consent

93 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6348 Mounir Mrabet v. United States Second Circuit 2025-12-12 Denied Response WaivedIFP consent fourth-amendment government-action probable-cause search-and-seizure warrantless-search Can 4L. G&vermen4 <^o iw+o mu ZCclo^J Accent om4 m j consent -4han ase -iKd' cxaatnst m v^^rr^n
25-6266 George Ugochukwu Egwumba v. United States Ninth Circuit 2025-12-02 Denied Response WaivedIFP consent criminal-law identity-theft means-of-identification possession-offense statutory-interpretation Whether the government must prove a defendant possessed a means of identification without the consent of its owner – that is, stole the identity – to …
25A260 Donna Elizabeth Summers v. Montana Montana 2025-09-04 Presumed Complete consent fourth-amendment reasonable-suspicion search-and-seizure seizure traffic-stop Question not identified.
25-131 David C. L. Walton v. Ashley Nehls Seventh Circuit 2025-08-04 Denied consent constitutional-rights eighth-amendment incarceration prison-official sexual-misconduct Whether the Eighth Amendment, which is interpreted according to "evolving standards of decency," permits a contrary rule that treats an incarcerated p…
24A1119 Curtis Levar Wells, Jr. v. Javier Fuentes, et al. Fourth Circuit 2025-05-20 Presumed Complete consent fourth-amendment inventory-search probable-cause qualified-immunity search-and-seizure Question not identified.
24-7228 Eric Corder v. United States Seventh Circuit 2025-05-16 Denied Response WaivedIFP consent curtilage evidence-gathering fourth-amendment illegal-entry implied-license Whether government agents have an implied license to enter the curtilage of the home that is fenced and gated off thereby inaccessible to the public t…
24-913 Nubian Nuh Mohammed v. Universal Protection Service, LLC, dba Allied Universal Security Services First Circuit 2025-02-25 Denied Response Waived business-purpose consent contractual-damages electronic-signature legal-standing unauthorized-use 1. Whether the Petitioner, who did not give the Respondent directly or through a representative express consent to use the Petitioner electronic signa…
23-7773 Christopher Marcel Esqueda v. United States Ninth Circuit 2024-06-21 Denied Response WaivedIFP consent Florida-v-Jardines fourth-amendment fourth-amendment-search implied-consent implied-license jardines-precedent law-enforcement property-based-test property-rights search search-and-seizure secret-recording undercover-agent When an individual invites an undercover agent into their residence, can the agent secretly record without a warrant, or does such conduct exceed the …
23-1287 Ian Brenner v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. Third Circuit 2024-06-10 Denied Response Waived certificate-of-appealability civil-procedure confrontation-clause consent due-process ineffective-assistance jurisdiction magistrate magistrate-jurisdiction standing strickland-standard surrogate-expert a. Whether denial of a Certificate of Appealability is proper when the magistrate judge who entered judgment lacked jurisdiction because the Petitione…
23-7413 Adonis Marquis Perry v. United States Fourth Circuit 2024-05-08 Denied Response WaivedIFP cell-phone cell-phone-privacy consent constitutional-rights fourth-amendment fourth-amendment-violation law-enforcement privacy search-and-seizure third-party-consent warrantless-search 1. Whether a third party's personal use and physical possession of Petitioner's cell phone transfer authority to the third party to consent to law enf…
23-7385 Jacob Paul Bermel v. United States Eighth Circuit 2024-05-06 Denied Response WaivedIFP consent electronic-device failure-to-object fourth-amendment implied-consent minor-consent search search-and-seizure warrantless-search L. Whether the failure to object to law enforcement search establishes implied consent to search for purposes of the Fourth Amendment? II. Whether a …
23-1186 Rodney Thomas Ternovsky v. Florida Florida 2024-05-02 Denied Response Waived consent due-process evidence-admissibility fair-trial Fourteenth-Amendment irrelevant-evidence jury-prejudice prejudicial-evidence trial-procedure Whether the Petitioner's Fourteenth Amendment due process right to a fair trial was violated when the trial court allowed the State to inform the jury…
23-7341 Ronald Leon Thompson v. Colorado Colorado 2024-04-30 Denied IFP appellate-review consent constitutional-error constitutional-interpretation criminal-procedure harmless-error judicial-definition jury-instructions legal-standard trial-court-discretion Whether the Court of Appeals erred in finding the trial court's error in failing to define the term consent was constitutional harmless error.
