clear-error
35 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-666 | Samantha Estefenia Francisco Castro v. Jose Leonardo Brito Guevara | Fifth Circuit | 2025-12-08 | Pending | Response RequestedResponse Waived | child-abduction clear-error de-novo-review habitual-residence hague-convention well-settled-defense | Is a trial court's determination that a child is "well settled" subject to de novo review, or is it reviewed for clear error? |
| 25-624 | Michael Clayton Woodruff v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2025-12-02 | Denied | Response Waived | appellate-review clear-error ineffective-counsel jury-verdict mixed-question strickland-standard | 1. Where the court that presided over a defendant's trial and post-conviction evidentiary hearing finds the defendant suffered prejudice under Strickl… |
| 23A1090 | Victor Vargas v. United States | Eleventh Circuit | 2024-06-06 | Presumed Complete | clear-error constitutional-rights drug-distribution post-indictment-delay sixth-amendment speedy-trial | Question not identified. | |
| 23-757 | Relish Labs LLC, et al. v. Grubhub Inc., et al. | Seventh Circuit | 2024-01-12 | Denied | Amici (1)Response RequestedRelisted (2) | appellate-review clear-error de-novo de-novo-review likelihood-of-confusion multifactor-test standard-of-review trademark-infringement | 1) Whether the determination of a likelihood of confusion for trademark infringement is a factual finding, reviewable for clear error, or a legal conc… |
| 23-5784 | Aaron Lee Porter v. United States | Tenth Circuit | 2023-10-13 | Denied | Response WaivedIFP | abandonment-doctrine clear-error de-novo-review fourth-amendment question-of-fact question-of-law search-and-seizure standard-of-review | Is a finding that an object has been abandoned within the meaning of the Fourth Amendment a question of law subject to de novo review, or a purely fac… |
| 23-327 | John Canada v. United States | Tenth Circuit | 2023-09-28 | Denied | appellate-review clear-error fourth-amendment motion-to-suppress ornelas-standard ornelas-v-united-states probable-cause standard-of-review suppression-hearing | Whether the review of the evidence in a suppression-hearing record "in the light most favorable to the government" conflicts with Ornelas's standard o… | |
| 23-137 | Yvonne Crews v. Denis R. McDonough, Secretary of Veterans Affairs | Federal Circuit | 2023-08-15 | Denied | Response Waived | administrative-law appellate-procedure clear-error congressional-intent effective-date federal-circuit statutory-interpretation substitution substitution-of-claimant veterans-benefits | When Congress enacted 38 U.S.C. § 5121A to authorize for the substitution of a deceased claimant was its intent clear that a substituted appellant cou… |
| 22-6919 | In Re DeAnn Graham | 2023-03-03 | Denied | Response WaivedIFP | abuse-of-discretion civil-rights clear-error due-process fair-housing justiciability mandamus | When this case was before the Court of Appeals on the Appeals" and "review[ed] the Plaintiffs' appeals challenging the District Court's Judge Jon E. D… | |
| 22-6335 | Timothy Michael Unzueta v. Texas | Texas | 2022-12-19 | Denied | IFP | clear-error criminal-justice criminal-procedure date-range due-process grand-jury legal-procedure material-element void-conviction | Is it not clear error to allow a void conviction to continue (i.e., to not be vacated) knowing that a material (date-range essential) element was impr… |
| 22-6235 | In Re DeAnn Graham | 2022-12-07 | Denied | Response WaivedIFP | 7th-circuit abuse-of-discretion civil-procedure clear-error due-process justiciability mandamus remand | When this case was before the Court of Appeals on the Appeals " and "reviewted] the Plaintiffs ' appeals challenging the District Court 's order their… | |
| 22-5326 | Juan Samuel Rodriguez-Huitron v. United States | Fifth Circuit | 2022-08-10 | Denied | Response WaivedIFP | clear-error criminal-procedure judicial-review limited-remand plain-error remand sentencing sentencing-guidelines statutory-maximum substantial-rights | This Court in Molina-Martinez v. United States advised that courts of appeals may order a limited remand to assess the impact of clear error on the de… |
| 21-1347 | Kevas L. Ballance v. United States | Tenth Circuit | 2022-04-13 | Denied | Response Waived | appellate-review circuit-split clear-error criminal-procedure de-novo-review district-court standard-of-review suppression-hearing suppression-ruling | When reviewing a suppression ruling on appeal, should the appellate court review factual findings for clear error and the ultimate legal determination… |
