| 25-581 |
St. Mary Catholic Parish, Littleton, Colorado, et al. v. Lisa Roy, in Her Official Capacity as Executive Director of the Colorado Department of Early Childhood, et al. |
Tenth Circuit |
2025-11-17 |
Pending |
Amici (23)Response RequestedResponse Waived |
constitutional-law discretion employment-division-v-smith general-applicability religious-freedom secular-conduct |
Colorado's so-called universal preschool program pays for families to send their children to the preschool of their choice, public or private. To part… |
| 25-6116 |
Frank Iglesias v. United States |
Ninth Circuit |
2025-11-14 |
Denied |
Response WaivedIFP |
criminal-procedure discretion early-termination ninth-circuit sentencing supervised-release |
Did the Ninth Circuit abused it's discretion in finding that Petitioner is not entitled to shortening or terminating supervised release of his sentenc… |
| 25-5216 |
Ricardo L. Noble v. Pennsylvania |
Pennsylvania |
2025-07-29 |
Denied |
IFP |
abuse-of-discretion counsel discretion drug-addiction ineffective-assistance legal-representation |
Did Court abuse discretion by Not agreeing With Fact that, at Juvenile Lifer appellant's Resentencing iN 2ol8, pesenten cing gudge Yecanted the only F… |
| 23-7281 |
Alicia Marie Richards v. Ryal W. Richards |
California |
2024-04-19 |
Denied |
Response WaivedIFP |
28-usc-1446 civil-procedure discretion federal-jurisdiction remand remand-petition removal removal-statute state-court-proceedings subject-matter-jurisdiction |
1. Whether the court had subject matter jurisdiction after the removal to the
District Court?
2. Whether "the state court shall proceed no further u… |
| 23-6697 |
Jorge Hernandez v. United States |
Eleventh Circuit |
2024-02-07 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure court-reasoning discretion due-process judicial-discretion mandate mandate-recall motion-denial procedural-due-process reasoning |
In order to permit meaningful appellate review of whether a court properly exercised its discretion, a court must provide at least a brief statement o… |
| 23-6675 |
Pietro Pasquale Antonio Sgromo v. Timothy Ryan, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2024-02-06 |
Denied |
Response WaivedIFP |
civil-procedure contract-law discretion equity-principles judicial-discretion litigation public-policy rescission settlement-agreement settlement-agreements |
1. Does public policy strongly favor settlement of disputes without litigation; or do Courts have discretion to not enforce settlement agreements?
2.… |
| 23-6596 |
Kenneth Roshaun Reid v. United States District Court for the District of South Carolina |
Fourth Circuit |
2024-01-26 |
Dismissed |
Response WaivedIFP |
board-of-immigration-appeals child-status-protection-act criminal-procedure discretion discretionary-review fair-sentencing-act immigration-law plain-error priority-date retroactivity sentencing statutory-interpretation |
Question not identified. |
| 23-6208 |
Pleadro J. Scott v. Miami Dade County, Florida, et al. |
Eleventh Circuit |
2023-12-08 |
Denied |
Relisted (2)IFP |
advocacy appellate-process appellate-review case-law civil-procedure court-procedure discretion due-process incomplete-record judicial-review legal-interpretation statutory-construction |
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fac^s at uF<n~^> &y a pn-Fr… |
| 23-565 |
Hasbro, Inc., et al. v. Markham Concepts, Inc., et al. |
First Circuit |
2023-11-27 |
Denied |
|
attorneys-fees circuit-split copyright copyright-act-section-505 copyright-law discretion judicial-discretion kirtsaeng-standard kirtsaeng-v-john-wiley prevailing-party |
What is the appropriate standard for awarding attorneys' fees to a prevailing party under Section 505 of the Copyright Act? |
| 23-414 |
Devon Archer v. United States |
Second Circuit |
2023-10-19 |
Denied |
