appellate-discretion

8 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-762 Sam Silverberg v. District of Columbia, et al. District of Columbia 2024-01-17 Denied Response Waived appellate-discretion constitutional-challenge constitutional-challenges exclusive-jurisdiction federal-jurisdiction property-rights state-revenues subject-matter-jurisdiction tax-assessment tax-assessments Whether the exclusive jurisdiction to shield local tax assessments from constitutional challenges in a federal court to protect state revenues can be …
23-57 Julio Yee Cabrera, et al. v. Enrique Lozano, et al. Ninth Circuit 2023-07-21 Denied appellate-discretion attorney-fees circuit-court-procedure civil-procedure due-process judicial-discretion judicial-reasoning judicial-transparency legal-reasoning procedural-review standing transparency Whether a U.S. Court of Appeals panel has unfettered discretion in every matter (outside of a small number of statutory exceptions) to withhold all in…
22-7096 Appellant 1 and Appellant 2 v. United States Fifth Circuit 2023-03-24 Denied Response WaivedIFP appellate-discretion appellate-procedure breach constitutional contract-interpretation cooperation-agreement crime-of-violence judicial-review sentencing sentencing-guidelines Was it unconstitutional and improper for the Fifth Circuit to rely on the government's newly argued application of an undefined contract provision to …
22-5143 Malia Arciero v. United States Ninth Circuit 2022-07-20 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion appellate-discretion compassionate-release criminal-justice federal-statute judicial-review motion-reconsideration reconsideration sentencing sentencing-modification Whether the United States Court of Appeals for the Ninth Circuit abused its discretion in denying Arciero's Motion for Compassionate Release Under 18 …
21-523 Damon Simon, et ux. v. Roche Diagnostics Corporation Fifth Circuit 2021-10-08 Denied Response Waived appellate-discretion appellate-procedure certification civil-procedure court-of-appeals discretion judicial-procedure legal-review standard-of-review state-law state-law-certification 1. Whether the court of appeals applied an improper standard of review in exercising its discretion when ruling on the Simons' request to certify the …
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 …
20-5466 John Eldridge Cone, Jr. v. Janet Dowling, Warden Tenth Circuit 2020-08-24 Denied IFP appellate-discretion circuit-split constitutional-claim constitutional-claims factual-innocence habeas-corpus habeas-petition harmless-error ineffective-assistance-of-counsel ineffective-counsel When a petitioner supplements his Constitutional claim on appeal with a colorable showing of factual innocence that was not raised in his habeas petit…
24A729 Cyrus Mark Sanai v. Melanie J. Lawrence, et al. Ninth Circuit Denied appellate-discretion judicial-procedure litigation-strategy mandate-recall ninth-circuit pro-se Question not identified.