appellate-rights

50 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-871 Glenn Allen Brooks v. United States District of Columbia 2026-01-22 Pending Response Waived appellate-rights burdick-precedent criminal-procedure due-process fifth-amendment presidential-pardon 1. Whether a Presidential pardon automatically moots a pending appeal when the defendant has clearly expressed his intent to reject or refuse the pard…
25-6533 Arthur Raffy Aslanian v. United States Ninth Circuit 2026-01-09 Pending IFP appeal-waiver appellate-rights criminal-procedure due-process fifth-amendment post-trial-agreement Whether a post-trial waiver of appeal is unknowing and involuntary, and therefore invalid under the Fifth Amendment, where petitioner was not fully ad…
25-6500 Anita Bryant v. Estate of Laura J. Bryant Seventh Circuit 2026-01-07 Pending IFP appellate-rights court-of-appeals in-forma-pauperis judicial-discretion meritorious-claim procedural-dismissal 1. Whether the United States Court of Appeal Seventh Circuit abused its discretion by improperly dismissing an In Forma Pauperis (I FP) action as friv…
25A591 Nadarius Barnes v. United States Tenth Circuit 2025-11-19 Application appellate-rights circuit-split criminal-procedure guilty-plea plea-agreement waiver Whether, by entering an unconditional guilty plea, a defendant waives his right to appeal the conviction on the basis that the conduct admitted in the…
25-6164 Shannon Bernard Jackson v. Texas Texas 2025-11-19 Denied IFP anders-brief appellate-rights criminal-procedure due-process fourteenth-amendment pro-se-brief QUESTION No. 1: Is a criminal defendant deprived of his rights under the Fourteenth Amendment to the United States Constitution to file a pro se brief…
24A1042 Leroy Thomas Joyner, Jr. v. United States Eleventh Circuit 2025-04-28 Denied appellate-rights direct-appeal due-process exculpatory-evidence ineffective-assistance-of-counsel trial-transcripts Question not identified.
24A388 Celanese International Corporation, et al. v. International Trade Commission Federal Circuit 2024-10-22 Presumed Complete administrative-proceeding appellate-rights corporate-review federal-circuit international-trade trade-law 1. This case presents an important statutory-interpretation question of first impression: whether, under the Leahy-Smith America Invents Act ("AIA"), …
23-7779 Nalerton Charles v. United States Second Circuit 2024-06-21 Denied Response WaivedIFP appellate-rights congressional-intent constitutional-rights due-process judicial-review plea-bargaining prosecutorial-discretion public-policy Whether the time has come for this Court to exercise supervision over the everexpanding prosecutorial practice of requiring defendants to give up thei…
23-7683 Keon Lamont Lee v. United States Sixth Circuit 2024-06-11 Denied Response WaivedIFP appellate-rights circuit-split criminal-procedure due-process guilty-plea guilty-plea-withdrawal plea-bargaining plea-withdrawal sentencing sixth-circuit Should a district court grant a pre-sentencing motion to withdraw a guilty plea if that plea was made without full knowledge of its consequences?
23-7542 Anthony Obute v. United States Fifth Circuit 2024-05-22 Denied Response WaivedIFP appellate-rights appellate-waiver controlled-substance criminal-procedure pharmacy-operations plea-agreement sentencing-enhancement statutory-interpretation Does a defendant's waiver of appellate rights in a plea agreement, which explicitly reserves the right to challenge the constitutionality of a statute…
23A895 Daniel Hess, aka Jason Hess v. United States Eighth Circuit 2024-04-08 Presumed Complete administrative-obstruction appellate-rights due-process inmate-grievance legal-access prison-lockdown Question not identified.
23A541 Carl Ray McNeil, Jr. v. United States Fourth Circuit 2023-12-13 Presumed Complete appellate-rights constitutional-review criminal-procedure due-process federal-criminal-law fourth-circuit Whether the ACCA's different-occasions element must be found by a jury rather than a sentencing judge.
23A464 Ryan Thornton v. Wisconsin Wisconsin 2023-11-22 Denied appellate-rights attorney-malpractice constitutional-due-process ineffective-assistance pro-se right-to-counsel Question not identified.
23A385 Wayne M. English v. Parcel Express, Inc. Texas 2023-10-30 Presumed Complete appellate-rights court-access judicial-review pro-se-litigation procedural-due-process statutory-interpretation Question not identified.
