harchulik WHETHER THE COURT OF APPEALS MISAPPLIED THE HARMLESS ERROR DOCTRINE ANNOUNCED IN UNITED STATES v. HARDING WHEN IT AFFIRMED DEFENDANT'S SENTENCE FOR DR…
20-6376 Sean Jason Harstine v. United States Fourth Circuit 2020-11-18 Denied Response WaivedIFP age-of-defendant appeal breaking-and-entering criminal-history due-process juvenile-offender juvenile-offenses point-calculation sentencing sentencing-guidelines statutory-interpretation I. WHETHER IT WAS ERROR TO COUNT CRIMINAL HISTORY POINTS FOR FOUR 2004 BREAKING AND ENTERING (B&E) CONVITIONS WHEN THE DEFENDANT WAS ONLY 17 YEARS OLD…
20-6266 Mario Salas v. United States Fourth Circuit 2020-11-10 Denied Response WaivedIFP appeal appellate-power case-error civil-rights due-process extraordinary-circumstances habeas-corpus judicial-review rule-60b standing 1. Question in reviewing the merits of Rule 60(b)(6). Motion is whether the unique fact of Petitioner's case reveal extraordinary circumstances justif…
20-6257 Finnis Davis, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-11-09 Denied IFP appeal constitutional-rights criminal-procedure due-process evidence fifth-amendment ineffective-assistance ineffective-assistance-of-counsel medical-records murder-evidence Mr Davis was convicted with a penalcade 19.03(a)(7)(A) Aempted Lapital Murder. Mr. Davis was convicted on testimony evidence only of shooting two peop…
20-6228 Helen Le v. Molly C. Dwyer, et al. Ninth Circuit 2020-11-05 Denied IFP appeal civil-procedure contempt-order due-process fraud standing Fraud upon the court versus Civil Fraud Contempt of court Contempt Order Judge Kimberly J Mueller IS Trial Pretrial Contempt Order hearing Ju…
20-577 Moaze Ibrahim v. United States Second Circuit 2020-10-30 Denied Response Waived appeal civil-rights criminal-procedure due-process jurisdiction sentencing Question not identified.
20-471 Y. W. v. Patricia Aufiero, et al. Third Circuit 2020-10-09 Denied appeal appellate-jurisdiction circuit-split civil-procedure dismissal finality finality-doctrine judicial-procedure microsoft-baker-precedent microsoft-corp-v-baker without-prejudice without-prejudice-dismissal 1. Whether the mere using of the word "dismissed" is enough to make an order final within the meaning of 28 U.S.C. 1291, where the without prejudice d…
20-5880 Deepak Deshpande v. United States Eleventh Circuit 2020-10-01 Denied Response WaivedIFP appeal appellate-review civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction meaningful-access statutory-interpretation transcript 1. an statutorily On instad they acquind bypothetinal jurisdiction. 2. convictien have @right to control dfense and right to Casist in Ocon dleeose 9…
20-5861 Alijah Jaquez Mitchell v. United States Fourth Circuit 2020-09-30 Denied Response WaivedIFP appeal crime-of-violence criminal-law federal-criminal-law federal-jurisdiction hobbs-act sentencing sentencing-enhancement statutory-interpretation violent-crime weapons-offense IS A HOBBS ACT ROBBERY A CRIME OF VIOLENCE FOR PURPOSES OF 18 U.S.C. § 924(c)?
20-5740 Edward Mahan v. United States Fifth Circuit 2020-09-17 Denied Response WaivedIFP 18-USC-3553a appeal criminal-procedure downward-adjustment drug-offense due-process government-misconduct plea-agreement safety-valve sentencing sentencing-guidelines DID THE DISTRICT COURT ERR BY ALLOWING THE GOVERNMENT TO VIOLATE THE PLEA AGREEMENT? DID THE DISTRICT COURT ERR BY DENYING MR. MAHAN'S OBJECTION TO T…
20-5661 Monty Marcellus Shelton v. United States Fifth Circuit 2020-09-11 Denied Response WaivedIFP access-to-courts appeal civil-procedure due-process in-forma-pauperis standing Question not identified.
20-258 Alvin E. Medina v. Federal Aviation Administration Federal Circuit 2020-09-01 Denied Response Waived appeal appeal-rights arbitration arbitration-decision civil-procedure due-process equitable-tolling judicial-review notice notice-of-appeal pro-se pro-se-litigant Alvin E Medina, the Petitioners, request this Petition for Writ of Certiorari be granted given the salient issue equitable tolling, and the constituti…
20-5461 Jose Camilo v. New Jersey State Parole Board New Jersey 2020-08-28 Denied IFP appeal appellate-review civil-rights constitutional-violation due-process extended-term parole parole-board retaliation retaliatory-action sentencing THE PETITIONER, CONTENDS THAT His CASE IS VERY SIMILAR. TO TRANTINO V. STATE OF N.S. _ PAROLE BOARD. AFTER HAVING SERVED THE PUNIT IVE ASPECTS OF HIS …
20-5533 Gayle McNamara v. United States First Circuit 2020-08-27 Denied Response WaivedIFP appeal appellate-review criminal-history district-court-error downward-variance judicial-discretion offense-level sentencing-guidelines standard-of-review A defendant who has shown that the district court mistakenly deemed applicable an incorrect, higher Guidelines range has demonstrated a reasonable pro…
20-5524 Ranau D. Johnson v. Ohio Ohio 2020-08-26 Denied Response WaivedIFP appeal appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel ohio-appellate-rule sixth-amendment unit-of-prosecution Can the State Court deprive the Appellant the fundamental right to effective assistance of Appellate Counsel by denying an Appellant/Defendant the opp…
20-5467 Carlos Michael Lopez v. Texas Texas 2020-08-24 Denied IFP adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process garza-v-idaho inherent-powers sua-sponte-dismissal waiver Garza v. Idaho, 139 S. Ct. 738, 749-50 (2019), holds that a defense attorney offends the Constitution by failing to file a notice of appeal upon the c…
20-5446 Jin H. Zheng v. United States Seventh Circuit 2020-08-21 Denied Response WaivedIFP appeal appellate-review circuit-court-procedure civil-procedure interlocutory-appeal jurisdiction jurisdictional-challenge motion-for-new-trial precedent standing supreme-court-certiorari uniformity Jurisdiction of an appeal of an interlocutory order has previously been granted the Government (in a separate case) by the Seventh Circuit. Petitioner…
20-5388 Michael J. Buck v. Texas Texas 2020-08-18 Denied Response WaivedIFP adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process inherent-powers sua-sponte sua-sponte-dismissal waiver 1. Does due process require courts to "treat at least some claims as unwaiveable" on appeal? See Garza, 139 S. Ct. at 145. 2. Does due process guaran…
20-5355 Eddie David Cox v. United States Eighth Circuit 2020-08-14 Denied Response RequestedResponse WaivedRelisted (3)IFP appeal circuit-split constitutional-law criminal-procedure double-jeopardy due-process resentencing sentencing Whether the Double Jeopardy Clause bars resentencing on counts for sentences a defendant has already served?
20-5356 Jabarr Ryeheine Rudolph v. United States Fourth Circuit 2020-08-14 Dismissed Response WaivedIFP acceptance-of-responsibility appeal cocaine-base criminal-appeal criminal-procedure drug-weight due-process obstruction-of-justice sentencing-guidelines standard-of-review I. WHETHER THE CIRCUIT COURT OF APPEALS ERRED IN THE ASSESSMENT OF A TWO POINT ENHANCEMENT AGAINST THE APPELLANT JABARR RUDOLPH FOR OBSTRUCTION OF JUS…
20-5237 Kenneth Lee Manhard v. Florida Florida 2020-08-03 Denied Response WaivedIFP appeal collision-liability criminal-procedure due-process equal-protection license-suspension miranda-rights sentencing vehicular-manslaughter (1) Was he denied equal protection of the law ?
20-5006 Manuel Olivas-Guevara v. United States Fifth Circuit 2020-07-09 Denied Response WaivedIFP abduction appeal appeal-timeliness base-offense-level civil-procedure dismissal district-court jurisdiction robbery sentencing-guidelines standing timeliness 1) DID THE PANEL ERR BY DISMISSING THE APPEAL FOR TIMELINESS? 2) DID THE DISTRICT COURT ERR BY AFFIRMING THE DISTRICT COURT'S DECISION TO INCREASE MI…
19-8886 Jon Edward Erickson v. Thomas E. Collins, Judge, Superior Court of Arizona, Cochise County, et al. Arizona 2020-07-01 Denied Relisted (2)IFP 5th-amendment 6th-amendment appeal appellate-review constitutional-rights criminal-procedure double-jeopardy due-process trial-record trial-records Question One Did the trial court error in violating the petitioner's 5th and 14th Amendment rights to appeal the petitioner's first conviction, by fai…
19-8852 Madhu Sameer v. Sameer Khera California 2020-06-29 Denied Relisted (2)IFP appeal appellate-procedure civil-procedure civil-rights document-access due-process judicial-misconduct section-1983 standing transcript transcript-denial Whether dismissal of appeal for refusal of the lower courts to provide designated records and transcripts for appeal is unconstitutional, and constitu…
19-1432 Charles Rainer Sinek v. United States Second Circuit 2020-06-29 Denied Response Waived appeal criminal-procedure due-process federal-rules-of-criminal-procedure jury-instructions prejudice rule-30 summation When a district court violates Fed. R. Crim. P. 30 and delivers a jury instruction different than what the parties were told to expect, must a defenda…
19-8663 Tesa Keith v. United States Fifth Circuit 2020-06-10 Denied Response WaivedIFP appeal criminal-statute facial-challenge federal-courts federal-law plea-agreement procedural-challenge waiver Whether facial challenges to a federal criminal statute may be waived by plea agreement?
19-8625 Dedric Davis v. Florida Florida 2020-06-05 Denied IFP appeal criminal-procedure double-jeopardy due-process judgment-of-acquittal legal-standard motion petitioner standard-of-review sufficiency-of-evidence trial-court WHETHER THE TRIAL COURT ERRED IN NOT GRANTING PETITIONER'S MOTION FOR JUDGMENT OF ACQUITTAL
19-8559 Christopher Scott Jepsen v. United States Eighth Circuit 2020-05-29 Denied Response WaivedIFP appeal appellate-review child-pornography criminal-law due-process federal-conviction prior-judgment sentencing sentencing-enhancement void-judgment Whether the United States Court of Appeals for the Eighth Circuit erred by concluding that Mr. Jepsen was subject to an enhanced sentence for his fede…
19-1320 Veronica M. Johnson v. Rock Solid Janitorial, Inc., et al. Virginia 2020-05-29 Denied appeal civil-case civil-procedure civil-rights constitutional-violation de-novo-review due-process judicial-procedure jury-trial motion-to-dismiss remand standing Whether the second Judge who presided in Plaintiffs civil case violated the Constitution by denying Plaintiffs demand for a jury trial, again, after t…
19-1251 Arthur O. Armstrong v. School District of Philadelphia, et al. Third Circuit 2020-04-28 Denied 14th-amendment access-to-courts appeal appeals civil-rights constitutional-violation discrimination due-process employment equal-protection equal-protection-clause fourteenth-amendment official-discrimination school-district Whether School District of Philadelphia discharged the petitioner from his teaching position without due process of law when respondent denied the pet…
19-8305 Kinsley Ononuju v. Virginia Virginia 2020-04-19 Rehearing Relisted (2)IFP appeal appellate-review constitutional-rights criminal-procedure due-process equal-protection indigence indigent-defendant transcript transcript-cost On Equal Protection Clause; Whether Supreme Court of Virginia erred in refusing to find any unconstitutionality in VA Code § 19.2-165 that only mandat…
19-8170 Joe Robert Reynolds v. North Carolina North Carolina 2020-04-02 Denied IFP appeal civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance post-conviction-relief sentencing Question not identified.
19-1183 Odyssey Contracting Corp. v. L & L Painting Co., Inc. Third Circuit 2020-03-30 Denied Response Waived -appeal-waiver -judicial-interpretation -procedural-waiver -stipulation-rights -third-circuit-ruling #NAME? appeal appeal-right civil-procedure consent-judgment final-judgment standing third-circuit thomsen-v-cayser united-states-v-procter-gamble waiver 1. Whether a stipulation that is not a consent judgment and simply establishes a mechanism under which the district court will resolve certain claims,…
19-8129 Charles Ben Bounds v. United States Fifth Circuit 2020-03-27 Denied Response WaivedIFP appeal bounds-case court-of-appeals criminal-appeal criminal-procedure due-process fifth-circuit jurisdiction legal-review sentence-enhancement sentencing statutory-interpretation (1) Whether the Fifth Circuit Court of Appeals erred in affirming the application of Obstruction-of-Justice Sentence Enhancement in United States of A…
19-8052 Mohamed A. Almahmmody v. Tennessee Tennessee 2020-03-20 Denied Response WaivedIFP the legal issue being raised appears to be: appeal court-appointed-counsel criminal-appeal criminal-procedure due-process in-forma-pauperis indigency indigent-defendant pro-bono-representation right-to-counsel transcript trial-transcript Question not identified.