| 21-6793 | Markette Tillman v. United States | Ninth Circuit | 2022-01-10 | Denied | Response WaivedIFP | appeals-court attorney-dismissal attorney-firing clear-error constitutional-rights interlocutory interlocutory-appeal sixth-amendment speedy-trial | 1. Where the appeals court previously found that it was clear error to fire a defendant's attorney in an interlocutory context, does the Sixth Amendme… |
| 21-6542 | Juan Trujillo v. United States | Fifth Circuit | 2021-12-07 | Denied | Response WaivedIFP | appellate-review clear-error criminal-procedure judicial-discretion limited-remand plain-error remand-standard sentencing sentencing-error statutory-maximum substantial-rights | This Court in Molina-Martinez v. United States advised that courts of appeals may order a limited remand to assess the impact of clear error on the de… |
| 21-6130 | Brett Allan Corrigan, Jr. v. United States | Eighth Circuit | 2021-10-29 | Denied | Response WaivedIFP | appellate-review clear-error criminal-procedure drug-offense firearm sentencing sentencing-guidelines standard-of-review weapon-enhancement | WHETHER THE DISTRICT COURT'S FINDING THAT A WEAPON WAS CONNECTED TO THE DRUG OFFENSE UNDER §2D1.1(b)(1) WAS CLEAR ERROR. |
| 21-6100 | Rodrigo Martinez-Mendoza v. United States | Fourth Circuit | 2021-10-27 | Denied | Response WaivedIFP | appellate-review clear-error clear-error-standard due-process factual-findings immigration immigration-law law-enforcement-testimony public-confidence standard-of-review | The "Clear Error" standard of review has been criticized as "elastic, capacious, malleable, and above all variable." Edward H. Cooper, Civil Rule 50(A… |
| 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… |
| 21-137 | Amanda P., et vir, as Parents and Next Friends of T. P., a Minor Individual with a Disability v. Copperas Cove Independent School District | Fifth Circuit | 2021-08-02 | Denied | Response Waived | clear-error de-novo-review endrew-f-standard endrew-f-v-douglas-county free-appropriate-public-education individuals-with-disabilities-education-act judicial-deference retrospective-assessment standard-of-review | 1. Whether de novo review or clear error is the standard of review applicable to the question of whether a school district has provided a free appropr… |
| 20-6590 | Jimmy Pike v. United States | Fifth Circuit | 2020-12-09 | Denied | Response WaivedIFP | appellate-review clear-error conspiracy criminal-procedure drug-conspiracy methamphetamine mitigating-role sentencing-guidelines | A district court's guidelines calculatio ns are reviewed for clear error. Did the court of appeals err in holding that the district court's guidelines… |
| 20-5458 | Fidel Alain Martin-Sosa v. United States | Fifth Circuit | 2020-08-28 | Denied | Response WaivedIFP | appellate-review clear-error criminal-procedure criminal-sentencing drug-conspiracy methamphetamine mitigating-role role-adjustment sentencing-guidelines standard-of-review | A district court's guidelines calculations are reviewed for clear error. Did the court of appeals err in holding that the district court's guidelines … |
| 20-5151 | Antoine Reed v. Daniel Paramo, Warden | Ninth Circuit | 2020-07-24 | Denied | Response WaivedIFP | appointed-counsel clear-error compulsory-process credibility federal-district-court material-witness police-manipulation procedural-bar standard-of-review state-law state-law-error | I Did the federal distf\ct_ccuov commit-clear error. Whan it deemed Mr. secVvonj2.zs4 compulsoryprocess viola- ti_QO_cV&lmaoJbe_anAn cognizable lA… |
| 20-5073 | Gilberto Martinez-Hernandez v. United States | Ninth Circuit | 2020-07-15 | Denied | Response WaivedIFP | appellate-procedure appellate-review civil-procedure clear-error evidentiary-errors harmless-error judicial-review judicial-standard legal-sufficiency standard-of-review | Whether the court of appeals committed clear error by concluding that significant evidentiary errors were harmless. |
| 19-610 | Mushkin, Inc. v. Anza Technology, Inc. | Federal Circuit | 2019-11-13 | Denied | Response Waived | amendment appellate-review civil-procedure civil-procedure-15c-relation-back clear-error conduct-transaction-occurrence federal-circuit federal-rules-civil-procedure federal-rules-of-civil-procedure notice relation-back standard-of-review | Whether the appropriate standard of review for a "relation back" determination under Fed. R. Civ. P. 15(c) is: (1) the de novo standard of review appl… |
| 19-499 | Henry Posada v. United States | Seventh Circuit | 2019-10-18 | Denied | Response Waived | appeals-court-error appellate-review clear-error criminal-procedure district-court-error evidence government-evidence government-surveillance healthcare-billing loss-amount loss-calculation medical-fraud patient-records sentencing standard-of-review | Whether the court of appeals erred in determining that the district court did not clearly err in accepting the government's assertion that Mr. Posada … |