23-1111 Glenn Laird v. United Teachers Los Angeles, et al. Ninth Circuit 2024-04-12 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) compelled-speech consent first-amendment nonmember-employees public-sector-labor public-sector-unions union-dues waiver-of-rights The First Amendment prohibits public sector labor unions from using state law to divert money from a public employee's lawfully earned wages unless th…
23-6796 Yanier N. Tellez, aka Yanier Tellez-Crespo v. United States Sixth Circuit 2024-02-21 Denied Response WaivedIFP 4th-amendment consent consent-search fourth-amendment probable-cause search-and-seizure seizure-of-evidence traffic-stop wallet-search warrantless-search Was the District Court's denial of Petitioner's Motion to Suppress a result of clear error in determining the facts relative to consent for search v…
23-6191 In Re Colby Jerome Hale 2023-12-07 Denied IFP civil-procedure consent consent-search constitutional-jurisdiction district-court due-process federal-procedure magistrate notification peace-officer standing statutory-interpretation 8) What is the purpose of Rule 18 of the Supreme Court of the United States on an Appeal from the U.S. District Court. If you do exactly what the rule…
23-5894 Myron Lee Brandon v. United States Eighth Circuit 2023-10-26 Denied Response WaivedRelisted (2)IFP 5th-amendment 6th-amendment consent criminal-procedure due-process evidence evidence-exclusion fifth-amendment jury-instructions sixth-amendment transportation-of-minors I. The District Court violated the Defendant's Fifth and Sixth Amendment rights by excluding evidence and Arg ument under Fed. R. Evid . 412, specific…
23-372 Torey Jarrett v. Service Employees International Union Local 503, et al. Ninth Circuit 2023-10-06 Denied Amici (2)Response WaivedRelisted (2) 42-U.S.C.-§-1983 civil-rights consent due-process public-employees public-sector-unions state-action state-actor union-dues wage-deduction wage-deductions 1. Is a state-designated exclusive representative a state actor under 42 U.S.C. § 1983 when it directs a public employer to deduct dues from non-union…
23-302 Bryce Watkins v. Brian Wunderlich, et al. Tenth Circuit 2023-09-26 Denied Response Waived co-occupant-rights consent consent-search domestic-violence express-refusal fourth-amendment home-entry shared-dwelling warrantless-search In Georgia v. Randolph, 547 U.S. 103, 120 (2006), this Court clearly established that "a warrantless search of a shared dwelling for evidence over the…
23-5477 James Thomas Butler, II v. United States Eleventh Circuit 2023-08-30 Denied Response WaivedIFP consent consent-search digital-evidence due-process forensic-extraction fourth-amendment law-enforcement-procedure search-and-seizure smartphone smartphone-privacy Under the Fourth Amendment, does consent to "take a look" at a suspect's smartphone outside of his residence at a table twenty feet away extend to a f…
22-7708 Brian Collins v. Warden, United States Penitentiary, Victorville Ninth Circuit 2023-06-05 Denied Response WaivedIFP administrative-adjudication consent detainer federal-custody federal-jurisdiction jurisdiction-transfer primary-jurisdiction sentence-calculation sovereign-jurisdiction Was the Ninth Circuit wrong to conclude that the federal government consented to a transfer of primary jurisdiction at the end of its sentence, when n…
22-1096 Ariadna Ramon Baro v. Lake County Federation of Teachers Local 504, IFT-AFT/AFL-CIO, et al. Seventh Circuit 2023-05-10 Denied Response Waived collective-bargaining consent employee-rights first-amendment government-employer janus-v-afscme union-membership waiver waiver-doctrine In Janus v. AFSCME, this Court held that government employers may not withhold money from an employee on behalf of a union unless the employee affirma…
22-1031 Constance Westfall v. Jose Luna, et al. Fifth Circuit 2023-04-25 Denied 4th-amendment coercive-interrogation consent curtilage fourth-amendment knock-and-talk search seizure warrant warrantless-search 1. Whether the "knock-and-talk" exception to the Fourth Amendment's protection against unlawful entry onto a person's property permits police officers…
22-7011 Charles Matthew Waters v. Anita Marie Waters Minnesota 2023-03-14 Denied IFP biological-offspring civil-procedure consent consent-withdrawal due-process family-law order-for-protection order-of-protection standing statutory-interpretation withdrawal Whether Petitioner was deprived of due process when the trial court would not allow Petitioner's withdrawal of consent to an Order for Protection, pri…
22-6995 Matthew Patrick Langenberg v. United States Eighth Circuit 2023-03-13 Denied Response WaivedIFP 4th-amendment apparent-authority cell-phone cell-phone-privacy consent consent-search fourth-amendment privacy riley-precedent search warrantless warrantless-search Whether an employer has "apparent authority" to consent to a complete search, including a forensic examination, of an employee's cell phone based upon…