22-7563 Joseph I. Wilkes v. Ohio Ohio 2023-05-16 Denied Response WaivedIFP appellate-procedure appellate-rights constitutional-rights delayed-appeal due-process equal-protection fifth-amendment fourteenth-amendment plain-language trial-court-jurisdiction Question I: Whether the Fifth and Fourteenth Amendment Constitution were violated whento the United States request for delayed appeal was denied for a…
22-7553 Ivory Joe Tisdale v. United States Fourth Circuit 2023-05-15 Denied Response WaivedIFP appellate-rights constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver DOES IT VIOLATE DUE PROCESS FOR A DEFENDANT TO BE REQUIRED TO WAIVE HIS RIGHT TO APPEAL IN ORDER TO ENTER INTO AN OTHERWISE FAVORABLE PLEA AGREEMENT W…
22-7339 Holly Harvey v. Georgia Georgia 2023-04-20 Denied Response WaivedIFP 14th-Amendment appellate-rights criminal-appeals criminal-procedure due-process georgia-courts habeas-corpus ocga-5-6-35 post-conviction-remedies In Dougherty v. State, 315 Ga 188, 880 SE2d 523 (2023), the Supreme Court of Georgia admitted they have erroneously referred pro se litigants to pursu…
22-6537 Miguel Murillo-Ramos v. United States Ninth Circuit 2023-01-13 Denied Response WaivedIFP appellate-rights civil-procedure corollary-right decision due-process federal-appeal judicial-review legal-remedy procedural-fairness standing Whether, as a matter of due process, the federal right to appeal encompasses a corollary right to a decision.
22-390 Shahrouz Jahanshahi v. Superior Court of California, Los Angeles County, et al. California 2022-10-26 Denied Response Waived appellate-rights attorney-fees attorneys-fees civil-procedure due-process equal-protection judicial-sanction limited-jurisdiction rule-of-law sanctions (1) Can a limited jurisdiction court of California award attorneys' fees in excess of its jurisdictional limit of $10,000.00? (2) Is it justified to …
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…
21-7914 Andres Santana v. Court of Appeal of California, Second Appellate District California 2022-05-19 Denied Response WaivedIFP appellate-rights board-of-regents civil-rights due-process equal-protection habeas-corpus people-v-wende pro-se-brief state-created-liberty-interest wende-procedure 1. is a California Penal Code §1237 (b) appeal from "any order made after judgment, affecting the substantial rights of the party," a state created …
21-7640 Ramel General v. United States Second Circuit 2022-04-18 Denied Response WaivedIFP appellate-rights circuit-precedent criminal-procedure due-process judicial-review legal-precedent procedural-challenge standard-of-review united-states-v-gomez-perez waiver waiver-enforcement Whether the Petitioner demonstrated that the waiver of his appellate rights is unenforceable under United States v. Gomez-Perez, 215 F.3d 315, 319 (2d…
21-6923 Raymond V. DiGiacomo v. Superior Court of California, City and County of San Francisco California 2022-01-20 Denied Response WaivedIFP ada-1990 appellate-rights court-funding disability-rights due-process judicial-conduct judicial-review legal-access procedural-technicalities reasonable-accommodation state-court-procedure Question not identified.
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(…
21-190 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…
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…
20-7999 David James Lola v. Miami Herald, Inc., et al. Eleventh Circuit 2021-05-12 Denied IFP access-to-courts appellate-rights civil-procedure constitutional-access court-procedure dismissal in-forma-pauperis judicial-review national-emergency post-conviction-relief procedural-default reconsideration Does due process dictate that in a Pro Se appeal to a final action should a clerk's entry of dismissal for failure to prosecute be set aside and an ap…
20-1356 Eduardo Lopez v. United States Eleventh Circuit 2021-03-25 Denied appellate-rights conflict-of-interest counsel-disqualification criminal-procedure disqualification guilty-plea sixth-amendment structural-defect wheat-v-united-states 1. Following Class v. United States, 138 S. Ct. 798 (2018), does a criminal defendant's guilty plea result in the automatic waiver of his right to app…
20-1323 Gregory Patmythes v. City of Madison, Wisconsin Seventh Circuit 2021-03-23 Denied appellate-rights civil-procedure clerk court-accessibility due-process electronic-filing federal-rules judicial-discretion pro-se-litigant procedural-failure standing Whether a pro se litigant who in good faith followed the procedure and practice of the district court when filing posttrial motion(s) can be penalized…
20-7507 Christopher Faella v. United States Eleventh Circuit 2021-03-18 Denied Response WaivedIFP 18-usc-2259 appellate-rights eighth-amendment plea-agreement restitution sentencing sentencing-appeal statutory-interpretation statutory-maximum waiver Whether a defendant's waiver in his plea agreement of the right to appeal his sentence -- unless it exceeds the statutory maximum penalty or violated …
20-1095 Darius Wayne Haws v. Idaho Idaho 2021-02-10 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) appeal-waiver appellate-rights constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment guilty-plea plea-agreement Whether a criminal defendant's purported waiver of the right to appeal in a plea agreement is knowing, intelligent, and voluntary—as required by the D…
20-1056 Justin Wolfe v. Virginia Virginia 2021-02-03 Denied Response RequestedResponse WaivedRelisted (2) appellate-rights constitutional-authority criminal-procedure due-process federal-habeas forfeiture-rule plea-bargaining prosecutorial-misconduct vindictive-prosecution After petitioner Justin Wolfe obtained federal habeas relief because of "abhorrent" prosecutorial misconduct, the Commonwealth of Virginia vindictivel…
20-6890 Chong Leng Lee v. Wisconsin Wisconsin 2021-01-14 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-rights brady-violation court-reporter-act criminal-procedure dismissal due-process evidence-destruction fair-trial transcripts 1. IS DISMISSAL AVAILABLE TO REMEDY A BRADY VIOLATION AND ALSO DID CHONG ESTABLISH A BRADY VIOLATION THAT WARRANTS DISMISSAL? 2. DOES A YOUNGBLOOD VI…
20-6619 Pedro Carrasco, Jr., aka Pedro Carrasco v. United States Ninth Circuit 2020-12-14 Denied Response WaivedRelisted (2)IFP appellate-rights criminal-procedure dispositive-pretrial-motion effective-assistance-of-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-motion right-to-appeal sixth-amendment Is a criminal defendant deprived effective assistance of counsel as guaranteed by the Sixth Amendment when counsel knowingly withholds from the trial …
20-5862 Markey Antonio Goldston v. United States Fourth Circuit 2020-09-30 Denied Response WaivedIFP appeal-waiver appellate-rights constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-overreach plea-agreement plea-bargaining 1. IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT?