| 19-6189 | Lewis Brown v. United States | Sixth Circuit | 2019-10-07 | Denied | Response WaivedRelisted (2)IFP | abuse-of-discretion civil-procedure clear-error due-process judicial-bias judicial-discretion judicial-misconduct pro-se-litigation sixth-circuit standing structural-error | 1) Did the Sixth Circuit Court of Appeals abuse its discretion when it committed clear error of judgment, by relying on clearly erroneous findings of … |
| 19-5959 | Loretta Fergerson v. United States | Eleventh Circuit | 2019-09-17 | Denied | Response WaivedIFP | 28-usc-2255 appeals clear-error clear-error-standard federal-habeas habeas-corpus judicial-review motion-to-vacate plain-error plain-error-standard post-conviction-relief standard-of-review | Did the Appeals Court err in applying clear error rather than plain error standard when deciding District Court's denial of Petitioner's 2255? |
| 19-5429 | Cantrell Lamont Burwell v. United States | Eleventh Circuit | 2019-08-01 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 4th-amendment appellate-procedure clear-error consent-search consent-to-search de-novo de-novo-review eleventh-circuit fourth-amendment standard-of-review totality-of-circumstances | In the context of the Fourth Amendment, this Court has characterized the voluntariness of consent to a search as "a question of fact to be determined … |
| 19-5077 | Carlton P. Cabot v. United States | Second Circuit | 2019-07-05 | Denied | Response WaivedIFP | appellate-review clear-error criminal-procedure factual-determination factual-findings olano plain-error rule-52(b) sentencing-variance standard-of-review | A district court's factual determinations are generally reviewed for clear error. In rejecting petitioner's appeal in this case, the Second Circuit ad… |
| 18-1370 | Joanna Burke, et vir v. Deutsche Bank National Trust Company | Fifth Circuit | 2019-05-01 | Denied | Response Waived | appellate-review assignment clear-error due-process fifth-circuit impartial-tribunal judicial-bias judicial-error law-of-the-case law-of-the-case-doctrine lender-income-fraud manifest-injustice nominee published-opinion | Whether the Court of Appeals for the Fifth Circuit correctly applied the well-established exception to the law-of-the-case doctrine for appellate deci… |
| 18-8810 | Pedro Martinez-Negrete v. United States | Fifth Circuit | 2019-04-12 | Denied | Response WaivedIFP | advisory-guideline-range clear-error criminal-defendant criminal-procedure defendant-appellant government-response plain-error-review sentencing-guidelines | Where a criminal defendant shows that the district court made a clear legal error when applying the U.S. Sentencing Guidelines, but the government res… |
| 18-8698 | Marcel A. Walton v. United States | Seventh Circuit | 2019-04-04 | Denied | Response WaivedIFP | clear-error clear-error-analysis criminal-procedure due-process false-and-misleading government-assertions material-facts non-record-facts sentencing | 1. Consistent with Due Process, can a sentencing court rely upon government assertions concerning material, non-record facts—first raised at the sente… |
| 18-805 | Eric S. Strohmeyer v. Surface Transportation Board, et al. | Third Circuit | 2018-12-21 | Denied | Response Waived | administrative-law civil-procedure clear-error due-process jurisdiction motion-to-dismiss standing standing-doctrine surface-transportation-board third-circuit transportation | Was it clear error for the Third Circuit to fail to address the issue of whether the Surface Transportation Board ("STB") had the jurisdiction to rend… |
| 18-6980 | Traveon Shaquille Martin v. United States | Fourth Circuit | 2018-12-11 | Denied | Response WaivedIFP | acceptance-of-responsibility clear-error criminal-procedure district-court offense-level sentencing-guidelines u.s.s.g-3e1.1 | Whether the district court clearly erred in denying a three-level reduction in Petitioner's offense level for acceptance of responsibility under U.S.S… |
| 18-6409 | Scotty Garnell Morrow v. Benjamin Ford, Warden | Eleventh Circuit | 2018-10-23 | Denied | Amici (1)IFP | 28-usc-2254 clear-error due-process fact-finding federal-review habeas-corpus reasoned-opinion section-2254 state-court-adjudication state-court-deference | Question 1 In Harrington v. Richter, 562 U.S. 86 (2011), this Court announced that where a state court issues a summary denial of a habeas petitioner… |
| 18-6161 | Terrance Lombard v. United States | Sixth Circuit | 2018-10-02 | Denied | Response WaivedIFP | appellate-review clear-error clear-error-standard criminal-procedure district-court due-process motion-to-suppress standard-of-review suppression-hearing | DID THE COURT OF APPEALS MISAPPLY THE CLEAR ERROR STANDARD BY CONSIDERING FACTS ADDUCED AT TRIAL, BUT NOT CONSIDERED BY THE DISTRICT COURT DURING THE … |