22-6957 Toni Marie Davis v. Joseph R. Biden, Jr., President of the United States Fourth Circuit 2023-03-07 Denied Response WaivedIFP bodily-autonomy civil-rights consent constitutional-rights due-process government-overreach medical-ethics nuremberg-codes vaccine-mandate voluntary-consent Did the President including the federal government violate the Constitution and other federal and state laws by mandating an experimental vaccine? Nur…
22-6802 Luis Miguel Sierra-Ayala v. United States First Circuit 2023-02-16 Denied Response WaivedIFP 4th-amendment consensual-search consent exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-seizure police-misconduct reasonable-suspicion search-and-seizure A police officer cannot touch a person's body or possessions without consent or legally sufficient basis. Likewise, an officer cannot force himself up…
22-6275 Dalton Alonzo Dixon v. North Carolina, et al. Fourth Circuit 2022-12-09 Denied IFP 13th-amendment citizenship civil-rights consent constitutional-rights due-process government-labor-program government-program involuntary-servitude thirteenth-amendment CONSENT OF CLASS BAJ , idun pardici pacing o^Vernmojal program ? \\ -(Wa, S^a^orn prt50n>p^on(s) ftrc(L labor a Violation of db<Lin an ran /) "tfhrW…
22-494 Melodie DePierro v. Las Vegas Police Protective Association Metro, Inc., et al. Ninth Circuit 2022-11-23 Denied Response Waived collective-bargaining consent first-amendment free-speech government-employer janus-precedent janus-v-afscme union-dues Melodie DePierro is a police officer in the State of Nevada who exercised her First Amendment right not to support union speech under Janus v. AFSCME,…
22-6024 Orentha James Pea v. United States Fifth Circuit 2022-11-08 Denied Response WaivedIFP consent consent-search criminal-procedure fernandez-rule fernandez-v-california fourth-amendment physical-presence randolph-exception randolph-v-california search-and-seizure warrantless-search In Fernandez v. California, 571 U.S. 292, 306, 134 S. Ct. 1126, 1136, 188 L. Ed. 2d 25 (2014), this Court acknowledged that, if "Randolph requires pre…
22-5966 Malachi Henessey Rodriguez v. Minnesota Minnesota 2022-11-01 Denied Response WaivedIFP burden-of-proof character-evidence civil-rights coercion consent constitutional-rights criminal-procedure due-process evidence-admission reasonable-doubt 1. The state failure to prove beyond a reasonable doubt that the petitioner used coercion where there was no evidence that NC communicated lack of con…
22-5115 Michael Kennedy v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-07-15 Denied IFP consent constitutional-rights criminal-procedure defendant-consent due-process fourteenth-amendment right-to-counsel sixth-amendment trial-counsel 1. Does the Sixth and Fourteenth Amendments require that before a trial counsel can conceded defendant's guilt, trial counsel must first consult with …
22-5065 O. L. v. Liliana Jara, et al. Ninth Circuit 2022-07-11 Denied Response WaivedIFP cell-phone-search consent digital-duplication fourth-amendment possessory-interest privacy search-and-seizure seizure When government officials seek to rely upon consent to justify the lawfulness of a search or seizure, the burden is on them to show by clear and posit…
21-8260 Tracy Garrett v. Warden, FCC Coleman-USP II Eleventh Circuit 2022-06-29 Denied Response WaivedIFP 4th-amendment appellate-review certiorari-standard circuit-split consent constitutional-violation federal-question fourth-amendment search-and-seizure supervisory-power warrantless-search raised an objection (trial) my attorney (Detective Sams) was giving The second day into my when the Government's key witness The home before the arres…
21-7874 William Meyer v. United States Eighth Circuit 2022-05-16 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights consent due-process exigent-circumstances fourth-amendment home-entry knock-and-talk search-and-seizure warrantless-search In a "knock and talk " scenario, "even if an occupant chooses to open the door and speak with the officers, the occupant need not allow the officers t…
21-7375 Rodolfo Rodriguez, Jr. v. United States Tenth Circuit 2022-03-15 Denied Response WaivedIFP 4th-amendment appellate-review consensual-encounter consent criminal-procedure investigative-detention investigative-stop law-enforcement-interaction search-and-seizure standard-of-review voluntary-consent 1. What is the appropriate standard to be applied in determining whether an encounter with police was consensual or an investigative stop? 2. Whether…