19-8016 Jaime Vega, aka Jimmy Johnson v. United States Ninth Circuit 2020-03-18 Denied Response WaivedIFP appeal appeals criminal-procedure district-court due-process revocation-sentence sentencing sentencing-guidelines statutory-interpretation supervised-release To what extent does 18 U.S.C. § 3553 require a district court to specifically state the reasons for imposing a revocation sentence above the guideline…
19-8019 Efrain Sifuentes v. United States Fifth Circuit 2020-03-17 Denied Response WaivedIFP resulting in an unreasonable sentence appeal appellate-review criminal-procedure district-court fifth-circuit sentencing-guidelines unreasonable-sentence 1. Did the United States Court of Appeals for the Fifth Circuit improperly condone the District Court's error in applying the United States Sentencing…
19-7993 Thomas Victor Sway v. United States Eleventh Circuit 2020-03-13 Denied Response WaivedIFP appeal appellate-review certificate-of-appealability conclusory-order conflict-of-interest discretionary-review due-process equitable-tolling precedent procedural-due-process standard-of-review strickland-standard When denial of COA was made in conlusory order without any precendent to rely on and there exists no sufficient basis for appellant court to review,…
19-7970 Shawnte L. Shade v. Rusty Washburn, Warden Sixth Circuit 2020-03-12 Denied Response WaivedIFP appeal appellate-review civil-procedure due-process equitable-tolling habeas-corpus holland-v-florida ineffective-assistance ineffective-assistance-of-counsel plea-unconstitutionality statute-of-limitations I. Whether the Petitioner's statute of limitation was equitably tolled under Holland v. Florida, 560 U.S. 631 (2010) in excusing his 92-day delay. II…
19-7973 Quincy Chisolm v. Maryland Maryland 2020-03-12 Denied IFP appeal civil-rights conspiracy conviction criminal-procedure due-process first-degree-murder judicial-discretion mitigating-circumstances murder sentencing trial-court-error in s4/'6'cx-f -fAc_ -fhoAaf £&n 5p*ro-ci>j -fo nouirMr ^ 6>/n/nf4- murder ir\ */Ae fiirs^ deyrc-e, ' cm^Un -b •lUyJ WWe./* -/-Ac- dnio.1 ^oo>rt err //…
19-7912 Ali Mehdipour v. Keith Sweeney, et al. Tenth Circuit 2020-03-11 Denied Response WaivedIFP appeal appellate-jurisdiction civil-procedure court-filing dismissal erroneous-ruling fruit-of-the-poisonous-tree judicial-review legal-timeliness prejudice procedural-error review statute-of-limitations timeliness 1. Does a fruit-of-a-poisonous-tree follow from an initial erroneous ruling on timeliness of filing the initial complaint follow through subsequent ru…
19-7926 Lin Ouyang v. Achem Industry America, Inc. California 2020-03-10 Denied IFP civil-procedure fraud misconduct oral-argument standing appeal appellate-procedure attorney-misconduct civil-procedure due-process fraud fraud-upon-court judicial-misconduct oral-argument standing Where rules of the court provides that oral argume Whether refusal of California Court of Appeal to vacate a judgment procured by fraud upon the court violated the right to due process of law of the pa…
19-7930 Roderick Pearson v. United States Eleventh Circuit 2020-03-10 Denied Response WaivedIFP appeal appellate-procedure criminal-justice-reform criminal-law criminal-sentencing due-process finality first-step-act judicial-review retroactivity sentencing statutory-interpretation Whether certiorari should be granted in order to vacate the decision below and remand to the Eleventh Circuit to consider whether § 403 of the First S…
19-7939 Robert James Pope, Jr. v. Wisconsin Wisconsin 2020-03-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right…
19-7911 Thomas William Cornelius, Jr. v. United States Ninth Circuit 2020-03-09 Denied Response WaivedIFP 2255-motion 28-usc-2255 appeal criminal-procedure defendant-rights due-process habeas-corpus physical-presence right-to-be-present sentencing With respect to a defendant who does not waive his right to be physically present during a re-sentencing hearing, held pursuant to a stipulated resolu…
19-7888 Josephine Banks v. Waffle House, Inc. Georgia 2020-03-05 Denied IFP appeal appellate-rights civil-procedure constitutional-rights court-procedure denial-of-appeal due-process in-forma-pauperis judicial-error legal-document notice-of-appeal procedural-justice record standing When a lower court overlooks a required legal document that is in the record, fails to correct their error and proceeds to deny a litigant the right t…
19-7854 Howronda Overstreet v. United States Eleventh Circuit 2020-03-03 Denied Response WaivedIFP appeal criminal-procedure Did Ms. Overstreet's waiver of appeal unenforceabl Did the district court commit plain error when it due-process guidelines guidelines-calculation plain-error plea-bargaining sentencing sentencing-guidelines waiver QUESTION 1: DID MS. OVERSTREET PRESERVE HER RIGHT TO APPEAL THE DISTRICT COURT'S INAPPLICABLE GUIDELINES CALCULATION ? QUESTION 2: WAS MS. OVERSTR…
19-7804 Ramon F. Flores v. United States Sixth Circuit 2020-02-27 Denied Response WaivedIFP 18-usc-3582 appeal criminal-procedure drug-quantity guideline-range guidelines procedural-bar sentence-reduction sentencing sentencing-amendment In a sentence reduction application matter pursuant to 1 8 U.S.C. § 3582(c)(2) under Amendment 782,to the Sentencing Guidelines, if a defendant object…
19-1060 Victor Thomas v. New York New York 2020-02-26 Denied Amici (2)Response Waived appeal appellate-jurisdiction criminal-defendant criminal-procedure garza-v-idaho jurisdiction right-to-counsel sixth-amendment supreme-court-precedent waiver waiver-of-appeal Whether a provision in a waiver of appeal that forbids a criminal defendant from filing a notice of appeal, and in so doing also strips superior court…
19-1052 Andre G. Dewberry v. United States Eighth Circuit 2020-02-24 Denied appeal appellate-review criminal-procedure guilty-plea self-representation sixth-amendment waiver Whether a guilty plea waives a challenge on appeal to the denial of a defendant's Sixth Amendment right to represent himself.
19-7758 Lin Ouyang v. Achem Industry America, Inc. California 2020-02-24 Denied Response WaivedIFP 14th-amendment appeal civil-procedure civil-rights court-appointed-counsel criminal-appeal criminal-procedure due-process equal-protection equal-protection-clause fourth-amendment indigent-defendant indigent-rights misdemeanor-conviction right-to-counsel Whether the state court's dismissal of the appeal from misdemeanor conviction, despite the lack of assistance of counsel on appeal, violates the Equal…
19-7733 Gustavo Diaz v. United States Fifth Circuit 2020-02-21 Denied Response WaivedIFP appeal appeal-dismissal civil-procedure constitutional-rights dismissal district-court-procedure due-process fifth-amendment pre-sentencing-waiver sentencing substantive-due-process waiver Whether the District Court denied the Petitioner's constitutional right to a substantive due process under the Fifth Amendment by the United States Co…
19-7690 Devell Short v. Superintendent, State Correctional Institution at Greensburg, et al. Third Circuit 2020-02-20 Denied Response WaivedIFP appeal appeal-rights castle-doctrine constitutional-rights due-process fair-trial judicial-misconduct jury jury-contamination jury-misconduct WHETHER A MISCARRIAGE OF JUSTICE OCCURRED, DUE TO A MISTAKE AND BECAUSE OF A BREAKDOWN IN THE JUDICIAL OPERATION OF THE FEDERAL COURTS, WHEN IT FAILE…
19-7712 Luis Ray Jaramillo, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-02-20 Denied IFP appeal appellate-counsel competence due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargain probation probation-revocation prosecutorial-misconduct sixth-amendment trial-counsel 1. Where Petitioner's state-trial court counsel did not pursue Petitioner's wishes, commands, and orders to file a second-perfected-appeal after Petit…
19-7683 Marlon Blacher v. California California 2020-02-18 Denied IFP access-to-courts appeal arbitrarily-denied civil-rights due-process federal-remedy habeas-corpus judicial-discretion resentencing standing state-court-proceedings statutory-interpretation carse /evidantiary haaring af a fetition fon a writ of habaas corpus wherein the prasanted faets include : Marlon Blacher, hereinafter "Patitioner ", …
19-7625 Robert L. Swinton, Jr. v. Florida Florida 2020-02-12 Rehearing Response WaivedRelisted (2)IFP appeal constitutional-rights criminal-procedure criminal-procedure-appeal due-process ineffective-assistance-of-counsel right-to-counsel sentencing sentencing-errors sentencing-guidelines sixth-amendment structural-error (1) Is it structural error when sentencing errors were corrected by appeals court on direct appeal without defense counsel, and a constitutional denia…
19-7644 George Jones v. Cindy Griffith, Warden Eighth Circuit 2020-02-12 Denied Response WaivedRelisted (2)IFP abuse-of-discretion alford-plea appeal credibility direct-appeal expert-witness expert-witness-credibility ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies prejudice sentencing-discrepancy trial-court-discretion 1. Has prejudice been shown where defense counsel fails to investigate the credibility of the Defense's expert witness, causing said expert witness …
19-993 Irma Rosas v. Austin Independent School District, et al. Fifth Circuit 2020-02-07 Denied appeal appellate-procedure civil-procedure court-procedure dismissal due-process federal-rules federal-rules-of-appellate-procedure judicial-discretion legal-interpretation motion-to-reopen (1) WHETHER THE LOWER COURT ERRED IN DISMISSING PETITIONER'S CLAIMS WHEN IT DENIED HER MOTION TO REOPEN HER APPEAL, CONTRARY TO FEDERAL RULE OF APPELL…
19-7585 Jerry Ellis, aka Jerry Leonard Ellis v. Noel Barlow-Hurst, Warden Ninth Circuit 2020-02-06 Denied Response WaivedIFP appeal appellate-review civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-standard post-conviction standard-of-review standing trial-procedure OTD THE UNITEO STATES COURT OF APPEALS FOR THE NINTH CIRCUZTEARORBYDEJIEING THE APDELANT MR(EUIS) A CERTIFICATE OF APDEAUABICZTY 2. OID THE UNTITEO S…
19-7537 Donald Alexander Spice v. Michigan Michigan 2020-02-05 Denied IFP appeal court-access due-process equal-protection fourteenth-amendment indigent-defendant indigent-defendants transcript transcript-access transcripts QUESTION I WHETHER ICR S.433(C) <3) IS UNCONSTTIOTTONAL AS IT VIOLATES THE EQUAL PROTECTION M© DUE PROCESS CLAUSE OP THE FOURTEENTH AMENDME3ST AND T…
19-965 Kenin L. Edwards v. Michael L. Atterberry, et al. Illinois 2020-02-03 Denied Response Waived administrative-law appeal conviction criminal-jurisdiction due-process illinois-supreme-court jurisdictional-challenge sentencing Whether it is a violation of due process for the Illinois Supreme Court, after being fully advised in the premises, to abstain from addressing whether…
19-7490 Omar Ernesto Hernandez v. United States Ninth Circuit 2020-01-30 Denied Response WaivedIFP 4th-amendment appeal conclusory-statements criminal-procedure fourth-amendment human-smuggling investigatory-stop law-enforcement law-enforcement-database reasonable-suspicion Whether, in determining that there was reasonable suspicion for an investigatory stop, the district court and Ninth Circuit erred by relying on factua…
19-7475 Douglas Edwin Ball, Jr. v. Michigan Michigan 2020-01-29 Denied IFP 14th-amendment appeal civil-rights conviction dna-evidence due-process evidence insufficient-evidence jury jury-instructions unanimous-verdict % - '^eTxTXctJEE' ? Dkt T&cceiz? iZx&Hvz uvfrsF- The Tv\>FTetoJTH 4^fwMiSvr hbf'E\ZXoC4TtO B>ECAr 1/5£T -Z~5 -2^W (p<s>5'5jr&^£' TO TAETFRM^tj & IaJH…
19-7365 Tyrone Terrance Roberts v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-01-24 Denied Response WaivedIFP appeal appellate-review constitutional-rights criminal-procedure due-process federal-habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-procedure post-conviction-relief standard-of-review HAS THE LOWER TRIBUNAL COURT IN INDIAN RIVER COUNTY, THE FOURTH DISTRICT COURT OF APPEAL IN THE STATE OF FLORIDA AND THE ELEVENTH CIRCUIT COURT OF APP…
19-7377 Gerald Adger v. New York New York 2020-01-23 Denied Response WaivedIFP 6th-amendment appeal appellate-counsel conflict-of-interest criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-argument procedural-error right-to-counsel trial-counsel weight-of-evidence 1. WAS THE APPELLATE ATTORNEY DAVID R. JUERGENS INEFFECTIVE ASSISTANCE OF COUNSEL FOR NOT RAISING ANY LEGAL ARGUMENT AGAINST THE WEIGHT OF EVIDENCE? …
19-7383 Parnell May v. Arkansas Arkansas 2020-01-23 Denied Response WaivedRelisted (2)IFP appeal civil-procedure constitutional-rights due-process judicial-conduct legal-procedure motion-for-new-trial motion-procedure standing trial-court Did the trial Court embarked on A Course Set to Provoke A Mistrial, by the trial Court embodying on A Course, that was the Public defenders that the t…
19-7395 Jean Crump v. United States, et al. Ninth Circuit 2020-01-23 Denied Response WaivedIFP appeal criminal-procedure due-process equal-protection false-arrest grand-jury-testimony ineffective-assistance-of-counsel ineffective-counsel judicial-bias prosecutorial-misconduct racial-bias racial-discrimination 1. This is my second trial. At least five federal attorneys advised my new new attorney Dana Cephas, that Judge William Keller was a racist and he esp…
19-920 Boulder Young, aka Boulder Daniel McManigal v. United States Eighth Circuit 2020-01-23 Denied Response Waived appeal appeal-waiver circuit-split criminal-procedure due-process harmless-error judicial-discretion plea-bargaining plea-hearing sentencing waiver Whether the waiver of a right to appeal a judgment of conviction is controlled by the defendant's written waiver or the oral pronouncement of the cour…
19-7331 Lavorice Dondrell Cunningham v. United States Fifth Circuit 2020-01-17 Denied Response WaivedIFP appeal appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion legal-standard pending-resolution remand sentencing sentencing-guidelines standard-of-review substantive-reasonableness 1. What is the appropriate standard for the determination of substantive reasonableness claim? SUB SIDIARY QUESTI ON: Whether the Court should hold t…
19-7276 Ketut Pujayasa v. United States Eleventh Circuit 2020-01-15 Denied Response WaivedIFP appeal appellate-procedure appellate-review civil-procedure civil-procedure-rules due-process judicial-discretion prejudice prisoner prisoner-litigation prisoner-rights pro-se pro-se-litigant rule-4a6 time-limitation timeliness Did the District court and Appellate Court err in concluding that Mr. Pujayasa's Motion to Re-Open Time to File Appeal (6) motion, which was sent on F…
19-7219 Jonathan Canales v. Florida Florida 2020-01-08 Denied IFP civil-procedure constitutional-law due-process jurisdiction standing statutory-interpretation appeal civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel Question not identified.
19-7190 Ernesto Benavides Jr. v. Texas Texas 2020-01-07 Denied IFP appeal collateral-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pretrial-motion right-to-appeal sixth-amendment suppression-of-evidence 1. Have davied viaht +a moaninaful appeal of his mation to Suppress owidenck, under Dackson v. Denne 378 U8. 208 (1904), that oceuved prior trial ? 2…
19-7182 Cirilo Mancilla Lopez v. United States Fifth Circuit 2020-01-06 Denied IFP appeal appellate-review criminal-procedure due-process legal-objection preservation-of-error sentencing-guidelines sentencing-review standard-of-review substantive-unreasonableness 1. Whether claims of substantive unreasonableness must be preserved by specific objection? SUB SIDIARY QUESTI ON: Whether the Court should hold the c…
19-7160 Ernest J. Espinoza v. Matt A. Ashe, et al. Ninth Circuit 2020-01-02 Denied IFP civil-procedure due-process free-speech patent. standing takings appeal case-statement civil-procedure constitutional-provisions due-process filing-deadlines jurisdiction standing statutory-interpretation statutory-provisions supreme-court writ-petition Question not identified.
19-833 In Re Philippe Buhannic 2020-01-02 Denied Response Waived appeal bias civil-rights constitutional-rights corruption due-process judicial-bias pro-se-litigant right-to-appeal standing state-appeal-courts Whether the state appeal courts have the right based on an obvious prejudice and bias to refuse due process to a foreign pro se litigant. The denial i…
19-834 In Re Philippe Buhannic 2020-01-02 Denied Response Waived appeal appellate-review constitutional-rights due-process foreign-litigant judicial-bias legal-discrimination pro-se pro-se-litigant state-courts Whether the state courts, have the right based on an obvious prejudice and bias to refuse due process to a foreign Pro se litigant. The denial is so o…
19-7109 J'Veil Outing v. Miguel A. Cardona, Commissioner, Connecticut Department of Correction Connecticut 2019-12-31 Denied Response WaivedIFP appeal appellate-record due-process expert-testimony eyewitness-identification eyewitness-testimony ineffective-assistance precedent right-to-counsel sixth-amendment I. WHETHER ASSIGNED COUNSEL VIOLATED THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO COUNSEL AND HIS RIGHT TO DUE PROCESS BY FAILING TO PRESERVE FOR APPEAL A…
19-7126 Ronald Damon v. United States Third Circuit 2019-12-31 Denied Response WaivedIFP 18-usc-3583 5th-amendment appeal appellate-waiver circuit-split due-process due-process-clause plea-agreement post-conviction-waiver sentencing supervised-release Whether an appellate and post-conviction waiver in a plea agreement barring challenges to the "sentence imposed" precludes an appeal of the denial of …
19-7136 Karen Lynn McClaflin v. United States Tenth Circuit 2019-12-31 Denied Response WaivedIFP affidavit appeal appellate-procedure cja-appointment counsel-appointment criminal-justice-act criminal-justice-act-1964 criminal-procedure due-process fee-waiver in-forma-pauperis prosecutorial-misconduct sentencing standing writ-of-certiorari Question not identified.
19-7090 Warren Evans, Jr. v. United States Fourth Circuit 2019-12-30 Denied Response WaivedIFP appeal appellate-procedure attorneys-fees copyright-law copyright-registration effective-assistance effective-assistance-of-counsel federal-rules-of-appellate-procedure flores-ortega 19-708" ineffective-assistance-of-counsel infringement notice-of-appeal publication-status registration-accuracy right-to-counsel roe-v-flores-ortega sixth-amendment Whether a court can invalidate a copyright registr 1. Whether application of the deadline for filing a Notice of Appeal under the Federal Rules of Appellate Procedure violates the appellant's right to …
19-7047 In Re Antwoyn Spencer 2019-12-23 Denied Response WaivedRelisted (2)IFP appeal civil-rights criminal-procedure due-process pro-se sentencing Whether Appellant was deprived of his civil right of personal liberty against law contrary to the Constitution and Laws of the United States.
