constitutional-safeguards

16 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5515 Jessie Smith, III v. United States Ninth Circuit 2025-09-02 Denied Response WaivedIFP brady-disclosure constitutional-safeguards criminal-procedure due-process revocation-hearing supervised-release Does the Due Process Clause require that district courts apply the constitutional safeguards of Brady v. Maryland when a defendant faces a revocation …
25-5217 William R. Jackson v. Georgia, et al. Eleventh Circuit 2025-07-29 Denied IFP constitutional-safeguards due-process extradition-clause illegal-confinement state-proceedings warrant-requirements Under-the Extradition Clause of the Constitution Art. TV, §2, cl, 2 and 13 tkS.L §3182 providing procedural safeguards of UCEA does not Subjects a p…
24-740 Jonel H. Guihama v. United States Armed Forces 2025-01-14 Denied Response Waived confession-corroboration constitutional-safeguards false-confession interrogation-tactics military-evidence psychological-coercion Whether courts must consider the circumstances under which a confession was obtained—including extensive psychological pressure and coercive interroga…
23-664 Ralph Harrison Benning v. Tyrone Oliver, Commissioner, Georgia Department of Corrections, et al. Eleventh Circuit 2023-12-20 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) 42-U.S.C.-§-1983 civil-rights constitutional-safeguards correspondence correspondence-interception due-process email prisoner-rights qualified-immunity 1. Where the Supreme Court has required that a prisoner is entitled to procedural safeguards if their "correspondence" is intercepted, are respondents…
21-8177 Marlin Larice Joseph v. Florida Florida 2022-06-17 Denied IFP constitutional-safeguards cruel-and-unusual-punishment death-penalty due-process eighth-amendment fourth-amendment geographic-arbitrariness sixth-amendment standards-of-decency Does the death penalty in and of itself violate the Eighth Amendment in light of contemporary standards of decency and the geographic and other arbitr…
20-1766 In Re John H. Todd 2021-06-21 Denied Response Waived civil-rights confession constitutional-safeguards criminal-investigation due-process evidence evidence-exclusion police-conduct search-warrant Does Oregon's conflicting statutes on search warrants that exist between ORS 133.545(5) which requires a fully trained police officer and ORS 167.345 …
20-944 Pamela D. Stark v. Joe Edward Stark Tennessee 2021-01-13 Denied appellate-review constitutional-safeguards contempt contempt-of-court legislative-safeguards mootness mootness-doctrine prior-restraint right-to-petition 1. Whether a state trial court can create a hybrid form of contempt which avoids traditional constitutional and legislative safeguards and prevents ap…
19-8078 Brandon L. Banks v. Illinois Illinois 2020-03-23 Denied IFP civil-rights constitutional-safeguards counsel due-process equal-protection fair-trial fifth-amendment impartial-jury sixth-amendment Was Petitioner denied Due Process of law for trial by an impartial jury and for equal protection of the law when the Appellate Court applied an unreas…
19-7754 Erik Leonardus Peeters v. United States Ninth Circuit 2020-02-24 Denied Response WaivedIFP commerce-clause congressional-power constitutional-safeguards extraterritorial-jurisdiction foreign-commerce-clause jurisdictional-limits non-commercial-conduct non-economic-conduct police-power united-states-v-al-maliki united-states-v-lopez united-states-v-morrison Does 18 U.S.C. § 2423(c)'s regulation of noncommercial, non-economic conduct of American citizens outside the United States exceed Congress's Foreign …
19-7486 Michael Lindsay v. United States Ninth Circuit 2020-01-29 Denied Response WaivedIFP 18-usc-2423c commerce-clause congressional-power constitutional-safeguards due-process extraterritorial-jurisdiction extraterritorial-regulation foreign-commerce foreign-commerce-clause non-commercial-conduct police-power united-states-v-lopez united-states-v-morrison This Court has well-settled that the Commerce Clause gives Congress no general police power over non-commercial, non-economic conduct. See United Stat…
19-5277 Robert M. Kowalski v. Executive Committee of the United States District Court for the Northern District of Illinois Seventh Circuit 2019-07-22 Denied IFP administrative-action bankruptcy constitutional-safeguards contempt-proceeding criminal-contempt due-process ex-parte judicial-review u.s-trustee us-trustee Whether the Order of the Executive Committee for the Northern District of Illinois declaring that an attorney is "loud and disruptive" and ordering hi…
18-9617 Randolph Harris Austin v. United States Fourth Circuit 2019-06-11 Denied Response WaivedIFP cocaine cocaine-base constitutional-rights constitutional-safeguards democratic-constraints due-process grand-jury grand-jury-indictment indictment jury-instructions procedural-rights procedural-safeguards Whe re the grand jury alleged c ocaine base and the jury was instructed that it didn't matter whether it was c ocaine b ase or cocaine and the judgme…
18-8638 Michael Bennefield v. Georgia Georgia 2019-03-29 Denied Response WaivedIFP constitutional-safeguards criminal-procedure due-process fair-trial guilt-determination jurisdiction jurisdictional-defect plea-bargaining plea-proceedings procedural-validity standing structural-defects When Structural Jurisdictional defects prevent a fair proceeding, can any reliable determination of guilt or innocence be deemed fair? When the Plea …
18-7888 Furn-Lee Salomon v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2019-02-11 Denied IFP constitutional-safeguards criminal-procedure cumulative-error due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel passport-fraud pre-trial-investigation prejudicial-testimony pretrial-investigation strategic-decision strickland-standard strickland-v-washington trial-counsel witness-testimony WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO CONDUCT ANY PRETRIAL INVESTIGATIONS TO AT LEAST INTERVIEW POTENTIAL WITNESSES THAT COULD HAVE SUPPORTED P…
18-6283 Brent Douglas Cole v. United States Ninth Circuit 2018-10-10 Denied Response WaivedIFP constitutional-safeguards fifth-amendment grand-jury individual-rights liberty prosecutorial-interference prosecutorial-misconduct separation-of-powers structural-error structural-protections Whether the indictment in this case should have been dismissed because the structural protections of the grand jury designed to safeguard individual r…
18-53 Lance Dillard, aka Double v. United States Seventh Circuit 2018-07-10 Denied Response Waived constitutional-safeguards criminal-procedure due-process fair-trial internet-access internet-publicity judicial-controls juror-misconduct jury-instructions prejudicial-publicity sixth-amendment Whether the judicial controls utilized in a criminal trial were so constitutionally inadequate to deter or prevent jurors from accessing prejudicial p…