clear-error-standard
6 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-5621 | Christopher Dallas Nelson v. United States | Fifth Circuit | 2024-09-24 | Denied | Response WaivedIFP | appellate-review clear-error-standard federal-procedure judicial-discretion sentencing-guidelines standard-of-review | Are varied definitions of the clear error standard of review and results of such definitions pertaining to the Federal Sentencing Guidelines permissib… |
| 23-6748 | Eric Lavell Minter v. United States | Sixth Circuit | 2024-02-14 | Denied | Response WaivedIFP | burden-of-proof circuit-court-review civil-rights clear-error-standard criminal-enterprise criminal-procedure due-process evidence fact-based-enhancement managerial-role sentencing sentencing-enhancement | Must a district court find that a defendant exercised control over another participant in a criminal enterprise before considering a managerial role s… |
| 21-1028 | International Energy Ventures Management, L.L.C. v. United Energy Group, Ltd. | Fifth Circuit | 2022-01-20 | Denied | Response RequestedResponse WaivedRelisted (3) | appellate-review arbitration arbitration-waiver circuit-split civil-procedure clear-error-standard deference fact-finding federal-rules-of-civil-procedure litigation-conduct rule-52a standard-of-review | The district court in this case found, as a factual matter, that Respondent did not suffer prejudice from Petitioner's failure to immediately press it… |
| 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… |
| 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? |
| 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 … |