19-7050 In Re Charlene Rosa 2019-12-23 Denied IFP appeal civil-rights constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel judicial-review sanctions statutory-interpretation witness-testimony Wter the Foh ct con pel bue i 1. discretion in sanction the petitioner Whether the Founth OcH Erceed it Authonty in sancion The petitioner. A Disco…
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 because of the Waiver of Appeal provision in…
19-7044 Darmarcus Fisher v. United States Fifth Circuit 2019-12-20 Denied Response WaivedIFP aggravated-assault appeal appellate-review criminal-procedure criminal-sentencing district-court due-process fifth-circuit procedural-reasonableness sentencing sentencing-enhancement sentencing-guidelines standard-of-review substantive-reasonableness Whether the district court imposed a substantively unreasonable sentence and erred by imposing a 4-level enhancement for aggravated assault.
19-7009 Daniel Rosario-Gonzalez v. United States First Circuit 2019-12-19 Denied Response WaivedIFP appeal appellate-review case-disposition civil-procedure dismissal dismissal-with-prejudice district-court judicial-authority jurisdiction prejudice procedural-error standing subject-matter-jurisdiction WHETHER A DISTRICT COURT WHICH HAD NO JURISDICTION OVER A CASE DISMISS IT WITH PREJUDICE AND, WHETHER AN APPEAL COURT AFFIRM THAT DISMISSAL WITH PREJU…
19-6946 In Re Michael Curtis Reynolds 2019-12-17 Denied IFP actual-innocence appeal civil-rights civil-rights,due-process,criminal-procedure,senten constitutional-void criminal-appeal due-process federal-procedure habeas-corpus remand statutory-interpretation vagueness void-for-vagueness 1) DOES Diruaya , 138 S.Ct. 1204 (2018), when the Petitioner was on Direct appeal of his 18 U.S.C. §I6(b) Unconstitutional and void argument under Vi…
19-775 In Re Philippe Buhannic 2019-12-17 Denied Response Waived access-to-courts appeal appeal-rights bias constitution constitutional-rights due-process due-process-clause-of-the-14th-amendment equal-protection federal-court foreign-litigant judicial-bias prejudice pro-se-litigant pro-se-representation Whether the Federal court has the right based on an obvious prejudice and bias to refuse due process to a foreign pro se litigant. The denial is so ob…
19-6929 Steven D. Lisle, Jr. v. James Diercks, et al. Seventh Circuit 2019-12-13 Denied Response WaivedIFP appeal civil-procedure district-court due-process notice standing appeal civil-procedure civil-rights due-process jurisdiction standing Court of Appeals Deprived Petitioner of His Future Income In A Fraudulent Manner
19-6911 Father v. Texas Department of Family and Protective Services Texas 2019-12-12 Denied IFP 14th-amendment appeal appellate-review burden-of-proof due-process evidence evidence-standard fourteenth-amendment texas-constitution Does Article V, Section 6 of the Texas Constitution violate Due Process Clause of the Fourteenth Amendment of the U.S. Constitution when it s distinct…
19-6912 David Abara v. Jack Palmer, Warden, et al. Ninth Circuit 2019-12-12 Denied Response WaivedIFP appeal competency competency-exam criminal-procedure faretta-canvass irreconcilable-conflict right-to-counsel self-representation sixth-amendment trial-court SHOULD THIS COURT ADDRESS, IN QUESTION OF FIRST-IMPRESSION, WHETHER IT VIOLATES THE SIXTH AMENDMENT RIGHT TO COUNSEL FOR A TRIAL COURT TO FORCE A DEFE…
19-6836 Therian Wimbush v. Willie Sue Mickens, Warden Georgia 2019-12-04 Denied Response WaivedRelisted (2)IFP appeal civil-rights court-appeal-procedure criminal-procedure due-process habeas-corpus judicial-review jurisdiction jurisdictional-challenge speedy-trial standing Question not identified.
19-6799 Aamir A. Hafiz-Thompson v. United States Eighth Circuit 2019-12-03 Denied Response WaivedIFP acca appeal certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel precedent sentencing supreme-court-precedent 1. Nationally, where counsel admittingly is inaccurate, misinforms and fails, to. make specific inquiry regarding Petitioner's prior predicates (ACCA)…
19-6802 Gary Jackson v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-12-03 Denied Response WaivedIFP appeal civil-rights constitutional-rights criminal-procedure due-process identification identification-process judicial-circuit jurisdiction precedent sentencing standing supreme-court supreme-court-precedent 1) Did the State of Florida within the Seventeenth Judicial Circuit Court in and Broward County, Florida and the Fourth District Court of Appeal as we…
19-6806 Anthony J. Stokes v. Florida Florida 2019-12-03 Denied Response WaivedIFP appeal civil-rights constitutional-review criminal-procedure criminal-prosecution double-jeopardy due-process felony jurisdictional-conflict military-law predicate-felony sentencing sentencing-guidelines statutory-interpretation trial-modification I. WHETHER A CONVICTION ON A CHARGE CONTAINING AN ESSENTIAL ELEMENT NOT CHARGED IN THE INFORMATION IS A "DUE PROCESS" VIOLATION. II. WHETHER THE DOUB…
19-6782 Adrienne Mallard v. Next Day Temps, et al. Virginia 2019-11-29 Denied Relisted (2)IFP administrative-law administrative-procedure appeal appeals civil-procedure court-appeal court-orders discovery document-withholding due-process evidence evidence-disclosure judicial-review workers-compensation I. The Court of Appeals of Virginia (CAVA) request all documents from Virginia Workers' Compensation Commission on my appeal. VAWCC withheld sixty-nin…
19-684 Darrell Saunders, et ux. v. Deutsche Bank National Trust Company Virginia 2019-11-27 Denied Response Waived appeal article-xiv civil-procedure commercial-carrier constitutional-rights due-process legal-procedure mail-delivery When an individual follows the rules of the Court in mailing an Appeal, but due to the policies of the 3rd party Commercial Mail Carrier, the delivery…
19-6762 Fred Martin Wimberley v. Rachel M. Sacramento Ninth Circuit 2019-11-26 Denied Relisted (2)IFP appeal civil-procedure civil-rights court due-process patent standing takings No-f-<3 wi-e -c 3 J us'fv &zs o-f ■f/i-c Uhi'fcccl Sfcrhzs Ci h cui'f ls~, 'tV/ri'-J' a Cfeab cof Co(Jb-\r Of-Apjo Caye qsW a|/. 2 s^c h-c<x a v-e. V'…
19-678 United States, ex rel. Laurence Schneider v. JPMorgan Chase Bank, National Association, et al. District of Columbia 2019-11-26 Denied administrative-law appeal circuit-split civil-procedure criminal-procedure due-process false-claims-act false-claims-act-fca-qui-tam-government-deference- government-dismissal habeas-corpus Ineffective-assistance-of-counsel judicial-deference qui-tam sentencing standard-of-review statutory-interpretation Whether the Government is entitled to absolute deference regarding its decision to dismiss an FCA action under section 3730(c)(2)(A), or whether the q…
19-6617 Melissa Morton v. United States Ninth Circuit 2019-11-14 Denied Response WaivedIFP appeal appellate-review circuit-split criminal-procedure-waiver due-process inter-circuit-conflict intra-circuit-conflict jury-instruction jury-instructions legal-procedure right-relinquishment right-to-appeal waiver Whether a defendant waives his right to challenge a jury instruction on appeal if he proposed the instruction below, even if the record contains no ev…
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 1. Did the government waive its right to appeal the defendant's sentence when it expressly agreed that the defendant would be free to argue for a belo…
19-6620 John Kevin Waldrip v. United States Fifth Circuit 2019-11-13 Denied Response WaivedIFP appeal criminal-procedure federal-law federal-sentencing-guidelines federal-statute fifth-circuit judicial-review sentencing sentencing-guidelines special-assessments statutory-interpretation supervised-release I. In a consolidated Appeal JOHN KEVIN WALDRIP argued that the district court erroneously applied 18 U.S.C. § 3014 when it imposed a total of $15,000 …
19-605 Arizona v. Philip John Martin Arizona 2019-11-12 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) appeal criminal-appeal double-jeopardy first-degree-murder greater-offense hung-jury hung-jury-rule jury-instructions jury-verdict lesser-offense richardson-v-united-states second-degree-murder In Green v. United States , the Court held that the Double Jeopardy Clause barred retrial of a greater offense when the jury's "verdict was silent" on…
19-6547 Kevin Sterling v. United States Second Circuit 2019-11-08 Denied Response WaivedIFP affirmance appeal appointed-counsel cja-18-usc-3006 criminal-justice-act criminal-procedure due-process fed-r-crim-p-44 federal-rules-criminal-procedure gideon-v-wainwright inability-to-pay legal-representation right-to-counsel writ-of-certiorari Whether defendant should have been appointed counsel too assist him in filing a writ of Certiorari, pursuant to the CJA 18 U,S.C, § 3006.. . and FED,…
19-6444 Jermaine D. Harris v. Stephen T. Moyer, Secretary, Maryland Department of Public Safety and Correctional Services, et al. Fourth Circuit 2019-10-30 Denied Response WaivedRelisted (2)IFP aiding-and-abetting appeal cell-phone-technology cell-tower-testimony criminal-procedure cumulative-effect due-process fifth-amendment fifth-amendment-privilege habeas-corpus ineffective-assistance legally-inconsistent-verdicts sixth-amendment strickland-v-washington 1) Did the Court of Appeals err in denying a certificate of appealability on Petitioner 's claim that his trial counsel was constitutionally ineffec…
19-6422 Calvin Dunell Burns v. Florida Florida 2019-10-29 Denied IFP appeal appellate-review civil-rights competency constitutional-violations due-process evidence legal-procedure mental-competency mental-health standing trial-counsel trial-procedure 1). why didn't the First District Court oF Appeals, State of Florida, rule fairly in the Petitioner's Direct Appeal on the merits of the issues in the…
19-6374 Kim Moss v. Michigan Michigan 2019-10-25 Denied IFP appeal appeal-of-right appellate-procedure consolidation constitutional-rights constitutional-rights-to-appeal constitutional-violation due-process ineffective-assistance-of-counsel procedural-delay right-to-appeal state-court-procedures state-procedures trial-court-error This case arise where Petitioner lost his Appeal 0^ Right do to Ineffective Assistance of Appellate Counsel and once it was determine by the State Cou…
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 1. Whether, consistent with the Due Process Clause, a defendant can knowingly waive the right to appeal his sentence when his purported waiver occurs …
19-6342 Michael Shavers v. Lavern Sharp, Deputy Warden, et al. Sixth Circuit 2019-10-23 Denied Response WaivedIFP appeal appeals civil-procedure civil-rights constitutional-claims due-process excessive-force excessive-use-of-force prisoner-rights standing summary-judgment WHETHER PLAINTIFF IS ENTITLED TO RELIEF FROM JUDGMENT IN LAWSUIT SHAVERS V. BERGH (EXCESSIVE USE OF FORCE CLAIMS IS DISMISSED ON THE NATURE OF THE SUS…
19-6234 Kelvin Melton v. United States Fourth Circuit 2019-10-15 Denied Response WaivedIFP 5th-amendment 6th-amendment appeal civil-rights constitutional-law criminal-procedure due-process self-representation Whether an appellant has the right to self-representation under the Sixth Amendment or the Due Process Clause of the Fifth Amendment.
19-6248 In Re Warren Parks 2019-10-11 Denied Relisted (2)IFP appeal civil-procedure constitutional-rights court-procedure due-process federal-rules federal-rules-civil-procedure federal-rules-of-civil-procedure sanction-hearing sanctions standing subject-matter-jurisdiction 1. Sanction procedural Prerequisite of F.R.C.P. Federal Rules Civil Procedure, the order of July 05" 2017, NO. 17-2342, William J. Bauer, Richard A. P…
19-6258 In Re Tiran R. Casteel 2019-10-11 Denied Response WaivedIFP appeal appellate-review competency district-court due-process eighth-circuit false-premise legal-competency mental-health restoration retroactive-determination trial trial-procedure Was the Petitioner restored Prior to the November 2009 Trial ?#1 Was the Petitioners Due Process of Law violated by being Tried in Noveirber 2009, wh…
19-6201 Ronn Darnell Sterling v. United States Eleventh Circuit 2019-10-10 Denied Response WaivedIFP appeal bank-robbery constitutional-rights criminal-procedure due-process evidence-admission evidentiary-issues false-evidence improper-cross-examination ineffective-assistance ineffective-assistance-of-counsel prior-conviction-evidence prosecutorial-misconduct Could reasonable jurists disagree whether the District Court's refusal of 28 U.S.C. § 2255 motion before pre-trial trial, and Appellant counsel was co…
19-6216 Maxcium Herring v. L. S. McEwen, Warden Ninth Circuit 2019-10-09 Denied IFP appeal civil-rights constitutional-rights criminal-procedure due-process evidence-admission jury-instructions jury-misconduct sentencing standard-of-review trial-errors waiver If a self represenTed defendanT Taks THE wiTNss sTNd in hiso heR detense whether oNe continves To represent her or himself or whethr The Trial COT mU …
19-6209 John Hudson v. United States Fifth Circuit 2019-10-08 Denied Response WaivedIFP appeal armed-career-criminal-act certificate-of-appealability due-process federal-appellate-procedure johnson-precedent johnson-v-united-states prior-convictions resentencing section-2255 sentencing sentencing-review violent-felony The specific question presented for review is whether the United States Court of Appeals for the Fifth Circuit erred by denying Mr. Hudson a Certifica…
19-6171 Jorge Sanchez-Rodriguez v. Louisiana Louisiana 2019-10-04 Denied IFP appeal appellate-review child-interview criminal-procedure due-process evidence insufficient-evidence judicial-error standard-of-review sufficiency-of-evidence trial-court-error witness-testimony 1. DID THE STATE APPELLATE COURT AND THE LOUISIANA SUPREME COURT ERR IN DENYING PETITIONER 'S APPEAL BECAUSE THE EVIDENCE PRESENTED AT TRIAL WAS INSUF…
19-418 Benoit Brookens v. Patrick Pizzella, Acting Secretary of Labor District of Columbia 2019-09-27 Denied Response Waived appeal civil-rights district-court due-process federal-circuit jurisdiction merit-systems-protection-board mixed-appeal non-discrimination (A) Whether the Federal Circuit has jurisdiction over non-discrimination issues in a mixed appeal filed within 60 days of the decision by the Merit Sy…
19-6078 Terreall McDaniel v. United States Eighth Circuit 2019-09-26 Denied Response RequestedResponse WaivedRelisted (2)IFP 18-usc-924c appeal armed-career-criminal-act circuit-split constitutional-interpretation criminal-law criminal-procedure first-step-act retroactivity sentencing sentencing-enhancement statutory-interpretation I. Does Section 403 of the First Step Act , which dramatically clarifies the applicable penalties for which a defendant may be sentenced for gun rela…
19-401 Lamont Dejuan Higgs v. Warden Wilson Fifth Circuit 2019-09-25 Denied 28-usc-2241 28-usc-2255 appeal appellate-review federal-procedure habeas-corpus saving-clause sentencing sentencing-relief statutory-interpretation Whether the saving clause of 28 U.S.C. § 2255(e) allows defendants to seek relief under 28 U.S.C. § 2241 on the grounds that a subsequent statutory in…
19-375 Lawrence T. Newman v. Robert W. York, as Personal Representative, et al. Indiana 2019-09-20 Denied Response Waived administrative-expense administrative-expenses administrative-law appeal appeal-on-merits civil-procedure constitutional-law constitutional-provisions constitutional-rights due-process estate-administration fourteenth-amendment standing trial-court Whether the refusal of the trial court to hear Newman's administrative expense motions violates the Fourteenth Amendment's Due Process Clause and othe…
19-367 Shambria Necole Smith v. Kansa Technology, L.L.C. Fifth Circuit 2019-09-19 Denied appeal district-court district-court-procedure due-process due-process,jury-tampering,jury-taint,trial-procee evidence-admissibility jury-taint jury-tampering trial-proceedings workers-compensation The testimony presented in the instant matter as well as the underlying facts and circumstances reveal that the following issues, which form the basis…
19-362 Patrick Kent Lindsey Jones v. Allen Jones Louisiana 2019-09-18 Denied 14th-amendment appeal civil-procedure contested-funds due-process equal-protection finality-of-judgment fourteenth-amendment interlocutory-judgment right-to-appeal standing state-court state-court-jurisdiction Under the 14th Amendment, Section 1, how can a state court deny the right to appeal, by deeming a judgment which distributes contested funds to be a n…
19-5985 Leeroy Cesar Carballo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-18 Denied IFP appeal constitutional-rights criminal-procedure due-process evidentiary-hearing fifth-circuit-review fundamental-rights ineffective-assistance-of-counsel right-to-testify sentencing sentencing-phase During Petitioner's sentencing hearing, Petitioner took the stand, maintaining his innocence, and expressed his desire to tell the jury his side of th…
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.…
19-5931 Darryl Allen v. Pennsylvania Pennsylvania 2019-09-13 Denied Response WaivedRelisted (2)IFP appeal appellate-rights collateral-relief collateral-review constitutional-rights counsel-consultation due-process garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal roe-v-flores-ortega waiver Did the Pennsylvania courts err in denying collateral relief where prior counsel was ineffective for failing to consult fully with the petitioner, Dar…
19-5872 Philip Hugh Wentzel v. United States Seventh Circuit 2019-09-09 Denied Response WaivedIFP appeal certificate-of-appealability collateral-review constitutional-rights conviction criminal-charge criminal-procedure double-jeopardy due-process jurisdiction sentencing sentencing-error 1. Were petitioner's double jeopardy and due process rights violated by the sponte filing (at petitioner's sentencing) of an additional criminal charg…
19-5834 Thomas David McWaters v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-09-06 Denied IFP appeal civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-review standing In PetitroweR's ReQuest to the Ninth Circunt Court No. Owe: FOR A CeRtWFCATe OF APPEAlAbUAy, WOUld A gURISt OF REASON FINd rt debatable whetheR he sta…
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 1. DID THE APPELMTE DIVISION VIOLATE CLEARLY ESTABLISHED FEDERAL SUPREME COURT RATIFIED LAW ? 2. DID THE LOWER COURT OVERLOOK DEFENDANTS SIGNIFICANT…
19-5718 Alexander Lee Salazar v. United States Fifth Circuit 2019-08-27 Denied Response WaivedIFP acceptance-of-responsibility appeal criminal-procedure district-court district-court-discretion mitigating-factors mitigating-role offense-level role-adjustment sentencing-guidelines L Did the district court err when it declined to grant Mr. Salazar a mitigating role adjustment under the Guidelines? I. Did the district court err w…
19-239 Larry Benzon, Warden v. Troy Michael Kell Tenth Circuit 2019-08-23 Denied Amici (1) appeal appeals appellate-review capital-case capital-punishment collateral-order-doctrine district-court federalism habeas-corpus rhines-v-weber stay Whether a district court's order staying and abeying a capital prisoner's habeas corpus petition under Rhines v. Weber, 544 U.S. 269 (2005), is immedi…
19-5683 Isaiah Jermale Legall v. United States Fourth Circuit 2019-08-22 Denied Response WaivedIFP appeal appeal-deadline appeals appellate-procedure civil-procedure due-process equitable-tolling federal-rules federal-rules-of-appellate-procedure judicial-discretion standing time-limit 1. Whether equitable tolling applies to the time limit to appeal set forth in Federal Rule of Appellate Procedure 4(b)(1)(A).