21-6890 Robert William Moats v. United States Fourth Circuit 2022-01-20 Denied Response WaivedIFP civil-rights consensual-encounter consent constitutional-rights criminal-procedure detention fourth-amendment police-detention probable-cause search-and-seizure Whether the majority opinion of the Unit ed States Fourth Circuit of Appeals, which held that the defendant had a consensual encounter with police and…
21-926 Cooper Tire & Rubber Company v. Tyrance McCall Georgia 2021-12-22 Denied Amici (3)Relisted (4) consent corporate-registration due-process forum-contacts fourteenth-amendment general-jurisdiction personal-jurisdiction state-sovereignty Whether the Due Process Clause of the Fourteenth Amendment permits a state to assert personal jurisdiction over an out-of-state corporation, for claim…
21-6558 Keith Anthony Rosario v. Pennsylvania Pennsylvania 2021-12-10 Denied Response WaivedIFP apparent-authority consent consent-search fourth-amendment law-enforcement reasonable-belief residence search warrant-requirement Does the apparent authority exception to the Fourth Amendment's warrant requirement permit a police officer to reasonably believe a seventeen-year-old…
21-6290 George Steven Burch v. Wisconsin Wisconsin 2021-11-16 Denied Response WaivedIFP consent consent-search data-retention digital-privacy fourth-amendment law-enforcement search-and-seizure smartphone-data warrantless-search After the government obtains consent to search specific information on an individual's smart phone, whether or to what extent the Fourth Amendment tol…
21-6223 Aaron Martin Mercado-Gracia v. United States Tenth Circuit 2021-11-09 Denied IFP 4th-amendment consent fourth-amendment police-questioning race racial-profiling reasonable-person reasonable-person-standard totality-of-circumstances traffic-stop Once an officer issues a traffic citation and tells the person he may leave, the Fourth Amendment requires consent to then delay departure to ask more…
21-6212 Anthony De La Torriente v. United States Ninth Circuit 2021-11-08 Denied IFP circuit-split consent criminal-liability intoxication physical-incapability physical-incapacity rule-of-lenity sexual-abuse sexual-abuse-statute statutory-interpretation The federal sexual abuse statu te, 18 U.S.C. § 2242(2)(B) , criminalizes a " sexual act with another person if that other person is . . . physically i…
21-6177 Richard Leroy Parker v. United States Eighth Circuit 2021-11-04 Denied Response WaivedIFP and whether complying with that order is valid co causation civil-rights consent due-process fourth-amendment law-enforcement medical-examiner seizure (1) Whether a law enforcement officer's order to "just kinda stay here" results in a seizure under the Fourth Amendment, and whether complying with th…
21-6140 Leonard Morrison v. United States Fifth Circuit 2021-11-01 Denied Response WaivedIFP 4th-amendment community-caretaking consent exigent-circumstances fourth-amendment home-search implied-consent law-enforcement probable-cause search-and-seizure warrantless-entry Can a court find voluntary "implied consent" to a warrantless home entry when the officer did not request permission to enter and was unaware of any c…
21-4 C. Al Buis v. DLI Assets Bravo, LLC Virginia 2021-07-06 Denied Response Waived borrower-agreement consent consent-clause due-process forum-selection forum-selection-clause guaranty-agreement loan-guaranty personal-jurisdiction specific-jurisdiction In a suit on a loan guaranty, can specific personal jurisdiction be involuntarily created over an out-of-state guarantor based solely on a co-defendan…
20-8243 Spencer Richard Andrews v. Michigan Michigan 2021-06-08 Denied IFP 4th-amendment appellate-review consent consent-scope digital-privacy fourth-amendment ineffective-assistance ineffective-assistance-of-counsel privacy-rights search-and-seizure smartphone smartphone-search I. DID THE MICHIGAN COURT OF APPEALS ERRONEOUSLY EXPAND THE DEFENDANT'S CONSENT TO RETRIEVE A TELEPHONE NUMBER FROM HIS SMARTPHONE INTO A CONSENT TO S…
20-7914 Danny Ray Williams v. United States Fifth Circuit 2021-05-03 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-search consent consent-search custodial-interrogation digital-privacy forensic-evidence forensic-search fourth-amendment search-and-seizure During a custodial interrogation, a police detective asked for the password to Danny Williams' cell phone, which had been seized incident to Williams'…
20-1366 Jesus Gomez-Arzate v. United States Tenth Circuit 2021-03-30 Denied Response Waived 4th-amendment attenuation civil-rights consensual-encounter consent consent-to-search due-process fourth-amendment standing traffic-detention unlawful-extension In 2015, this Court decided the case of Rodriguez v. United States, 575 U.S. 348 (2015) [135 S.Ct. 1609, 191 L.Ed.2d 492], limiting the scope of traff…
