collateral-relief
13 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6561 | Joshua Demien Magee v. Mississippi | Mississippi | 2026-01-13 | Pending | Response WaivedIFP | collateral-relief criminal-sentencing due-process ex-post-facto mississippi-supreme-court procedural-standards | 1) Whether the Mississippi Supreme Court may ignore the ex post facto clause by applying new decision rendered in Howell v. State, 358 So. 3d 613, 615… |
| 23-240 | David L. Smith v. Securities and Exchange Commission | Second Circuit | 2023-09-13 | Denied | Response Waived | circuit-split civil-procedure civil-rights collateral-relief disgorgement due-process judicial-review rule-60b4 sec-enforcement standing takings void-judgment | Is Petitioner entitled to collateral relief from an extra-legal "disgorgement" order, which the SEC had no power to obtain, and the district court had… |
| 22-7669 | Larenzo Gabourel v. United States | Tenth Circuit | 2023-06-01 | Denied | Response WaivedIFP | 28-usc-2255 collateral-relief factual-innocence federal-prisoner federal-prisoners habeas-corpus post-conviction-relief section-2255 | May the collateral relief mechanism for Federal prisoners pursuant to 28 U.S.C. § 2255, be used to promote a claim of factual innocence? |
| 21-6828 | James Jonathan Mitchell v. Florida | Florida | 2022-01-12 | Denied | IFP | appellate-procedure collateral-relief due-process equal-protection gideon-v-wainwright habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court-procedure | I. Does it tonsure (shear) due process & equal protection for the State (Florida) to summarily "dismiss as unauthorized " a prison Petitioner's is Sta… |
| 21-6571 | Ruben Orlando Benitez v. Mississippi | Mississippi | 2021-12-09 | Denied | Response WaivedRelisted (2)IFP | case-review collateral-relief court-manipulation judicial-review legal-procedure litigation litigation-hindrance mississippi-court-of-appeals mississippi-court-of-supreme record-of-facts rehearing | Whether the record of facts support rehearing of the proposition Whether the Mississippi Court of Appeals/Supreme Court manipulated the file of recor… |
| 19-8893 | Darryl Henry v. United States | Fifth Circuit | 2020-07-02 | Denied | Response WaivedIFP | appeal-rights appeal-waiver circuit-split collateral-relief criminal-sentencing involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining sentencing-rights statutory-entitlement | Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement? |
| 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? |
| 19-7245 | Darren Lavald Bowie v. United States | Fifth Circuit | 2020-01-10 | Denied | Response WaivedIFP | collateral-relief constitutional-waiver habeas-corpus ineffective-assistance plea-agreement sixth-amendment unknowing-waiver waiver | 1. Does a Plea Agreement which waives challenges to collateral relief forbid challenges to ineffective assistance in proceedings following the entry o… |
| 19-6880 | Gregory Bartunek v. United States | Eighth Circuit | 2019-12-06 | Denied | Response WaivedIFP | collateral-relief constitutional-rights criminal-procedure due-process exceptional-circumstances habeas-corpus prejudice prejudice-standard speedy-trial | IS AN AFFIRMATIVE DEMONSTRATION OF PREJUDICE TO THE ACCUSED'S ABILITY TO DEFEND HIMSELF ESSENTIAL TO PROVE THE DENIAL OF HIS RIGHT TO A SPEEDY TRIAL? … |
| 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… |
| 19-5274 | Anthony James Hill v. United States | Ninth Circuit | 2019-07-22 | Denied | IFP | armed-career-criminal-act collateral-relief constitutional-error criminal-record due-process misinformation ninth-circuit ninth-circuit-standard sentencing sentencing-guidelines united-states-v-tucker | Where sentencing is imposed based on misinformation of constitutional magnitude regarding the import of the defendant's criminal record, did the Ninth… |
| 18-5149 | Francisco Cubero v. United States | Eleventh Circuit | 2018-07-06 | Denied | Response WaivedIFP | certificate-of-appealability collateral-relief collateral-review conflicting-results due-process plea-hearing procedural-default sentencing supervised-release supervised-release-term | I. During Francisco Cubero's plea hearing , the magistrate judge told him that his supervised-release term could not exceed five years but, at sentenc… |