19-5588 Luis Ordonez-Vega v. United States Fourth Circuit 2019-08-14 Denied Response WaivedIFP appeal appellate-counsel civil-rights conflict-of-interest criminal-procedure due-process inadequate-representation-of-counsel ineffective-assistance ineffective-assistance-of-counsel merit-review section-2255 waive waiver DID CONFLICT OF INTEREST ARISE WHEN APPELLATE COUNSEL'S FAILED TO RAISE NON-FRIVOLOUS MERIT(S) "INEFFECTIVE ASSISTANCE OF COUNSEL" ON DEFENDANT'S FIRS…
19-5450 Paul Suarez v. United States Fifth Circuit 2019-08-06 Denied Response WaivedIFP 18-usc-924c appeal conviction criminal-conviction criminal-procedure drug-trafficking firearm-offense jury-unanimity law-of-the-case legal-sufficiency manifest-injustice sufficiency-of-evidence 1) DID THE PANEL ERR BY HOL DING THAT THE "LAW OF THE CASE" GOVERNED ITS DECI SION IN HOLDING THAT THE EVIDENCE WAS LEGALLY SUFFICIENT TO SUSTAIN THE …
19-5461 Anthony L. Pierce v. Lisa Garrett, et al. Fifth Circuit 2019-08-06 Denied Relisted (2)IFP appeal civil-procedure civil-rights conclusion constitutional-provisions dismissal due-process frivolous jurisdiction magistrate opinions-below reasons-for-writ standing statement-of-case Did the court err in allowing the magistrate house non-meritus issue's twice", dismiss petitioner's action without prejudice, barring appeal; the oner…
19-5413 John Thomas Rooney v. Georgia Georgia 2019-08-01 Denied Relisted (2)IFP appeal civil-rights constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus jurisdiction plea-bargaining sentencing sentencing-enhancement statutory-jurisdiction unconstitutional unconstitutional-conviction Can convictions and sentences imposed by a State Trial Court without Constitutional or Statutory subject-matter jurisdiction or due to an Unconstituti…
19-5423 Antonio Rashawne Carr v. Texas Texas 2019-08-01 Denied IFP appeal arraignment arraignment-hearing criminal-procedure due-process grand-jury grandjury-indictment indictment ineffective-assistance-of-counsel sexual-assault ISSUE NUMBER ONE: Appeal Counsel only raised one point of error. It was a question regarding the Complainant. That she had been ISSUE NUMBER TWO: App…
19-5403 Randy Charriez-Rolon v. United States First Circuit 2019-07-31 Denied Response WaivedIFP appeal appellate-ineffectiveness criminal-procedure defendant-silence due-process due-process,self-incrimination,plain-error,ineffec first-circuit-review free-speech plain-error prosecutorial-commentary rule-29-motion silence 1. Whether the First Circuit's op/order affirming Petitioner's sentence and conviction finding no plain error when the United States commented on Pe…
19-5420 Kendrick Terrell v. United States Eleventh Circuit 2019-07-31 Denied Response WaivedIFP appeal criminal-procedure due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error prior-charges sentence-enhancement sentencing sentencing-calculation sentencing-guidelines sixth-amendment Whether the Petitioner's Sixth Amendment Rights were violated by plain error made in calculating Petitioner's sentence, and the numerous ways that Pet…
19-5340 Carl Prostell v. David Zook, Warden Fourth Circuit 2019-07-26 Denied Response WaivedIFP appeal confrontation-clause constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury post-conviction-relief reasonable-doubt sufficiency-of-evidence WHETHER THE FOURTH CIRCUIT ERRED IN DEFERRING TO THE STATE COURT FINDING THAT THE EVIDENCE WAS SUFFICIENT TO FIND INTENT TO SUSTAIN A CONVICTION OF AG…
19-5249 George E. Kersey v. Herb Chambers 1186, Inc., et al. First Circuit 2019-07-22 Denied IFP appeal appeals civil-procedure complaint-dismissal court-of-appeals district-court due-process filing-fee frivolous in-forma-pauperis pro-se-litigation sanctions screening standing 1. Whether the Court of Appeals properly affirmed the District Court's certification that the appeal was not taken in good faith 2. Whether the 28 U.…
19-5204 Jesus Loya Quezada v. Rick Raemisch, Executive Director, Colorado Department of Corrections, et al. Tenth Circuit 2019-07-18 Denied Response WaivedIFP appeal citizenship civil-rights constitutional-rights criminal-evidence criminal-procedure due-process evidence harmless-error paper-foundation standing state-court uncorroborated-evidence I wish for the court to review the errors Comitted in vidence Was allowed nowever I do not agree on the basis that now I have a criminal record and wi…
19-5231 James D. Thomas, Jr., aka Wayne Thomas v. New York New York 2019-07-18 Denied IFP appeal burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidentiary-rulings fair-trial jury-instructions prejudicial-error prosecutorial-misconduct reasonable-doubt sentencing sufficiency-of-evidence trial-court .Should this court vacate the conviction where the petitioner failed to preserve the issue and the trial court denied defendant's Motion to set aside …
19-5210 Therian Wimbush v. Christopher M. Carr, Attorney General of Georgia, et al. Georgia 2019-07-17 Denied IFP access-to-courts appeal appeals appellate-procedure civil-rights discretionary-appeal due-process georgia-court-of-appeals georgia-courts incarceration jurisdiction mailbox-rule parental-rights pro-se pro-se-litigant time-limitation Should the 'Mailbox Rule' be extended to ALL Notices of Appeal, that must be filed in the trial court, particularly for pro se Prisoner litigants? Sh…
19-5197 Eric T. Roden v. United States Ninth Circuit 2019-07-16 Denied Response WaivedIFP appeal article-iii-judge criminal-defendant criminal-procedure defendant-rights due-process federal-sentencing federal-sentencing-guidelines judicial-discretion ninth-circuit sentencing sentencing-guidelines waiver WHETHER THE NINTH CIRCUIT PANEL CORRECTLY CALCULATED GUIDELINES RANGE FOR USE AT A FEDERAL SENTENCING HEARING.
19-5175 Gregory Green v. Alan Wilson, Attorney General of South Carolina Fourth Circuit 2019-07-15 Denied IFP appeal civil-procedure civil-rights constitutional-rights criminal-procedure discretionary-review due-process equal-protection habeas-corpus ineffective-assistance judicial-review standing Whether South Carolina Appellte Court Rule 243 Voltes de prcss andegual protedtion of laby not entiting petitioner the right to be heard on appeal, Co…
19-5186 Mauricio Warner v. United States Eleventh Circuit 2019-07-15 Denied Response WaivedIFP appeal appeal-court appellate-procedure application certificate-of-appeal certificate-of-appealability civil-procedure civil-rights court-of-appeals due-process habeas-corpus judicial-review merits-ruling procedural-error standing (1) Did the Appeal Court err in making a merits ruling on Warner's Application for a Certificate of Appealability and for failure to even consider the…
19-5189 Michael Tyler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-15 Denied IFP appeal civil-procedure civil-rights constitutional-rights criminal-procedure dna-testing due-process exculpatory-evidence guidelines liberty post-conviction-relief procedural-barriers sentencing standing statutory-interpretation takings ISSUe ONE whether the u.s. supreme cart should great certiorcc to cesdve the Circuit Canflict, whether schlup gateway lnquir require neusly Presented …
19-5160 Jamie D. Geer v. Florida Florida 2019-07-12 Denied Response WaivedIFP access-to-courts appeal appeal-procedure due-process equal-protection post-conviction post-conviction-proceedings prison-officials prisoner-rights WHETHER PETITIONER WAS DENIED DUE PROCESS, EQUAL PROTECTION OF THE LAW AND RIGHT TO ACCESS TO THE COURTS WHEN PRISON OFFICIALS MISHANDLED HIS APPEAL P…
19-5109 Wayne English v. Roadhouse Holding Inc., et al. Third Circuit 2019-07-09 Denied Response WaivedRelisted (2)IFP appeal bankruptcy bankruptcy-procedure constitutional-rights due-process equal-protection federal-rules-of-bankruptcy-procedure first-amendment-rights mail-delivery notice notice-of-appeal usps Thousands of individuals, both debtors and creditors, are having their due process rights violated by the Delaware Bankruptcy Court. The Court, withou…
19-5054 Jason Hendershott v. Kelly Strong, Warden, et al. Fifth Circuit 2019-07-03 Denied Response WaivedIFP access-to-courts appeal civil-procedure civil-rights constitutional-claims criminal-case criminal-procedure due-process federal-circuit-court habeas-corpus ineffective-assistance-of-counsel judicial-review mental-illness post-conviction (1) Should Hendershott have been barred under 28 U.S.C. § 2254 when he turned his docs over to prison Authorities to mail Feb. 2014 months before his …
18-9803 Salvador Galvan v. United States Ninth Circuit 2019-06-27 Denied Response WaivedIFP 18-usc-3553a appeal criminal-procedure criminal-sentencing district-court-discretion due-process guidelines procedural-error sentencing sentencing-guidelines ussg-2b1.1 victim victim-definition victim-impact Whether, in a case involving embezzlement from a municipality, it is procedural error for a district court to consider every resident of the city a vi…
18-9829 Herve Wilmore, Jr. v. United States Eleventh Circuit 2019-06-27 Denied Response WaivedRelisted (2)IFP appeal appellate-review constructive-amendment criminal-procedure due-process fifth-amendment grand-jury-clause judicial-review Consistent with recalling the mandate to prevent injustice 1) Did the Court of Appeals affirm a Constructive Amendment, which requires reversal per s…
18-9844 Garner Wood v. Les Parish, Warden Sixth Circuit 2019-06-27 Denied Response WaivedIFP appeal appellate-procedure civil-rights constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-relief postsentencing-motion sentencing sentencing-credit sentencing-error trial-counsel The trial court denied Petitioner Wood's due process right under the Fourteenth Amendment by not granting his jail credit for 1930 days after assuring…
18-9818 Bruce Allen Echols v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2019-06-26 Denied Response WaivedIFP appeal civil-procedure civil-rights due-process exhaustion-of-remedies federal-jurisdiction habeas-corpus jurisdiction standing 1. this appl gress of a I A'c claim that had not bee adjdcate by the required well established strickland two plong test leaving dish Pi order non lin…
18-9740 Myron Gregory Jessie v. Michigan Michigan 2019-06-21 Denied IFP appeal appellate-review civil-rights constitutional-rights conviction criminal-procedure due-process evidence evidence-admission judicial-error life-imprisonment prior-misconduct resentencing sentencing 1. Was the evidence insufficient to convict defendant - Appelart MyRon JEssle as an aider and abetter to armed bery and ist degree home invasion?Did h…
18-9713 Steven Allen Brende v. Darin Young, Warden, et al. Eighth Circuit 2019-06-18 Denied Response WaivedRelisted (2)IFP administrative-law appeal civil-procedure civil-rights due-process south-dakota standing state-court-appeals supreme-court My question is about Supreme Court of South Dakota on appeal, filed number # 26455 20, 2013, considered on Briefs; in the July 17,2013, Opinion filed:…
18-9615 Shawn Russell Sorensen v. United States Eighth Circuit 2019-06-12 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal conflict-among-courts-of-appeals drug-felony drug-felony-offenses drug-offenses eighth-amendment first-step-act mandatory-minimum sentencing sentencing-enhancement simple-possession THIS COURT SHOULD GRANT MR. SORENSEN's PETITION FOR CERTIORARI TO RESOLVE A CONFLICT AMONG THE UNITED STATES COURTS OF APPEALS AS TO WHETHER PETITIONE…
18-9634 Destyn David Frederick v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. Fifth Circuit 2019-06-12 Denied IFP appeal certificate-of-appealability constitutional-rights conviction criminal-conviction criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel pro-se-challenge right-to-counsel sentencing ISSUE NO ONE AND TWO whether the United States District court and the Fifth Circuit court of appeals have denied Petitioner his rights to challenge th…
18-9641 Clifford Brigham v. United States Ninth Circuit 2019-06-12 Denied Response WaivedIFP appeal appellate-review criminal-law criminal-procedure due-process sentencing sentencing-guidelines statutory-maximum substantive-reasonableness Whether the imposition of the statutory maximum, 60-month term was substantively unreasonable.