20-7359 Karen Gagarin v. United States Ninth Circuit 2021-03-08 Denied IFP circuit-split consent criminal-law criminal-sentencing felony-violation identity-theft means-of-identification statutory-interpretation supreme-court The aggravated identity theft statute imposes a mandatory consecutive sentence of minimum two years for "[w]hoever, during and in relation to any felo…
20-6524 Joshua D. Myers v. Georgia Georgia 2020-12-03 Denied IFP burden-of-proof consent criminal-law criminal-procedure due-process jury-instructions lesser-included-offense sexual-assault sexual-battery standard-of-proof trial-court-discretion trial-procedure Whether the State proved the essential element of "without the consent" beyond a reasonable doubt. Whether the trial court's refusal to charge the le…
20-761 Austin Joseph Campbell v. Missouri Missouri 2020-12-02 Denied Response Waived burden-of-proof consent criminal-law due-process jury-instructions sexual-assault 1. Is evidence that a complainant does not remember giving consent, and states that she awoke from sleep during the sexual encounter, legally sufficie…
20-753 Confederated Tribes and Bands of the Yakama Nation v. Yakima County, Washington, et al. Ninth Circuit 2020-12-01 Denied Response RequestedResponse WaivedRelisted (2) agency-deference consent criminal-jurisdiction federal-indian-law federal-jurisdiction indian-country indian-law public-law-280 public-safety retrocession statutory-interpretation tribal-sovereignty Can the United States change the scope of its reassumption of Pub. L. 83-280 jurisdiction in Indian Country years after the reassumption became effect…
20-6445 Cristofer Jose Gallegos-Espinal v. United States Fifth Circuit 2020-11-27 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-search consent consent-form forensic-search fourth-amendment government-surveillance perpetuity riley-precedent riley-v-california Whether verbal consent to "look through" a cell phone, followed by written consent on an outmoded pre-Riley consent form, permits the government to pe…
20-727 Facebook, Inc. v. Perrin Aikens Davis, et al. Ninth Circuit 2020-11-25 Denied Amici (1) civil-procedure consent content-provider electronic-communication internet-content-provider internet-privacy user-consent web-browser wiretap-act Whether an internet content provider violates the Wiretap Act where a computer user's web browser instructs the provider to display content on the web…
20-576 Sharon Darlene Lopez v. California California 2020-10-30 Denied Response Waived blood-draw civil-rights consent constitutional-rights driving-privilege due-process fourth-amendment implied-consent search warrantless-search 1. Can the State of California condition driving upon its public highways upon a motorist's agreement to surrender Fourth Amendment rights for purpose…
20-6090 Reginald Ferguson v. United States Sixth Circuit 2020-10-21 Denied Relisted (2)IFP civil-rights consensual-encounter consent criminal-procedure due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion testimony 1. Can a court determine that an encounter was initially consensual when the officer testified that he did not remember how it was initiated, nor is i…
20-5620 Ivan Soto-Barraza and Jesus Lionel Sanchez-Meza v. United States Ninth Circuit 2020-09-09 Denied Response WaivedIFP consent conspiracy constructive-amendment criminal-procedure extortion hobbs-act jury-instructions robbery The Hobbs Act defines extortion, in relevant part, as requiring the wrongful use of violence or fear in order to induce a person to consent to part wi…
20-209 Ali Gadelhak v. AT&T Services, Inc. Seventh Circuit 2020-08-21 Denied Relisted (2) automatic-telephone-dialing-system circuit-split consent database-telemarketing smartphone statutory-interpretation telemarketing telephone-consumer-protection-act The question presented is whether this definition encompasses only systems that autodial telephone numbers generated using a random or sequential numb…
19-1382 Sterling Jewelers, Inc. v. Laryssa Jock, et al. Second Circuit 2020-06-16 Denied Amici (2) absent-class-members arbitration arbitration-agreement arbitrator-authority class-arbitration consent consent-requirement contract-interpretation due-process lamps-plus lamps-plus-v-varela stolt-nielsen stolt-nielsen-v-animalfeeds In Stolt-Nielsen S.A. v. AnimalFeeds International Corp., 559 U.S. 662 (2010), this Court held that an arbitrator cannot compel class arbitration if t…
19-8612 Edward Ronald Stamper v. United States Ninth Circuit 2020-06-05 Denied Response WaivedIFP consent criminal-intent criminal-law due-process indian-reservation ineffective-assistance-of-counsel jury-instruction jury-instructions mens-rea sexual-abuse sexual-assault The government convicted Edward Ronald Stamper of sexual abuse in violation of 18 U.S.C. § 2242(2)(B) based on a jury instruction which provided: In …