19-8776 Timothy W. Hatter v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-06-22 Denied IFP appellate-rights civil-rights constitutional-claims due-process federal-procedures habeas-corpus ineffective-assistance post-conviction-relief procedural-default standing state-court-review untimely-filing How cAn the court Deny HAtter His HabeAs Petition ASking For HiS diSeCt APpeAl rishtS bAcK When A DiveCt AppeAl iS A FundAmentAl constitutionAl Due Pr…
19-8572 Roland Chambers, aka Troy Chambers v. United States Fifth Circuit 2020-05-29 Denied Response WaivedIFP appellate-rights appellate-waiver collateral-relief criminal-sentencing judicial-integrity judicial-process plea-agreement plea-agreements sentencing-rights statutory-entitlement Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
19-8118 Wisconsin, ex rel. Joshua M. Wren v. Reed Richardson, Warden Wisconsin 2020-03-27 Denied Response WaivedIFP appellate-rights constitutional-rights due-process ineffective-assistance-of-counsel laches laches-doctrine postconviction-relief procedural-default right-to-appeal When trial counsel acts ineffectiveness in failing to initiate a requested appeal leaves a defendant without appellate counsel, can delays and misstep…
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…
19-7888 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…
19-6780 Darius Kinney v. Ohio Ohio 2019-11-29 Denied IFP appellate-procedure appellate-rights constitutional-rights due-process effective-counsel ineffective-counsel mail-box-rule ohio-appellate-rules sixth-amendment time-limitation time-limits A) Were Petitioner's Sixth Amendment rights violated when appellate counsel failed to: 1) Notify Petitioner (of his appellate rights) in a timely mann…
19-6615 Jayvonne Johnson v. United States Fifth Circuit 2019-11-13 Denied Response WaivedIFP appeal-rights appellate-rights appellate-waiver collateral-relief criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-agreements statutory-entitlement statutory-rights Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
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…
19-5918 Brandon Kyle Thomas v. United States Eleventh Circuit 2019-09-11 Denied Response WaivedIFP §-2255-motion appellate-rights certificate-of-appealability criminal-appeal idaho-v-garza ineffective-assistance-of-counsel jurisdictional-rule prejudice-standard presumption-of-prejudice roe-v-flores-ortega sixth-amendment strickland-v-washington After trial and again after sentencing, Brandon Thomas requested that his attorney appeal the criminal judgment. Counsel's advice consisted of "if you…
18-9581 Marcus Arenell Evans v. United States Fifth Circuit 2019-06-07 Denied Response WaivedIFP appeal-waiver appellate-rights booker booker-remedy booker-v-us constitutional-challenge constitutional-law criminal-procedure guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-enhancement sentencing-guidelines-interpretation I. Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpreta…
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…
18-6582 Kareem Glass v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset Third Circuit 2018-11-06 Denied Response WaivedIFP appellate-procedure appellate-rights capital-punishment constitutional-rights death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel mitigating-circumstances penalty-phase sixth-amendment waiver waiver-of-rights WHERE CAPITAL COUNSEL INDUCED PETITIONER INTO A WAIVER OF HIS ENTIRE PENALTY PHASE AND A WAIVER OF HIS APPELLATE RIGHTS IN RETURN FOR A GUARANTEED LIF…
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…
18-5946 William A. Parrish, Jr. v. Lyneal Wainwright, Warden Sixth Circuit 2018-09-12 Denied Response WaivedIFP appellate-rights court-of-appeals due-process effective-assistance-of-counsel grand-jury-selection indigent indigent-defendant indigent-litigant judicial-discretion perjured-testimony pro-se right-to-appeal right-to-counsel self-representation speedy-trial transcript trial-transcript Did the State Court of Appeals have the authority to deny a pro se indigent litigant a copy of his trial transcript because he choose to represent him…
18-169 Lance Laber v. Milberg LLP, et al. Ninth Circuit 2018-08-07 Denied Response Waived 28-usc-1291 appellate-rights circuit-split civil-procedure class-action class-certification intervention microsoft-corp-v-baker precedent standing united-airlines united-airlines-inc-v-mcdonald Whether this Court's decision in United Airlines, Inc. v. McDonald, 432 U.S. 385 (1977), which allowed unnamed putative class members to intervene for…