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 1. Whether in light of Class v. United States, 138 S.Ct. 798 (2018), a defendant who enters an unconditional guilty plea and waives appeal, yet wishes…
18-9612 Gregory Rayford v. Illinois Illinois 2019-06-11 Denied Response WaivedIFP appeal civil-rights criminal-procedure due-process evidence exclusionary-rule probable-cause search-and-seizure sentencing 1.) The State failed to prove defendant Bayfard quilty beyond a reasonable doubt because it did not show that defendant Constructively possessed the n…
18-9570 Cody Joseph Morgan v. Texas Texas 2019-06-07 Denied IFP appeal double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel judicial-vindictiveness north-carolina-v-pearce retrial sentencing sentencing-package texas-v-mccullough Did Texas v. McCullough, 475 U.S. 134 (1986) create a brightline rule that anytime a jury returns a sentencing verdict at the original trial it become…
18-9510 Rasaq Aderoju Raheem v. United States Fifth Circuit 2019-06-03 Denied Response WaivedIFP appeal appellate-procedure conviction criminal-procedure defendant-conviction due-process equal-protection federal-jurisdiction fifth-circuit jurisdiction legal-review standard-of-review sufficiency-of-evidence Whether the Fifth Circuit erred by affirming Defendant's Raheem conviction.
18-9499 Chad Austin v. Timothy Stewart, Warden Fourth Circuit 2019-05-31 Denied Response WaivedIFP appeal bureau-of-prisons civil-rights constitutional-interpretation due-process federal-jurisdiction federal-sentencing-guidelines judicial-review retroactive-application sentencing statute-of-limitations statutory-interpretation time-bar 1.) Hows Can the Bureay of Prisons make petitioners Federal Sentence, when petitioner was sentenced on 11/iz/1999 under manttory sentencing Gidelines"…
18-9481 Jerry Eugene Shrubb v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-05-30 Denied IFP actual-innocence appeal cerebellar-degeneration constitutional-rights due-process ineffective-counsel miranda-violation petition-for-allowance-of-appeal sixth-amendment warrantless-search Has the Appellant been denied Due Process of Law in that no Court has reasonably observed the actual claims raised by the Appellant? Has the warrantl…
18-9447 QuintIn Irving Brown v. Virginia Virginia 2019-05-28 Denied Relisted (2)IFP appeal conviction criminal-conviction criminal-procedure due-process judicial-boundaries jurisdiction jurisdictional-overreach procedural-error reversal state-law territorial-jurisdiction venue I. WHEN A CONVICTION OCCURS IN ANY STATE OF THE UNITED STATES WHERE A COUNTY'S JURISDICTION OCCURS OVER 2,200 YARDS BEYOND ITS 300-YARD PERMISSIBLE JU…
18-9405 John Willie Mack, Jr. v. Kenneth Nelsen, Warden Fourth Circuit 2019-05-23 Denied Response WaivedIFP appeal civil-rights due-process evidence habeas-corpus ineffective-assistance-of-counsel ineffective-counsel misconduct right-to-counsel right-to-fair-trial (I) INEFFELTIVE OF TLIAL COUNSE/: COUNSEL FAILEO TO SECURE AN OBSECTION TO SWABS BEING AOMITTEO IWTO EVIDENCE WHEN THE STATE DED NOT PAODUCE TANGIBLE …
18-9407 Humberto Verduzco-Magana v. United States Ninth Circuit 2019-05-23 Denied IFP appeal appellate-waiver circuit-court conformity judgment-correction oral-pronouncement sentence-modification sentencing written-judgment Whether a written appellate waiver giving up the right to appeal any portion of the sentence waive the right to ask the Circuit to conform the written…
18-9408 Freddie J. Hennington v. United States Fifth Circuit 2019-05-23 Denied Response WaivedIFP appeal appellate-procedure appellate-review circuit-court civil-procedure criminal-procedure dismissal due-process federal-jurisdiction judicial-discretion legal-review procedural-error sentencing standing Whether the Fifth Circuit erred by dismissing Mr. Hennington's appeal without considering the merits of his arguments.
18-9348 Willie Joe Williams v. Stephen Welch, et al. Fourth Circuit 2019-05-20 Denied Response WaivedIFP appeal appeals criminal-procedure due-process habeas-corpus jurisdiction sentencing Whether or not the State Court And Federal Courtis) error in sending Petitioner to prison after dismissing crimels) and charge (s).
18-9319 Robert Gray v. United States Eleventh Circuit 2019-05-17 Denied IFP appeal certificate-of-appealability criminal-conviction due-process eleventh-circuit habeas-corpus ineffective-assistance-of-counsel motion-to-vacate sentencing standard-of-review Whether the trial and appellate court erred in denying Petitioner's Motion for Certificate of Appealability?
18-9333 Gustavo Gomez v. California Ninth Circuit 2019-05-17 Denied IFP appeal case-law constitutional-rights court-of-appeals criminal-procedure due-process habeas-corpus judicial-review jurisdiction motion-to-amend sixth-amendment standing Were this Petitioner's Sixth Amendment rights according to the United States Constitution violated by the United States Court of Appeal for the Ninth …
18-9292 Timothy B. Fredrickson v. United States Seventh Circuit 2019-05-15 Denied Response WaivedIFP appeal bail bail-appeal constitutional-rights due-process judicial-discretion mandamus pre-trial-detention pre-trial-release speedy-trial-act statutory-interpretation What recourse is available to a defendant, when an appeal and mandamus enforcement of the ministerial and self-executing release on bail provision of …
18-9169 Andre McDaniels v. United States Fifth Circuit 2019-05-09 Denied Response WaivedIFP 2255 6th-amendment appeal appeals certificate-of-appealability civil-rights court-reporter due-process fifth-amendment judicial-review jurisdiction pro-se-litigant sixth-amendment standing transcripts I. Does a Pro-Se Petitioner forfeit his right to the protection of the Constitution when he is granted a C.0O.A. on the merits of his case, then not g…
18-9216 Klark Deziray Hopkins v. California California 2019-05-09 Denied Response WaivedIFP appeal appeal-waiver constitutional-rights due-process fourteenth-amendment ineffective-assistance liberty plea-agreement presumption-against-waiver property right-to-appeal 1. Do the presumption against waiver of fundamental constitutional rights and the Fourteenth Amendment Due Process Clause's guaranty against deprivati…
18-9162 Kurtis D. Worley v. Illinois Illinois 2019-05-06 Denied Response WaivedIFP appeal case-caption civil-procedure constitutional-provisions due-process jurisdiction jurisdictional-requirements legal-document petition-formatting procedural-rules standing statutory-provisions supreme-court Whether the appellate Court erred by not aptly invoking Supreme Court (file GIS CEXLD and CLUY),
18-9129 Delroy T. Booth v. Trevonza Bobbitt, Warden, et al. Eleventh Circuit 2019-05-03 Denied IFP appeal appeals appellate-procedure civil-procedure civil-rights court-costs court-fees dismissal docketing-fees due-process eleventh-circuit fees in-forma-pauperis pro-se-litigant standing I Wow Can Me Couch oF AR PRS For Lhe ENevendy rcuth DiS ge My APRRA\ By SNating "Failed Yo Pay the Dock ering 8 Fi Ving Fees bg Wherg iy Cleasly Shake…
18-9091 Antwayne Tremayne Lowry v. United States Eleventh Circuit 2019-05-02 Denied Response WaivedIFP appeal appellate-review certificate-of-appealability criminal-conviction due-process eleventh-circuit habeas-corpus ineffective-assistance-of-counsel motion-to-vacate sentencing standard-of-review Whether the trial and appellate court erred in denying Petitioner's Motion for Certificate of Appealability?
18-9029 Tyron James v. Kansas Kansas 2019-04-29 Denied IFP appeal apprendi civil-rights constitutional-challenge conviction criminal-conviction criminal-procedure due-process retroactive-application retroactivity sentencing sentencing-guidelines sixth-amendment unconstitutional-error upward-departure 1. May a conviction baded dn a unconstitutional hard o life Senfence be overturned at any time? 2. May this Courts decisionin Apprendi ar to what con…
18-1353 Kevin McCabe, et al. v. Lifetime Entertainment Services, LLC Second Circuit 2019-04-29 Denied Response Waived american-pipe american-pipe-doctrine appeal appellate-review civil-procedure class-action class-action-tolling class-certification due-process legal-tolling precedent procedural-rules procedural-tolling sanctions standing statute-of-limitations 1. Whether class-action statute-of-limitations tolling under American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), should continue until a distric…
18-8994 Abie Wolf, aka Abraham C. Wolf v. Randolph Osherow, et al. Fifth Circuit 2019-04-25 Denied Response WaivedIFP appeal bankruptcy bankruptcy-appeal bankruptcy-discharge bankruptcy-procedure bankruptcy-rules bankruptcy-trustee court-jurisdiction creditors-meeting discharge discharge-appeal due-process legal-interpretation procedural-error transcript trustee trustee-objection Whether or not the Lower Court is talking about Petitioners Discharge and thats not what Petitioner appealed. Whether or not the United States Truste…
18-8981 John Bowling v. Maryland Maryland 2019-04-24 Denied IFP appeal civil-procedure civil-rights conviction criminal-procedure due-process evidence-sufficiency free-speech jury-instructions standing I AN ERRONEOUS INSTRUCTION ON FORCE WAS GiVN tO the fuy AThe uns No eene whatse, of fale And Feudulent epesentations amounting substantally to a frau…
18-8933 Zaamar Bersan Stevenson v. Pennsylvania Board of Probation and Parole, et al. Third Circuit 2019-04-22 Denied IFP appeal appeal-process certificate-of-appealability criminal-procedure due-process first-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rehabilitation-process right-to-counsel subject-matter-jurisdiction 1) Whether Mr. Stevenson was entitled to relief, or in the alternative an evidentiary hearing, on his claim of ineffective assistance of counsel, wher…
18-8887 Miriam Soler v. Capital One Auto Finance Eleventh Circuit 2019-04-19 Denied IFP appeal appellate-review bankruptcy bankruptcy-procedure constitutional-interpretation courts-of-appeal due-process ex-post-facto ex-post-facto-clause federal-rules-of-bankruptcy-procedure original-jurisdiction rule-of-law Whether the Eleventh Circuit Court of Appeals infringed the ex post facto clause, depriving Petitioner's right of remedy sustaining no due process at …
18-8904 Octavius Matthews v. Terry Ratliff (TR Motors) Alabama 2019-04-18 Denied IFP appeal appeal-procedure appeals civil-procedure court-dismissal down-payment due-process jurisdiction legal-timeliness plaintiff-claim procedural-grounds standing statute-of-limitations timeliness Why did the courts find that the Appeal was improper, because the plaintiff did not do it right. Why has the case been erroneous as of it being over …
18-8818 Cornell D. Reynolds v. Randall Hepp, Warden Seventh Circuit 2019-04-15 Denied Response RequestedResponse WaivedRelisted (3)IFP appeal appellate-rights appointed-counsel attorney-client attorney-compensation conflict-of-interest due-process indigent-defendant indigent-defense statutory-provisions Should the conflict of interest doctrine be extended to include financial conflicts between attorney and client; and/or Whether a state creates a fat…
18-8825 Timeiki Hedspeth v. United States Fourth Circuit 2019-04-15 Denied Response WaivedIFP appeal criminal-history criminal-procedure criminal-sentencing district-court due-process evidentiary-rulings fair-trial federal-sentencing-guidelines offense-level reasonable-doubt restitution sentencing sentencing-guidelines 1. Did the District Court use an incorrect criminal history category to sentence Ms. Hedspeth? 2. Did the District Court use an incorrect offense lev…
18-8814 Michael Perales v. United States Fifth Circuit 2019-04-12 Denied Response WaivedIFP appeal criminal-procedure district-court due-process objection preservation-of-error sentencing substantial-arguments I. Whether parties to a criminal action must lodge a separate objection to the failure of a district court to address substantial arguments for a diff…
18-8804 Carlos Antonio Raymond v. Martin Joseph Roy, et al. Texas 2019-04-12 Denied Response WaivedRelisted (3)IFP appeal appellate-review civil-procedure civil-rights constitutional-rights due-process judicial-discretion manifest-injustice plea-bargain standing trial-procedure waiver waiver-consent Did the District (Trial) Court err in Allowing trial to proceed without firstobtaining A written WAIVER consent from Pfitib ner,Plaintiff? Was the op…
18-8746 Tatyana E. Drevaleva v. California Department of Industrial Relations, Division of Labor Standards Enforcement California 2019-04-09 Denied IFP abandonment-of-appeal appeal appeal-dismissal attorney-signature civil-procedure civil-procedure-defects defendant-identification due-process electronic-service motion-to-dismiss party-identification procedural-defect service-of-process standing Shall the Court of Appeal grant Defendants' Motion to Dismiss an Appeal if Defendants improperly served the Plaintiff with this Motion, and they maile…
18-8756 Jonathan S. Williams v. Dr. Kurk, et al. Ninth Circuit 2019-04-09 Denied IFP appeal civil-procedure constitutional-rights dismissal due-process federal-procedure judicial-error prima-facie-case res-judicata standing DID THE U.S.D.C; COMMIT LEGAL ERROR BY GRANTING DEFENDANT'S MOTION TO DISMISS UNDER RES JUDICATA WITHOUT ALLOWING THE APPELLANT AN OPPORTUNITY TO CONT…
18-8668 Joseph Edwards Teague, III v. North Carolina North Carolina 2019-04-02 Denied IFP affidavit appeal appellate-review detective-affidavit federal-law good-faith-exception probable-cause search-warrant state-law state-vs-federal state-vs-federal-law 1. Was COA17-1 134 dispositive of appeal brought to NC Court of Appeals? COA Decision never addressed "good faith exception" issue state vs fed with a…
18-8646 Norman Hampton v. Gregory McLaughlin, Warden Georgia 2019-04-01 Denied Response WaivedIFP appeal civil-rights criminal-procedure due-process federal-courts habeas-corpus sentencing state-courts Question not identified.
18-8609 Robert L. Clark v. Carroll County Sheriff's Department, et al. Eleventh Circuit 2019-03-29 Denied IFP appeal appeals civil-procedure civil-rights court-of-appeals due-process in-forma-pauperis standing Question not identified.
18-8617 Kristen Patrick Doyle v. United States Fourth Circuit 2019-03-28 Denied Response WaivedIFP appeal appeals circuit-court-review criminal-procedure due-process habeas-corpus jurisdiction legal-motion-type mens-rea sentencing sentencing-enhancement statutory-interpretation Did the United States Court of Appeals for the Fourth Circuit err in its denial of Defendant - Appellant's Motion to be granted relief under the clari…
18-8491 Ernest Marquis Flowers v. Laura Uriarte, et al. Florida 2019-03-20 Denied IFP appeal civil-rights civil-rights-violation constitutional-rights criminal-procedure due-process habeas-corpus judicial-review malicious-prosecution prosecutorial-misconduct sentencing sixth-amendment unlawful-detention WHETHER PETITIONER WAS ILLEGALLY DETAINED IN THE FLORIDA DEPARTMENT OF CORRECTIONS UNDER FULLY ENFORCEABLE VERDICTS CONTRARY TO FLORIDA SUPREME COURT …
18-8340 Victor Roblero v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-03-08 Denied IFP constitutes a violation of the Sixth Amendment ri specifically the failure to investigate and prese appeal capital-punishment criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mental-health sixth-amendment Question not identified.