19-1337 Todd Phillippi v. Humble Design, L.L.C., et al. Fifth Circuit 2020-06-04 Denied Response Waived civil-procedure consent dismissal district-court-jurisdiction federal-civil-procedure federal-courts frcp-41 FRCP-60(b) judicial-consent jurisdiction legal-representative magistrate-authority prevailing-party rule-60b standing On 8/5/16 a civil case in the Northern District Dallas Division was dismissed by way of a FRCP4l(a)(l)(A)(ii) agreed dismissal without a court order. …
19-8323 William George Coodey v. Oklahoma Oklahoma 2020-04-21 Denied IFP consent criminal-procedure dna-evidence dna-testing due-process factual-innocence jackson-v-virginia rape sixth-amendment 1. Whether DNA testing that would undermine an alleged rape victim's testimony denying consent to sexual intercourse would create sufficient uncertain…
19-1166 Diné Citizens Against Ruining Our Environment, et al. v. Bureau of Indian Affairs, et al. Ninth Circuit 2020-03-24 Denied administrative-law administrative-procedure-act agency-action civil-procedure consent federal-agency federal-jurisdiction non-federal-entity rule-19 standing statutory-interpretation statutory-requirements Whether Federal Rule of Civil Procedure 19 requires dismissal of an Administrative Procedure Act action challenging a federal agency's compliance with…
19-7757 Babatunde Popoola v. United States Fourth Circuit 2020-02-24 Denied Response WaivedIFP bank-fraud consent criminal-law criminal-procedure financial-crimes identity-theft money-laundering predicate-crime statutory-interpretation WHETHER A PERSON WHO WITH THE CONSENT OF A BANK ACCOUNT HOLDER PROVIDES IDENTIFYING INFORMATION TO A THIRD PARTY TO DEPOSIT FUNDS INTO THE ACCOUNT W…
19-7640 Phillip Auston Carrier v. Billy Romero, Warden Eleventh Circuit 2020-02-11 Denied Response WaivedIFP 28-usc-2255 appellate-review congress-intent consent constitutional-law federal-appellate-court federal-prosecutor federal-prosecutor-consent gatekeeping-role gatekeeping-standard habeas-corpus habeas-corpus-2255-motion prosecutorial-consent second-or-successive-petition second-petition section-2255 Whether "the remedy by motion " authorized by 28 U.S.C. §2255(h)(2) is rendered "inadequate or ineffective " under §2255(e) when a federal appellate …
19-7507 Tommy Gurule v. United States Tenth Circuit 2020-01-30 Denied Response WaivedIFP 4th-amendment consent consent-search detention fourth-amendment passenger-rights passengers search-and-seizure traffic-stop vehicle-search If the driver of a car consents to its search, may officers frisk non-consenting passengers and detain them for the duration of the search?
19-899 Shaniz West v. Doug Winfield, et al. Ninth Circuit 2020-01-21 Denied Amici (3)Relisted (6) 4th-amendment civil-rights consent due-process excessive-force fourth-amendment law-enforcement property-damage property-rights qualified-immunity Whether an officer who has consent to "get inside" a house but instead destroys it from the outside is entitled to qualified immunity in the absence o…
19-823 Susan Pearsall v. Thomas C. Guernsey, DDS Ohio 2019-12-31 Denied Response WaivedRelisted (2) appellate-review civil-procedure consent constitutional-procedure court-intervention due-process judicial-modification legal-consent separation-of-powers settlement-agreement I. Whether it is unconstitutional for the Court to write, rewrite, modify, or add to a so-called settlement agreement without the consent of the parti…
19-7106 Peter Woodley v. United States Third Circuit 2019-12-30 Denied Response WaivedIFP 4th-amendment consent consent-to-search lawful-possession reasonable-expectation-of-privacy rental-car search-and-seizure standing In Byrd v. United States, 138 S. Ct. 1518 (2018), the Court held that, "as a general rule, someone in otherwise lawful possession and control of a ren…
19-751 Elio Gutierrez v. California California 2019-12-12 Denied Response Waived blood-alcohol-content blood-draw consent driving-under-the-influence dui-arrest fourth-amendment Fourth-Amendment-search-incident-to-arrest law-enforcement search-exception search-incident-to-arrest Is consent voluntary under the Fourth Amendment where a driving under the influence arrestee submits to a blood draw after the arresting officer tells…
19-693 Peter Balov v. California California 2019-12-02 Denied Response Waived blood-alcohol-content blood-draw coercion consent dui fourth-amendment officer-authority probable-cause search-and-seizure Is a motorist's consent to a blood draw, for purposes of determining blood-alcohol content, voluntary within the meaning of the Fourth Amendment where…
19-557 Cedric L. McDonald v. United States Armed Forces 2019-10-29 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) bodily-harm consent court-martial criminal-law due-process mens-rea military-justice sexual-assault Whether Congress's omission of a mens rea for the offense of sexual assault by bodily harm means mere negligence as to the lack of consent suffices.