18-8344 James Edward Whitney v. Arkansas Arkansas 2019-03-08 Denied Response WaivedIFP appeal appeal-procedure appeal-process-issues civil-procedure clerk-error clerk-of-court clerk-of-court-duties court-filing due-process institutional-filing notice-of-appeal record record-filing record-lodging standing timeliness The Clerk of the court has improperly declined to lodge the record on my appeal from the order of the Circuit Court for Washington County Arkansas, ca…
18-8346 Danilo Velasquez v. United States Ninth Circuit 2019-03-08 Denied Response WaivedIFP appeal constitutional-rights criminal-procedure diminished-capacity due-process evidence expert-testimony fundamental-rights life-sentence ninth-circuit sentencing Did the Ninth Circuit fail to protect petitioner's fundamental due process right to present his complete defense when it approved the district court's…
18-8349 Daverne Michael Foy v. United States Fifth Circuit 2019-03-08 Denied Response WaivedIFP appeal appeal-waiver civil-rights criminal-procedure due-process judicial-proceedings plain-error sentencing sentencing-guidelines substantial-rights waiver 1. In Rosales-Mireles, this Court struck down the court of appeals' heightened "shock the conscience" standard for a Rule 52(b) plain error review, an…
18-8184 Daryl Sharp v. Timothy Dolan District of Columbia 2019-03-01 Denied Relisted (2)IFP appeal civil-procedure civil-rights criminal-procedure due-process evidence free-speech jurisdiction jury-instructions standard-of-review standing Question not identified.
18-8219 Jose J. Hernandez v. M. Eliot Spearman, Warden Ninth Circuit 2019-03-01 Denied IFP appeal civil-rights criminal-procedure due-process evidence felony-murder ineffective-assistance newly-presented standing 2. Is there sufficient evidence to support the conviction for the substantive offense of first degree felony murder, and does the adopted felony murde…
18-8148 Johnathan Hawthorne v. United States Eleventh Circuit 2019-02-27 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal armed-career-criminal-act constitutional-interpretation due-process first-step-act new-law pipeline resentencing retroactive-application retroactivity sentencing sentencing-enhancement Whether the "New Law" of the First Step Act, sign into law on Dec. 18, 2018 made this an appeal "Pipeline" case, that fall under the First Step Act ne…
18-8107 Dheadry Loyd Powell v. United States Tenth Circuit 2019-02-26 Denied Response WaivedIFP appeal criminal-sentencing district-court district-court-error drug-quantity due-process grouping grouping-of-counts judicial-discretion sentencing sentencing-guidelines ussg-1b1 ussg-calculation Did the District Court err with its finding of a new inaccurate drug quantity? Did the District Court err by not performing separate calculations und…
18-1080 Anderson Living Trust, fka The James H. Anderson Living Trust, et al. v. WPX Energy Production, LLC, fka WPX Energy San Juan, LLC, et al. Tenth Circuit 2019-02-21 Denied Response Waived appeal appellate-jurisdiction civil-procedure class-action class-certification federal-rules-civil-procedure final-judgment microsoft-v-baker mootness settlement-agreement standing tenth-circuit Does Microsoft v. Baker, 137 S.Ct. 1702, 198 L.Ed. 2d 132 (2017) mandate that only plaintiffs who litigate their individual claims to a final judgment…
18-8081 Jared King v. Karen Creed, et al. Second Circuit 2019-02-21 Denied Response WaivedIFP 28-usc-1915 appeal appellate-procedure civil-procedure civil-rights coppedge-v-united-states due-process fifth-amendment in-forma-pauperis notice-of-hearing standing summary-judgment Whether the panel that dismissed pursuant to 28 U.S.C. §1915(e) plaintiffs appeal to the Court of Appeals for the Second circuit, (Parker, Chin & Livi…
18-8019 Bryan Austin v. United States Eighth Circuit 2019-02-20 Denied Response WaivedIFP appeal certificate-of-appealability circuit-court circuit-split coa congress constitutional-claims due-process habeas-corpus sixth-amendment Whether the determination by the Eighth Circuit Court of Appeals with respect to Petitioner's COA application improperly deviated from the mandates of…
18-8020 Benjamin Besteder, Jr. v. Sean Bowerman, Warden Sixth Circuit 2019-02-20 Denied IFP 6th-amendment 8th-amendment access-to-evidence appeal civil-rights due-process excessive-punishment ineffective-assistance-of-counsel right-to-counsel Question not identified.
18-8015 In Re Michael Ojegba Agbonifo 2019-02-19 Denied Response WaivedIFP appeal constitutional-rights criminal-detention criminal-procedure criminal-proceedings detention due-process indefinite-detention judicial-misconduct legal-representation not-guilty right-to-counsel right-to-trial trial Is it Constitutional for a District Court Judge to Hold an accused in an alleged criminal proceedings indefinitely in detention without TRIAL when the…
18-7987 Ikemefula Charles Ibeabuchi v. Paul Penzone, et al. Ninth Circuit 2019-02-15 Denied Relisted (2)IFP administrative-law appeal civil-procedure civil-procedure-appeal conviction-expungement criminal-procedure due-process habeas-corpus revocation standing 1. Whether or not, the District Judge Committed a reversible Relief, pending the Outcome Court of Arizona, without duscerning onthe Merit of the Case?…
18-7991 George E. Kersey v. Donald J. Trump, President of the United States First Circuit 2019-02-15 Denied Response WaivedIFP 28-usc-1915 appeal appeal-certification civil-procedure complaint-dismissal court-of-appeals dismissal district-court frivolous immunity in-forma-pauperis standing Whether the Court of Appeals properly affirmed the District Courts December 18, 2017 decisions by which Petitioner's complaint was dismissed Whether …
18-7997 Samuel Gregg Allen v. United States Fifth Circuit 2019-02-15 Denied Response WaivedIFP appeal civil-rights constitutional-provision criminal-procedure due-process fifth-circuit plea-agreement unconstitutional waiver waiver-of-appeal Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Allen's Plea Agreement.
18-7945 Carl Allen Watts v. Michigan Michigan 2019-02-13 Denied Relisted (2)IFP appeal appeals appellate-review civil-rights constitutional-question criminal-procedure double-jeopardy due-process equal-protection judicial-bias legal-standard michigan-court-of-appeals procedural-conflict standing WHETHER THE MICHIGAN COURT OF APPEALS DECISION TO REVERSED AND REMANDED FOR A NEW TRIAL IN TWO SIMILARLY SITUATED CASES AS PETITIONERS CASE, CONFLICT …
18-7919 Susan Grund v. Julie Murphy, et al. Seventh Circuit 2019-02-12 Denied IFP appeal civil-procedure civil-rights deliberate-indifference eighth-amendment medical-need prisoner-rights summary-judgment Whether The District Courtin granting summary judgment improperly decided disputed factual issues which the appeal court affirmed. Whether the Peti…
18-7928 Gilbert Carrasco v. United States Ninth Circuit 2019-02-12 Denied Response WaivedIFP abney-rule appeal bail bail-denial criminal-procedure district-court-jurisdiction double-jeopardy due-process habeas-corpus jurisdiction notice-of-appeal Was U.S. District Court, (S.D. Cal.) divested of jurisdiction because of Abney rule - to hail Defendant to trial - once Petitioner's timely Notice of …
18-7879 Clayton D. Colkley v. Maryland Maryland 2019-02-11 Denied IFP 5th-amendment appeal appeals appellate-review constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process jurisdiction motion-to-dismiss trial-court trial-court-jurisdiction 1. DID THE COURT OF SPECIAL APPEALS OF MARYLAND ERR IN AFFIRMING TRIAL COURT'S DENIAL OF DEFENDANT'S MOTION TO DISMISS ON THE GROUND OF DOUBLE JEOPARD…
18-1034 Jefferson A. McGee v. City of Sacramento, California Ninth Circuit 2019-02-08 Denied appeal appellate-review civil-rights conspiracy discrimination discrimination-claims due-process equal-protection federal-financial-assistance racial-discrimination standing Whether the appeal in this action is so insubstantial as not to warrant further review and should not be permitted to proceed?
18-7872 Steven Torres v. Randee Rewerts, Warden Sixth Circuit 2019-02-08 Denied Response WaivedIFP appeal certificate-of-appealability constitutional-rights guidelines habeas-corpus judicial-discretion sentencing sentencing-guidelines sixth-circuit upward-departure I. DID THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN AND THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY …
18-7788 Sunny Robinson v. United States Fifth Circuit 2019-02-07 Denied Response WaivedIFP appeal appellate-review compassionate-release criminal-justice criminal-procedure district-court-discretion due-process federal-sentencing judicial-discretion sentence-reduction sentencing statutory-interpretation Should a writ of certiorari be granted to determine whether the District Court and the Fifth Circuit erred in not granting relief under Title 18 U.S.C…
18-7829 Joe Homer Mark v. Amy Rabeau Ninth Circuit 2019-02-07 Denied Response WaivedIFP appeal appellate-review civil-procedure counsel-performance custodial-interrogation district-court fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-error miranda-warning procedural-default self-incrimination standing Whether Petitioner Joe Mark's Fifth Amendment Rights were violated when Mr. Mark was subject to custodial interrogation without Miranda warning having…
18-7736 Robert Davis v. New York New York 2019-02-04 Denied Response WaivedIFP appeal appellate-counsel criminal-appeal due-process ineffective-assistance legal-review procedural-due-process questions-of-fact questions-of-law standing state-court state-court-review Did the State's highest court fail to lawfully review the questions of law in Petitioner's application prior to denying him permission to appeal his c…
18-7616 Rodrigo Tovar Pupo v. United States District of Columbia 2019-02-01 Denied Response WaivedIFP appeal constitutional-issue constitutional-issues criminal-appeal criminal-procedure criminal-procedure-appeal district-court due-process guilty-plea ineffective-assistance-of-counsel offense-enhancement plea-bargaining sentencing-enhancement sentencing-guidelines If Appeals Court erred by not considering the grounds raised by Appellant and denying his appeal disregarding the Constitutional issues raised by Appe…
18-7716 Jesse Ingram, Jr. v. United States Eleventh Circuit 2019-02-01 Denied Response WaivedIFP 3553(a)-factors 5th-amendment appeal appellate-counsel constitutional-violation criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel retroactive-review retroactivity sentencing sentencing-guidelines statutory-interpretation 1). Is it a Fifth Amendment violation when Petitioners are sentenced to a higher guidline sentence when 18 U.S.C. statute 3553(A) warrants a below gui…
18-7694 Raymond Crespo v. New York New York 2019-01-31 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal criminal-procedure defendant-rights due-process faretta-v-california judicial-discretion legal-timeliness pro-se-representation right-to-counsel right-to-self-representation self-representation timeliness "How soon in the criminal proceeding must a defendant decide between proceeding by counsel or pro se?" Faretta v. California, 422 U.S. 806, 852 (1975)…
18-7682 Stacie Demers v. United States Second Circuit 2019-01-30 Denied Response WaivedIFP appeal appellate-review circuit-court counsel criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-claim sixth-amendment Whether the Circuit Court of Appeals should have decided Ms. Demers's claim of ineffective assistance of counsel.
18-965 Donald Sullivan v. Robert Wayne Pugh, et ux. North Carolina 2019-01-25 Denied Relisted (2) appeal appellate-procedure civil-procedure civil-rights constitutional-rights due-process judicial-misconduct jury-trial north-carolina oath-of-office summary-judgment Whether or not the presiding judge in the lower court, the judges of the Court of Appeals of North Carolina and the justices of the North Carolina Sup…
18-7531 John Paul Galbraith v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-23 Denied IFP 18-usc-3006a 28-usc-2254-rule-8 appeal appointment-of-counsel circuit-justice criminal-justice-act criminal-justice-act-of-1964 due-process evidentiary-hearing indigent-prisoner right-to-counsel The following questions effect prisoner's nationally: Whether, after an indigent prisoner is granted appeal, a circuit justice has the descretion to…
18-933 Shraddha Patel v. Kirit Patel, aka Kiritkumar Ambalal Patel, et al. Fourth Circuit 2019-01-18 Denied appeal appellate-procedure civil-procedure deadline federal-rules-of-appellate-procedure grace-period notice notice-of-judgment rule-4(a)(5) rule-4(a)(6) time-to-appeal As explained in her Rule 4(a)(5) motion to extend the time within which to notice an appeal, the then pro se petitioner did not receive notice of the …
18-947 Michael S. Barth v. Township of Bernards, New Jersey, et al. Third Circuit 2019-01-18 Denied Response Waived appeal appeal-timeliness appeals civil-rights court-of-appeals court-rules due-process ex-parte ex-parte-motion in-camera-review judicial-misconduct misconduct procedural-rules Whether if a member of the Court of Appeals sends a party a "racist" mailing of a court initiated letter, whether intentional or unintentional, does a…
18-7440 Christopher Whitman v. United States Eleventh Circuit 2019-01-16 Denied Response WaivedIFP 11th-circuit appeal appellate-procedure conflict-of-interest disqualification due-process effective-assistance-of-counsel ineffective-assistance-of-counsel judicial-discretion juror-bribery plain-error-review sentencing-guidelines standing Question One The Constitution guarantees a person the effective assistance of counsel for a first appeal of right. Effective counsel necessarily cont…
18-7460 Clint Horvatt v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-16 Denied IFP adversarial-testing appeal change-of-venue civil-procedure competency-hearing criminal-acts criminal-procedure disciplinary-history due-process independent-act-doctrine ineffective-assistance involuntary-intoxication record standing trial-counsel trial-court In claim one and two, did the trial court fail to attach portions of the record. In claim 3(A), did trial counsel fail to investigate criminal acts a…
18-7390 Martin R. Stancik v. United States Sixth Circuit 2019-01-14 Denied Response WaivedIFP appeal appeal-waiver circuit-split constitutional-error constitutional-law criminal-procedure due-process sentencing sixth-circuit waiver Whether a criminal defendant's waiver of his right to appeal a sentence includes a waiver of the right to appeal a later, unforeseen constitutional du…
18-7322 Robert R. Yerton, Jr. v. Jason Bryant, Warden Tenth Circuit 2019-01-09 Denied Relisted (2)IFP appeal confrontation-clause criminal-appeal criminal-procedure due-process expert-witness federal-appeal indigent-defense sixth-amendment tenth-circuit Whether the Tenth Circuit Court erred in holding - in conflict with the Second, Fifth, Sixth, Ninth, the D.C., and other Circuit Courts - that The Dis…
18-7287 Lamont LaPrade v. United States Third Circuit 2019-01-08 Denied Response WaivedIFP 18-usc-924c appeal collateral-attack crime-of-violence criminal-law due-process firearm-offense predicate-offense sentencing statutory-interpretation 1) To Charge with 924c) (crime of violence) must sustain Conviction with connection, with Predicate Offense. 2) That, if on Collateral Attack (2255),…
18-7261 Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-07 Denied IFP abuse-of-discretion appeal appealability appellate-jurisdiction civil-procedure fraud-on-the-court habeas habeas-corpus judicial-discretion jurisdiction merits motion-to-reconsider procedural-error rule-60(b) Since denial of the prejudgment Rule 60(b) motion in habeas did not address merits of attorney dishonesty (fraud-on-the--court) did lower court clearl…
18-7190 Zachary Q. Wicks v. Jon H. Radnothy, et al. Florida 2018-12-27 Denied IFP appeal constitutional-rights due-process evidence fourteenth-amendment judicial-procedure medical-malpractice statute-of-limitations testimony trial-court 1. Did the trial court deny Petitioner's due process rights, guaranteed under the Fourteenth Amendment of the Constitution of the United States and un…
18-7164 Nathan Daniel Knuth v. Randall C. Arp, Judge, District Court for the First Judicial District of Colorado, et al. Colorado 2018-12-21 Denied Response WaivedIFP appeal appellate-review civil-procedure constitutional-rights dismissal due-process evidentiary-hearing judicial-discretion procedural-fairness standing waiver Whether the Colorado Court of Appeals violated Mr. Knuth's constitutional rights to due process when it "struck" his opening brief and dismissed the a…
18-800 Linda Shao v. McManis Faulkner, LLP California 2018-12-21 Denied Relisted (2) appeal appeal-dismissal california-rules-of-court conflict-of-interest court-procedure dismissal due-process fraud insufficient-records judicial-ethics judicial-misconduct notice procedural-deception The questions presented in this case are: 1. Does due process require reversal of the dismissal of appealbased on the fact that the California 6th Di…
18-7106 Ramiro Plascencia-Orozco v. United States Ninth Circuit 2018-12-19 Denied Response WaivedIFP appeal breach breach-of-contract commerce-clause constitutional-violation criminal-procedure double-jeopardy due-process eleventh-amendment judicial-power plea-agreement sentencing Whether the District Court Erred When it Declared, Petitioner Breached His 2011 Plea Agreement and Thus Allowed the Government to go Forward on Charge…
18-7059 John H. Rosky v. Quentin Byrne, Warden, et al. Ninth Circuit 2018-12-17 Denied IFP access-to-courts appeal appeals appellate-procedure certificate-of-appealability civil-procedure civil-rights district-court-review due-process habeas-corpus judicial-discretion procedural-due-process standing Question not identified.
18-7031 Kacey Lewis v. Angel Quiros, et al. Second Circuit 2018-12-14 Denied IFP abuse-of-discretion appeal appellate-procedure civil-procedure dismissal due-process in-forma-pauperis standing THE PETITIONER'S COURT OF APPEALS ERR IN DENYING THE PETITIONER'S MOTION TO PROCEED ON FORMA PAUPERIS ON APPEAL? DID THE COURT OF APPEALS ABUSE ITS DI…
18-7002 Clifton Stanley Diaz, Jr. v. Washington Metropolitan Area Transit Authority District of Columbia 2018-12-13 Denied IFP appeal appellate-jurisdiction civil-procedure civil-rights constitutional-law damages default-judgment due-process employment judicial-review legal-procedure motion reinstatement remand standing statutory-interpretation U.S. COURT OF APPENCS FOR TNE D.C. CIRAMIT D.D NOT RESPOND TO THE MOTION SEEKING MONETARY DAMAGES BECAUSE THE COURT WAS REVIEWING THE ORDER FICED FIVE…
18-6969 Brandon Bivins v. United States Eleventh Circuit 2018-12-10 Denied Response WaivedIFP appeal appellate-procedure constitutional-rights due-process eleventh-circuit judicial-review prior-panel-precedent prior-panel-precedent-rule stare-decisis statutory-right statutory-right-to-appeal three-judge-panels Does the Eleventh Circuit too rigidly apply its "prior panel precedent rule" — effectively denying Eleventh Circuit defendants their statutory right t…
18-6938 Jarrod Phillips v. Rusty Washburn, Warden Sixth Circuit 2018-12-07 Denied Response WaivedIFP appeal appellate-procedure boykin-precedent boykin-v-alabama civil-rights constitutional-review constitutional-rights criminal-procedure due-process eighth-amendment excessive-fines fourteenth-amendment incorporation ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining strickland-standard strickland-v-washington Whether the lower courts denial is contrary to this Honorable Supreme Court's holding in Boykin v. Alabama in the Plea matter. Whether the lower cour…
18-6946 Sergio Louis Trevino v. Texas Texas 2018-12-06 Denied Response WaivedIFP appeal appeal-rights constitutional-challenge criminal-procedure due-process plea-bargaining presentencing-waiver right-to-appeal sentencing sentencing-procedure waiver waiver-of-appeal waiver-validity Constitutionally, when a presentencing waiver of appeal is not bargained for in exchange for an agreed upon sentence, can that waiver be knowingly and…
18-6917 Rodolfo Portela v. United States Eleventh Circuit 2018-12-04 Denied Response WaivedIFP appeal competency-hearing conspiracy controlled-substance controlled-substances criminal-procedure criminal-procedure-sentencing drug-conspiracy drug-trafficking evidence-suppression firearm-possession sentencing sentencing-guidelines sufficiency-of-evidence 1. Whether The District Court, Erred When It Found That There was Sufficient Evidence That the Appellant had Committed the Acts Alleged in Count I, Co…
18-6790 Clarence Otworth v. Donald J. Trump, President of the United States District of Columbia 2018-11-27 Denied Response WaivedIFP administrative-law appeal appeals civil-procedure constitutional-rights equal-protection federal-jurisdiction final-order jurisdiction notice-of-appeal oath-of-office presidential-nonfeasance standing I. Is an appeal of a final order and a notice of appeal the same thing? Did Judge Cooper have the authority to send plaintiff's dismissed case to a c…
18-6838 Alvin Leon Roundtree v. United States Fifth Circuit 2018-11-27 Denied Response WaivedIFP appeal appellate-procedure civil-procedure civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pro-se section-2255 sixth-amendment standing Whether the district court's failure to construe Mr. Roundtree's pro se motion for specific performance as a motion to vacate under 28 U.S.C. §2255 - …
18-6696 Octavio Torres Ortega v. Pam Bondi, Attorney General of Florida Eleventh Circuit 2018-11-16 Denied IFP appeal criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal motion-to-suppress public-defender speedy-trial trial-counsel witness-credibility QUESTION ONE DID THE TRIAL COURT ERR IN DENYING A JUDGMENT OF ACQUITTAL QUESTION TWO WAS APPELLATE COUNSEL WAS INEFFECTIVE IN THE APPEAL PROCESS QUE…
18-6716 Jerry Walker, aka Jerry Richmond v. United States Seventh Circuit 2018-11-16 Denied IFP appeal appellate-procedure appellate-review circuit-court conviction conviction-reversal conviction-vacatur criminal-procedure double-jeopardy due-process judicial-review jurisdiction legal-preclusion sentencing superseding-indictment Whether The Seventh Circuit Contravened The Holding Of Griffith By Concluding That Booker And Pepper Were NOT Retroactive To The Petitioner's Case Wit…
18-6700 Michael DePietro v. Allstate Insurance Co., et al. New Jersey 2018-11-14 Rehearing Response WaivedRelisted (2)IFP appeal case-law civil-procedure civil-rights court-procedure due-process equal-protection fair-trial judicial-bias legal-reconsideration motion-denial new-trial reconsideration standing trial-fairness Judge Jose Fuentes his opinions of my case are all denials. The first one on October 26, 2015 he denied me case law. Then on October 20, 2017 he denie…
18-6677 Clarence Darnell Marshall v. United States Eleventh Circuit 2018-11-13 Denied Response WaivedIFP 5th-amendment appeal booker-standard career-offender certificate-of-appealability due-process eleventh-circuit rule-of-lenity sentencing sentencing-guidelines vagueness 1. Whether the Eleventh Circuit applied a heightened standard to the Defendant's request for Certificate of Appealability in violation of the Supreme …
18-6619 Dominic C. Robinson v. Mississippi Mississippi 2018-11-08 Denied Response WaivedIFP but the text you've provided appears to be incomp comprehensible text of a SCOTUS petition garbled I cannot extract a meaningful question presented I will respond with: 'Question not identified." or unreadable. Without a clear appeal civil-rights criminal-procedure due-process evidence exculpatory-evidence jury-instructions miranda-rights standing Question not identified.
18-6592 Andres Pavon v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-11-07 Denied IFP 5th-amendment appeal appeals castro-v-united-states criminal-procedure due-process eleventh-circuit fifth-amendment habeas-corpus lee-v-us padilla-v-kentucky sentencing standing Were this Petitioner's Fifth Amendment rights according to the United States Constitution violated by the United States Court of Appeal for the Eleven…
18-6601 Stefone Dwayne Palomo v. United States Fifth Circuit 2018-11-07 Denied Response WaivedIFP anders-review appeal appeal-rights appellate-review due-process fifth-circuit-rules frivolous frivolous-issues ineffective-assistance local-rules merits right-to-appeal sua-sponte-dismissal I. Does Petitioner's right to an appeal require either a decision on the merits or an Anders review with a finding that all issues are frivolous? II.…
18-6545 Frankie Calanche Lopez v. California California 2018-11-02 Denied IFP appeal criminal-intent criminal-law criminal-procedure due-process intent intent-element mens-rea opportunistic-crime robbery robbery-intent statutory-interpretation Does it matter. Appeal's Court Judge States It Consequently, whether defendant intended to commit robbery from the moment he first approached or punce…
18-6555 Lester Barnett v. City of Gastonia, North Carolina Fourth Circuit 2018-11-02 Denied IFP 14th-amendment 5th-amendment 6th-amendment appeal constitutional-violation due-process judicial-proceedings record record-preservation the Judinal proceedi Ng in violation of Due Process of 14 ThAmendment ot the United StAtes IAW of the5Th 6 Th And CoNstitutioN. WAs it uNcoNstitutioN…
18-569 Linda Shao v. Tsan-Kuen Wang California 2018-10-31 Denied Relisted (2) appeal child-custody civil-procedure conflicts-of-interest constitutional-rights dismissal due-process fraud judicial-misconduct procedural-irregularities rule-8.57 Does due process require reversal of the dismissal where the court fraudulently concealed dismissal and knowingly dismissed the appeal with false grou…
18-6450 Justen Russell v. LaShann Eppinger, Warden Sixth Circuit 2018-10-26 Denied Response RequestedResponse WaivedRelisted (3)IFP 28-usc-2244 aedpa aedpa-limitations appeal appellate-rights diligence due-process equitable-tolling habeas-corpus mental-health-confinement mental-illness right-to-appeal state-created-impediment I. DOES THE COMPLETE FAILURE TO ADVISE OF HIS RIGHT TO APPEAL AND THE FAILURE OF A DEFENDANT "STATE IMPEDIMENT" SUFFICIENT TIME PERIOD IN WHICH TO TOL…
18-521 Simpson Juan v. Jneso District Council 1, et al. Third Circuit 2018-10-19 Denied appeal appellate-review civil-procedure final-judgment judicial-certification multiple-claims multiple-parties remand rule-54b If a district court certifies in response to a I.R.C.P. 54(b) remand that one of the judgments in a multiple party/multiple claim action has remained …
18-6341 John William Lieba, II v. United States Ninth Circuit 2018-10-16 Denied Response WaivedIFP appeal appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence jury legal-standard standard-of-review sufficiency-of-evidence WHETHER, SUFFICIENT EVIDENCE EXISTED TO CONVICT MR. LIEBA?
18-6313 Lacoya Washington v. United States Fifth Circuit 2018-10-12 Denied Response WaivedIFP appeal conviction criminal-evidence criminal-law due-process evidence judicial-discretion sentencing sex-trafficking trial trial-severance Whether there was sufficient evidence presented at trial to convict Lacoya Washington of the sex trafficking crime. Whether the Honorable Trial Court…
18-425 Alvin E. Williams, et ux. v. Superior Court of California, Los Angeles County, et al. California 2018-10-03 Denied Response Waived appeal civil-procedure civil-rights consumer-protection consumer-warranty-act court-of-appeals due-process fraud fraud-upon-court judgment rico rico-violation song-beverly-consumer-warranty-act superior-court Did the Court of Appeals Second Appellate District Affirm the Judgment of the Superior Court of Los Angeles Mark V. Mooney Judge in favor of Petitione…
18-6180 Brian Deronceler v. United States Eleventh Circuit 2018-10-02 Denied Response WaivedIFP appeal appellate-review criminal-conviction criminal-procedure district-court due-process eleventh-circuit insufficient-evidence judgment-of-acquittal motion-for-acquittal sentencing sentencing-errors sufficiency-of-evidence I. CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED DERONCELER'S CONVICTIONS WHERE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT DER…
18-6118 Martin Jonassen v. J. T. Shartle, Warden Ninth Circuit 2018-09-27 Denied Response WaivedIFP 4th-circuit appeal appeal-procedure appealable-order civil-procedure district-court due-process final-order judicial-review standing 1. Does the 4th Gia (See ated 6-26-18 ode) Bletantly Fry /, Violate Dve Process \ ER. i" Stating hat movacits Appeal. (9#hGie i8-15404) From District …
18-6083 Jesus Manuel Laureano-Perez v. United States First Circuit 2018-09-24 Denied Response WaivedIFP appeal appellate-review criminal-procedure district-court-discretion due-process government-prosecution plea-agreement sentencing sentencing-enhancement sentencing-guidelines standard-of-review uncharged-conduct Should a writ of certiorari be granted to determine whether the district court erred in enhancing Laureano's sentence based on uncharged conduct not c…
18-6057 Omar Sosa-Gonzalez v. United States First Circuit 2018-09-21 Denied Response WaivedIFP appeal criminal-procedure due-process exclusionary-rule first-circuit fourth-amendment probable-cause search-and-seizure sentencing standing statutory-interpretation Question not identified.
18-6069 Joel Cadena v. United States Fifth Circuit 2018-09-21 Denied Response WaivedIFP appeal case-holding circuit-split criminal-procedure due-process habeas-corpus legal-deferral pending-litigation petition-for-writ sentencing statutory-interpretation stay supreme-court supreme-court-review Whether this Court should hold the instant Petition until the resolution of Stokeling v. United States, 138 S.Ct. 1438 (April 2, 2018), and/or United …
18-6047 Leo Llowlyn Seed v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-09-20 Denied IFP alibi appeal charging-information civil-rights constitutional-rights criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions trial-counsel verdict-form witness-investigation Whether Trial Counsel was ineffective for failing to object to incomplete Jury instructions Whether Trial Counsel failing to object to the Alibi And …
18-6051 John Phillip Bender v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-09-20 Denied Response WaivedRelisted (2)IFP abuse-of-discretion aedpa-limitations appeal certificate-of-appealability civil-rights constitutional-claims due-process habeas habeas-corpus habeas-review prima-facie-innocence rule-60b standing Did the lower court clearly err abusing its discretion applying certificate of appealability ("COA") law outside Constitutional bounds, with no clear …
18-361 Lael J. Alleyne v. Pennsylvania Pennsylvania 2018-09-19 Denied appeal appellate-review criminal-law criminal-procedure due-process imperfect-self-defense jury-instructions manslaughter self-defense supreme-court-pennsylvania trial-court-error voluntary-manslaughter Whether the Supreme Court of Pennsylvania erred in denying a Petition for Allowance of Appeal despite the trial court's improper exclusion of voluntar…
18-6041 Robert Burse v. United States Fifth Circuit 2018-09-19 Denied Response WaivedIFP appeal appellate-review criminal-procedure cross-reference district-court error firearms-offense review sentencing-guidelines u.s.s.g.-§-2k2.1(c)(1)(a) u.s.s.g.-2k2.1(c)(1)(a) Whether the district court erred by applying the Sentencing Guidelines cross reference under U.S.S.G. § 2K2.1(c)(1)(A).
18-6002 David Librace v. Deborah Helton Wright, et al. Eighth Circuit 2018-09-17 Denied IFP appeal civil-procedure civil-rights due-process eighth-circuit federal-jurisdiction legal-notice procedural-defect remand service-of-process standing summary-judgment The Lower Court erred when act over~ 4 aq Symmery Wdomert ™ winch Resend ents A Hornt y Vyle Sten knew fhe Semmens Se dsement WLS [s5ved 15 led Let…
18-5996 Gene Lemay Barris v. United States Eighth Circuit 2018-09-14 Denied Response WaivedIFP appeal criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment habeas-corpus ineffective-assistance-of-counsel sentencing unreasonable-sentence 1.How ion a sentencing Coust sentenct a defeadent cutside of the Gui delines orainally out lindd in Tue defendents pka @gret moat. Dots 2. Hou Or can…
18-320 CEH Energy, LLC, et al. v. Kean Miller, LLP, et al. Fifth Circuit 2018-09-12 Denied Response Waived appeal appeals appellate-deadline circuit-split civil-procedure judicial-procedure motion-to-alter new-grounds rule-59(e) rule-59e successive-motions tolling tolling-provision Rule 59(e) establishes a party's right to file a motion to alter or amend a judgment. Other circuits have held, where a Rule 59(e) motion is filed to …
18-5929 David T. Odom v. United States Fourth Circuit 2018-09-12 Denied Response WaivedIFP appeal conditional-plea conditional-plea-agreement criminal-procedure district-court due-process federal-appeals-court fourth-circuit plea-agreement standard-of-review statute-of-limitations Whether a defendant can make a knowing and voluntary decision under a conditional plea agreement when, believing he is preserving his Motion to Dismis…
18-5956 James E. Whitney v. Arkansas Arkansas 2018-09-12 Denied Response WaivedIFP appeal civil-procedure civil-rights criminal-procedure due-process evidence patent search-and-seizure standing takings 1) Coran Vobis vs. Coram Nobis - Civil vs. Criminal 2) Is The Originating Court Ever Divested Of Jurisdiction To Review its Own Judgments For Abuse A…
18-5934 Deborah M. Wagner v. United States Fourth Circuit 2018-09-11 Denied Response WaivedIFP appeal civil-procedure criminal-appeal criminal-law criminal-procedure district-court-jurisdiction due-process mandatory-victim-restitution-act mvra plea-agreement restitution restitution-order sentencing statutory-authority statutory-interpretation I. Whether the United States Court of Appeals erred in granting the Government's Motion to Dismiss the Petitioner's Appeal?