19-6233 Alshaqah Tariq Powell v. United States Third Circuit 2019-10-09 Denied IFP 4th-amendment civil-procedure consent consent-search consent-to-search constitutional-rights criminal-procedure due-process expectation-of-privacy fourth-amendment involuntary-consent traffic-stop vague-consent-form vagueness The questions important to this case are: I. Whether Petitioner had the Fourth Amendment rights as a United States Citizen to be advised of his right…
19-5731 Angel Mesa Madueno v. California California 2019-08-28 Denied Response WaivedIFP 4th-amendment civil-rights consensual-encounter consent fourth-amendment independent-contractor privacy property-rights search-and-seizure standing trespass warrantless-entry Whether an independent contractor legitimately working in another's back yard has standing to contest a warrantless and non-exigent entry onto the pro…
19-72 PennyMac Financial Services, Inc., et al. v. Richard Smigelski California 2019-07-15 Denied Response Waived arbitration-agreement civil-procedure consent federal-arbitration-act legal-fiction preemption state-consent state-law state-party Whether the Federal Arbitration Act preempts a state law rule that prohibits the enforcement of an arbitration agreement in a dispute covered by that …
18-1543 Michael A. Katz, Individually and on Behalf of All Others Similarly Situated v. Cellco Partnership, dba Verizon Wireless Second Circuit 2019-06-14 Denied Response RequestedResponse WaivedRelisted (2) arbitration-act arbitration-stay article-iii civil-procedure consent constitutional-rights due-process federal-arbitration-act federal-courts fifth-amendment judicial-review standing voluntary-consent waiver wellness-international-network-v-sharif 1. Whether Federal Arbitration Act ("FAA") § 3 requires the district court to stay the action after it compels arbitration of all claims and a stay is…
18-9565 Casey Stoermer v. Ohio Ohio 2019-06-06 Denied Response WaivedIFP consent drug-possession exigent-circumstances fourteenth-amendment fourth-amendment probable-cause search-and-seizure search-warrant sentencing-enhancement warrantless-search Casey Stoermer lived in a separate apartment connected to the home of Aaron Smith. On the morning of June 21, 2016, law enforcement officers went to S…
18-9398 Ali Cisse v. New York New York 2019-05-23 Denied Response WaivedIFP 18-usc-2511 circuit-court-split circuit-split civil-rights consent fourth-amendment mitchell-v-wisconsin privacy privacy-rights statutory-interpretation title-iii wiretapping wiretapping-consent Does knowledge of wiretapping establish "consent" to wiretapping under 18 U.S.C. § 2511(2)(c)?
18-1458 Charles J. Vernier v. Debra Gallegos New Mexico 2019-05-22 Denied Response Waived 42-usc-1983 4th-amendment 4th-amendment-search burden-of-proof circuit-precedent circuit-split civil-rights clearly-established clearly-established-law consent consent-burden fourth-amendment implied-consent qualified-immunity search-and-seizure On May 4, 2013, Respondent Debra Gallegos was stopped at a DWI checkpoint in New Mexico. Petitioner Charles Vernier, a New Mexico State Police Officer…
18-9371 Lawrence Dusean Adkinson v. United States Seventh Circuit 2019-05-21 Denied Response WaivedIFP 4th-amendment adhesion-contract cellular-service civil-rights consent csli due-process fourth-amendment historical-csli location-tracking privacy privacy-policy standing Whether a defendant necessarily consents to disclosure of historical CSLI data tracking his physical location in excess of seven days simply by utiliz…
18-9058 Juan L. Garcia v. United States Fifth Circuit 2019-05-01 Denied Response WaivedIFP 4th-amendment cell-phone-data civil-rights consent fourth-amendment home-search lawful-arrest probable-cause search-and-seizure seizure unreasonable-search warrantless-search 1. Does the Supreme Court's decision in Riley v. California, 134 S.Ct. 2473 (2014) (regarding the warrantless search of the contents of a cell phone i…
18-1283 Joseph Montano v. Texas Fifth Circuit 2019-04-10 Denied Response Waived consent consent-requirement cross-examination double-jeopardy fifth-amendment fifth-amendment-privilege judicial-discretion mistrial oregon-v-kennedy plain-error united-states-v-olano If the underlying reason for a sua sponte declaration of mistrial was in plain error, does Olano v. United States override the consent requirement of …
18-7720 Howard Webber v. United States Ninth Circuit 2019-02-01 Denied Response WaivedIFP circuit-split consent consent-defense criminal-law due-process federal-criminal-procedure federal-statute identity-theft mens-rea statutory-interpretation Can a defendant commit aggravated identity theft in violation of 18 U.S.C. § 1028A by using another person's identifying information with that person'…
18-7619 Michael Scott Morris v. United States Tenth Circuit 2019-01-30 Denied Response WaivedIFP 4th-amendment 5th-amendment coercion consent criminal-procedure due-process fourth-amendment police-coercion probable-cause search-and-seizure voluntary-consent warrant-requirement Is consent to search a home freely and voluntarily given when police threaten arrest and jail if they are required to obtain a search warrant?