18-5846 Dustin Xavier Wilkins, aka Dxavier Wilkins, aka Xavier Wilkins, aka Chosen Wilkins v. United States District of Columbia 2018-08-30 Denied Response WaivedIFP 6th-amendment appeal court-appointed-counsel criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sentencing sentencing-hearing I. Whether this Court should grant certiorari to determine whether the Petitioner should have been allowed to withdraw his guilty plea based on ineffe…
18-5810 Laureano Chirino Rivera v. United States Eleventh Circuit 2018-08-29 Denied Response WaivedRelisted (2)IFP appeal civil-rights constitutional-rights criminal-procedure due-process evidence government-error government-misconduct judicial-error sentencing sentencing-enhancement standing VIOLATION OF ALL CONSTITUTIONAL RIGHTS ILLEGAL SENTENCE AND DETAINED THE DISTRICT COURT AND THE GOVERNMENT ERRED BY NOT EVIDENCE OR ARGUMENTS AT SENTE…
18-5826 John C. Carter v. Antoine Caldwell, Warden Eleventh Circuit 2018-08-29 Denied Response WaivedIFP appeal appellate-procedure civil-rights constructive-denial-of-counsel criminal-appeal criminal-procedure critical-stage-of-appeal due-process equal-protection habeas-corpus ineffective-assistance-of-counsel right-to-counsel state-criminal-trial-court state-law-limitations Number One = Is the hiatus between the termination of a criminal jury trd and the begining of an aecal e citical stage of crininal froeeding in the 5…
18-5756 Shondolyn Rochelle Blevins v. United States Fifth Circuit 2018-08-24 Denied Response WaivedIFP appeal constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-instructions I) Did the District Court abuse its discretion when it denied the Petitioner's 2 USC. 2255 Motion without an Evidentiary hearing? Has the denial of a…
18-5720 Alan Bartlett v. Susanna C. Pineda, Judge, Superior Court of Arizona, Maricopa County, et al. Arizona 2018-08-23 Denied Relisted (2)IFP 14th-amendment 5th-amendment appeal civil-rights criminal-procedure double-jeopardy due-process fifth-amendment Whether Respondent Judge Jusonno C Pineda abused discretion denying Petitioner Bortlett's motion Violtion of his ShusCA ind ythUsCA mendment rights un…
18-227 Justin Michael Wolfe v. Virginia Virginia 2018-08-22 GVR Response RequestedResponse WaivedRelisted (2) appeal appellate-review class-precedent class-v-united-states constitutional-authority constitutional-law criminal-procedure criminal-procedure-plea-bargaining double-jeopardy due-process guilty-plea plea-bargaining state-court state-court-appeals vindictive-prosecution Whether, in light of Class, a guilty plea in state court waives the right to raise on appeal the constitutional authority of the State to prosecute ba…
18-5701 Stephen Aguiar v. United States Second Circuit 2018-08-22 Denied Response WaivedIFP appeal coram-nobis criminal-conviction criminal-procedure due-process federal-court federal-courts fifth-amendment habeas-corpus second-circuit-dismissal sentence sentencing-appeal writ-of-error-coram-nobis DID THE SECOND CIRCUIT ERR BY DISMISSING PETITIONER'S APPEAL WHEN ITS DISMISSAL RESTS ON A BOILERPLATE ORDER STATING ONLY THAT 'PETITIONER'S APPEAL LA…
18-5647 Jeremy R. Mares v. Illinois Illinois 2018-08-20 Denied Response WaivedIFP appeal appellate-review constitutional-representation conviction criminal-procedure direct-appeal due-process felony-conviction ineffective-assistance ineffective-assistance-of-counsel property-recovery right-to-counsel sentence summary-motion Whether counsel appointed in a direct appeal from a felony conviction provides constitutionally sufficient representation where he files an unopposed …
18-5651 Samuel W. Swoopes v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2018-08-20 Denied Response WaivedIFP appeal constitutional-law criminal-procedure defendant defendant-exclusion due-process ex-parte jury jury-question mid-deliberation sixth-amendment 1. Does it violate Due Process and the Sixth Amendment to exclude a defendant from the court's consideration and answering of a jury question? 2. Did…
18-214 Tawoos Bazargani v. Latch's Lane Owners Association, et al. Pennsylvania 2018-08-17 Denied appeal civil-procedure civil-rights constitutionality court-dismissal due-process judicial-process judicial-review legal-entitlement legal-threat medical-leave obstruction-of-justice respondent-intimidation retaliation standing threat threat-of-harm trial-entitlement IS PETITIONER ENTITLE OF THE TRIAL OF THE ABOVE IDENTIFIED CLAIM? BECAUSE PETITIONER HAS LONG BEEN A VICTIM OF THE ABOVE IDENTIFIED RESPONDENT AND SUB…
18-5623 Garland E. Williams v. United States, et al. Fifth Circuit 2018-08-16 Denied Response WaivedIFP appeal appeals appellate-rules circuit-court-procedure civil-procedure due-process harmless-error motion-practice motion-rules notice notice-service panel-assignment standing Whether inadvertent failure Circuit Court Panel Assignment and failure notice service of all alleged court contending deficiencies notices conflict di…
18-5540 Darnell Rush v. Randee Rewerts, Warden Sixth Circuit 2018-08-14 Denied Response WaivedIFP appeal appellate-review criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel jury-instructions motion-for-new-trial sufficiency-of-evidence Is Defendant-Appeallant Entied Fo A New Trial where The Trial lourt Erred In Faiing To Suppress His Statement ? Is Defendant-Appeallant Entited to is…
18-5578 Antonio U. Akel v. United States Eleventh Circuit 2018-08-13 Denied Response WaivedRelisted (2)IFP appeal appellate-procedure civil-rights constitutional-violation criminal-procedure direct-appeal due-process exceptional-injustice federal-rules-of-appellate-procedure ineffective-assistance judicial-error right-to-counsel sixth-amendment standing supervisory-authority 1.) WIETHER THE UNDISPUTED AND CLEAR VIOLATION OF AN APPELLANTS SIXTH AMENDMENT RIGHT TO THE ASSISTANCE OF COUNSEL .ON DIRECT APPEAL IS AN EXCEPTIONAL…
18-5547 Jose Estrada-Corrales v. United States Fifth Circuit 2018-08-10 Denied Response WaivedIFP 18-usc-3553 appeal certiorari criminal-procedure due-process federal-appeals remand retroactivity sentencing sentencing-guidelines supreme-court Should this Court grant certiorari, vacate the judgment, and remand in light of Chavez-Meza v. United States, __U.S.__, 138 S.Ct. 1959 (June 18, 2018)…
18-5477 Thomas Ebron v. Karen D. Brown, Chair, Virginia Parole Board, et al. Fourth Circuit 2018-08-07 Denied IFP 42-usc-1983 appeal appeals appellate-review civil-procedure civil-rights district-court due-process federal-procedure legal-access standing statutory-interpretation 1. Has the U.s. Court of Appeals abused its discretion and Committed reversable error in dismissing Ebroni's 42 U.s.C. 5 1983, Appeal, finding no reve…
18-5469 Chad Allen Dorton v. United States Sixth Circuit 2018-08-06 Denied Response WaivedIFP appeal appellate-review criminal-procedure district-court due-process judicial-discretion obstruction-of-justice offense-enhancement sentencing-guidelines sixth-amendment standard-of-review Did the district court err in applying the sentencing guidelines offense enhancement for obstruction of justice?
18-5457 Michael Allyn Kennedy v. Texas Texas 2018-08-03 Denied IFP appeal conviction criminal-procedure due-process habeas-corpus indictment jury-trial notice sixth-amendment trial The trial Couat had no Chorge OR offense no Reading without a dofe to impose a Conviction 247 Could convict Indctment and no JuRd of an wifhout a date…
18-5459 Zachary David Warnell v. Texas Texas 2018-08-03 Denied IFP appeal appeals appellate-procedure constitutional-rights criminal-procedure douglas-v-california due-process effective-assistance-of-counsel equal-protection evitts-v-lucey ineffective-assistance pro-se-representation right-to-counsel CAN A STATE, SUCH AS THE STATE OF TEXAS, WHICH HAS AN ESTABLISHED SYSTEM OF APPEAL WITH THE CONSTITUTIONAL GUARANTEE OF APPELLATE COUNSEL WITH AN ADEQ…
18-5463 Michael Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-03 Denied IFP appeal civil-procedure due-process filing-of-record notice opportunity-to-be-heard response right-to-be-heard sanction sanctions DUE prOceSS petitrone Reqvires that a4t Sanetroned be notice where PRovided be Rights to heard entened and ond a the COURt when the sinctioned wus ent…
18-5366 Ronald David Martin v. Tony Trierweiler, Warden Sixth Circuit 2018-07-26 Denied Relisted (2)IFP appeal confrontation-clause criminal-procedure evidence-admissibility ineffective-assistance ineffective-assistance-of-counsel motion-to-introduce-evidence rape-shield-statute right-to-present-defense trial-court-discretion WHETHER PETTTIONER WAS DEPRIVED OF HIS RIGHT TO CONFRONT WITNESSES, HIS RIGHT TO PRESENT A DEFENSE, AND HIS RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNS…
18-5369 Baboucar B. Taal v. St. Mary's Bank, et al. First Circuit 2018-07-26 Denied Response WaivedIFP 28-usc-455 appeal conflict-of-interest conflicts-of-interest due-process equal-protection fair-adjudication federal-claims judicial-ethics judicial-recusal recusal May a party who is denied Fair and Impartial adjudication of his (federal) claims, deprived of his basic due process and equal protection rights, in a…
18-105 Modesta R. Sabeniano v. Citibank, N.A., et al. Second Circuit 2018-07-24 Denied Response WaivedRelisted (2) appeal appeal-dismissal civil-procedure civil-rights constitutional-rights due-process evidence fourteenth-amendment judicial-review perjury Whether petitioner Sabeniano was denied her constitutional right to due process when the Court of Appeals dismissed her appeal without giving her the …
18-5299 Derek Antonio Smith v. North Carolina North Carolina 2018-07-23 Denied Response WaivedIFP appeal civil-procedure civil-rights criminal-procedure due-process evidence sentencing standing transcripts If the tIh exually? . Grounds for dismissal of my caseywere brought dn y trial by the district attorney due to the lack of widence. The Judge denied i…
18-5280 Patrick Lanier v. United States Fifth Circuit 2018-07-20 Denied Response WaivedRelisted (2)IFP appeal criminal-procedure eighth-amendment fifth-circuit judicial-proceedings judicial-review manifest-miscarriage plain-error plain-error-review restitution rule-52b sentencing sentencing-error 1. In Puckett v. United States, 556 US 129, 135 (2009) this Court held that under the fourth prong of plain error review, "[t]he Court of Appeals shou…
18-5287 Luis Salas v. United States Eleventh Circuit 2018-07-20 Denied Response WaivedIFP appeal appellate-review certificate-of-appealability criminal-conviction due-process eleventh-circuit habeas-corpus ineffective-assistance-of-counsel motion-to-vacate sentencing standard-of-review Whether the trial and appellate court erred in denying Petitioner's Motion for Certificate of Appealability?
18-5294 Herbert Pridgen v. United States Fourth Circuit 2018-07-20 Denied Response WaivedIFP adjudication appeal appellate-procedure appellate-review circuit-court-error civil-procedure criminal-procedure due-process ineffective-assistance-of-counsel insufficient-judgment judicial-review jurisdiction legal-adjudication procedural-defect sentencing 1. Did the Circuit Court error in its opinion when it failed to properly address the four issues raised on appeal for adjudication giving a insufficen…
18-5208 In Re Gregory Bartunek 2018-07-11 Denied IFP appeal civil-rights detention-order due-process habeas-corpus speedy-trial standing Question not identified.
18-5209 Michael Barrett v. United States Fifth Circuit 2018-07-11 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-procedure attorney-client-relationship conflict-of-interest constructive-denial-of-counsel impermissible-risk ineffective-assistance-of-counsel judicial-discretion professional-ethics professional-responsibility right-to-counsel standard-of-review Does it create a conflict of interest for a lawyer to have to argue on appeal that the trial court should have replaced him? Can this create an imperm…
18-5184 Ahmad Sayed Hashimi v. United States Fourth Circuit 2018-07-10 GVR IFP appeal criminal-defense criminal-procedure due-process harmless-error ineffective-assistance-of-counsel right-to-counsel right-to-maintain-innocence sixth-amendment supreme-court-precedent trial-strategy Whether the case of United States v. Ahmad Hashimi, (No. 16-4846 - Fourth Cir.) should be remanded for review and decision by the Fourth Circuit Court…
18-5168 Jose Palacios, Jr. v. United States Fifth Circuit 2018-07-09 Denied IFP appeal appellate-review circuit-split criminal-procedure criminal-sentencing de-novo-resentencing due-process remand remand-rule resentencing sentencing sentencing-guidelines The Fifth Circuit, and two other circuits, have interpreted the mandate rule in a "restrictive" or "waiver" approach, meaning that when a case is rema…
18-5162 Ellord Wells v. Mary Potter, Warden Sixth Circuit 2018-07-06 Denied Response WaivedIFP due-process guilty-plea mandatory-sentence sixth-amendment trial-court appeal constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mandatory-sentence sentencing sixth-amendment Whether appellate counsel rendered ineffective assistance by not arguing that the trial court failed to inform the appellant of the mandatory nature o…
18-5141 Taylor Don Frederiksen v. Texas Texas 2018-07-05 Denied IFP appeal appellate-procedure collateral-consequences court-standards criminal-procedure due-process ineffective-assistance judicial-review legal-argument prejudice procedural-rules right-to-appeal right-to-counsel state-court-procedures state-court-rules Should Mr. Frederiksen continue to suffer and collateral legal consequences from his uncounseled conviction, when the lower state courts fail to compl…
18-5098 Thaddeus Williams v. Cindi S. Curtin, Warden Sixth Circuit 2018-07-03 Denied Response WaivedIFP appeal certificate-of-appealability district-court-review due-process equitable-tolling habeas-corpus procedural-timeliness statutory-tolling WHETHER THE DISTRICT COURT CORRECTLY DETERMINED THAT PETITIONER'S HABEAS CORPUS PETITION WAS. UNTIMELY; WHETHER THE BLANKET DENIAL OF. HIS MOTION FOR …
18-5044 Laurenano Angulo Riascos v. United States Eleventh Circuit 2018-07-02 Denied Response WaivedIFP appeal appellate-procedure certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance section-2255 sixth-amendment 1. Whether the Court of Appeals for the Eleventh Circuit erred when it denied Petitioner's petition for issuance of a certificate of appealability to …
18-5027 Mark O. Wright v. Virginia Virginia 2018-06-28 Denied Response WaivedIFP appeal criminal-defendant criminal-procedure double-jeopardy due-process judgment-enforcement legal-procedure lesser-included-offense sentencing sixth-amendment state-supreme-court void-ab-initio void-judgment 1. Can a state Supreme Court enforce a judgment against a criminal defendant for an offense that was never charged and which was not a lesser included…