18-915 Gregory T. Christian v. K. A. Payne, et al. Fourth Circuit 2019-01-16 Denied Response Waived 4th-amendment audio-evidence coercion consent evidence-suppression fourth-amendment procedural-irregularities qualified-immunity search-and-seizure section-1983 suppression-of-evidence warrantless-search whether producing identification without being requested to justifies search for weapons several minutes later; whether overt submission to and facil…
18-764 Oscar Henry Steinmetz v. United States Eighth Circuit 2018-12-14 Denied Response Waived 4th-amendment civil-rights consent consent-search constitutional-rights criminal-procedure due-process fourth-amendment law-enforcement probable-cause search-and-seizure 1. Does the law regarding searches, seizures, and consent need clarification for proper guidance and application? 2. Should a law enforcement officer…
18-6642 Ikemefula Charles Ibeabuchi v. Arizona Arizona 2018-11-08 Denied Response WaivedIFP civil-rights consent constitutional-rights due-process equal-protection fees judicial-review probation probation-conditions probation-officer revocation right-to-counsel A defendant always has the vight to Centact an attorney at his own expense. It is a violation of the U.S. Constitution to punish defendants for exerci…
18-500 The First Presbyterian Church U. S. A. of Tulsa, Oklahoma, et al. v. John Doe Oklahoma 2018-10-18 Denied Amici (3) affirmative-defense church-discipline church-doctrine church-government church-member-disputes consent consent-based first-amendment jurisdiction jurisdictional-doctrine membership membership-dispute religious-autonomy 1. Whether the religious autonomy doctrine derives from the First Amendment or rather is a consent-based doctrine applicable only to disputes between …
18-6354 Cheryl Lynn Jossie v. CVS Pharmacy Eleventh Circuit 2018-10-17 Denied Response WaivedRelisted (3)IFP civil-rights consent discrimination healthcare-information healthcare-information-processing healthcare-information-sharing healthcare-privacy herzing-university hipaa-violation license-practical-nurse licensing medical-information-sharing patient-consent privacy privacy-rights Why is CVS Pharmacy being allowed to break the law by sharing my Healthcare information? My consent was not given or authorized to be included in thei…
18-5296 Todd Rasberry v. United States First Circuit 2018-07-20 Denied Response RequestedResponse WaivedRelisted (2)IFP consent fourth-amendment home-privacy home-search probable-cause search-and-seizure terry-stop terry-v-ohio warrant-requirement warrantless-search May the government circumvent a home occupant's consent by invoking Terry v. Ohio to search home and person without a warrant?
18-5265 In Re Brandon Lee 2018-07-18 Denied IFP consent consent-requirements criminal-procedure due-process equal-protection indictment-procedure indictments indigent-defendants judicial-standard prosecutorial-discretion right-to-counsel right-to-effective-assistance-of-counsel right-to-jury-trial standard 1. SHOULD THE STATE BE PERMITTED TO ISSUE TRUE BILL MISREPRESENTATION OF THE CHARGING INSTRUMENT FOR ALL CRIMINAL MATTERS PERTAINING TO INDIGENT DEFEN…
18-5151 James G. Yahnke v. North Dakota North Dakota 2018-07-06 Denied IFP 4th-amendment blood-test civil-rights consent constitutional-rights drunk-driving due-process fourth-amendment implied-consent probable-cause search-and-seizure warrantless-search Constitolion, wheve, North Dakota State Trogper Taplied Consen t infoumed Petitianer of The Advisory and vequruted a Glood test, and Peitioner grerd b…
18-27 Estate of Juanita Jackson, et al. v. Rubin Schron Eleventh Circuit 2018-07-05 Denied all-writs-act bankruptcy bankruptcy-jurisdiction consent injunctive-relief judicial-authority jurisdiction non-core-proceedings permanent-injunction state-law-claims Can bankruptcy courts use the All Writs Act to expand their jurisdiction and authority beyond the confines of the Bankruptcy Code? And if so, can they…