Amici (1) |
circuit-split criminal-procedure discretion judicial-discretion manifest-injustice new-trial new-trial-standard rule-33 second-circuit weight-of-evidence |
1. Federal Rule of Criminal Procedure 33 permits a district court to order a new trial "if the interest of justice so requires." The district court he… |
| 23-413 |
Michael Lissack v. Commissioner of Internal Revenue |
District of Columbia |
2023-10-19 |
GVR |
Relisted (2) |
administrative-action administrative-law agency-discretion chevron-deference discretion internal-revenue-service statutory-interpretation tax-law tax-whistleblower whistleblower-award |
Section 7623 of Title 26 governs the Internal Revenue Service's (hereinafter the "IRS") ability to pay awards to whistleblowers. Prior to 2006, awards… |
| 23-5755 |
Dewayne Joseph v. United States |
Eleventh Circuit |
2023-10-11 |
Denied |
IFP |
circuit-split discretion discretionary-relief fair-sentencing-act first-step-act retroactive-application sentencing-guidelines |
1. Whether district courts have an obligation to calculate revised guidelines to reflect the retroactive effect of the Fair Sentencing Act of 2010 as … |
| 23-284 |
H. C., Individually and on Behalf of J. C., a Child With a Disability, et al. v. New York City Department of Education |
Second Circuit |
2023-09-22 |
Denied |
Response WaivedRelisted (2) |
attorneys-fees court-discretion disability-rights discretion due-process due-process-hearing educational-agency idea-act individuals-with-disabilities-education-act prevailing-rates settlement-offers |
1. How does 20 U.S.C. § 1415(i)(3)(G) affect an award of attorneys' fees under the IDEA?
2. What, if any, limit(s) constrain(s) a federal court's dis… |
| 23-5600 |
Richard D. Bostwick v. Massachusetts Executive Office of Health and Human Services, et al. |
Massachusetts |
2023-09-15 |
Denied |
Response WaivedIFP |
appeals bankruptcy bankruptcy-stay civil-procedure discretion due-process judicial-discretion motion-to-vacate standing time-limitation |
Whether Bostwick's Appeal was NOT Reviewed by the Lower Courts (Appeals Case No. 21-P-721) given Bostwick's Notice of Appeal. The following was Appeal… |
| 23-226 |
Antonio Soul Gonzalez v. United States |
Eleventh Circuit |
2023-09-12 |
Denied |
Amici (1) |
covered-offense criminal-sentencing discretion district-court-discretion fair-sentencing-act first-step-act recalculation sentence-reduction sentencing-range statutory-interpretation |
Whether a district court must recalculate a movant's sentencing range as if Sections 2 and 3 of the Fair Sentencing Act of 2010 were in effect at the … |
| 22-7732 |
George Cerron v. Personal Investment Inc. |
Florida |
2023-06-08 |
Denied |
IFP |
appellate-procedure civil-procedure deadlines discretion dismissal motions |
In case 2D21-2195, the Second District Court of Appeals initially issued an order that granted the appellant's former counsel's motion to amend the in… |
| 22-6152 |
Carlos Edward Kennedy v. Carla Jones |
Eleventh Circuit |
2022-11-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-procedure continuance discretion forensic-evidence pro-se |
Question not identified. |
| 22-5061 |
Dewayne Joseph v. United States |
Eleventh Circuit |
2022-07-11 |
GVR |
IFP |
concepcion-ruling concepcion-v-united-states crack-cocaine crack-penalties criminal-resentencing discretion eleventh-circuit fair-sentencing-act first-step-act sentencing sentencing-modification |
Whether this case should be reversed and remanded in light of Concepcion? |
| 21-7717 |
Kacy Fonteze Williams v. Mississippi |
Fifth Circuit |
2022-04-27 |
Denied |
Response WaivedIFP |
constitutional-claim discretion discretionary-review district-court federal-review firearm-charge habeas habeas-corpus right-to-be-heard standard-of-review state-court |
Whether The District Court Failed To Properly Utilize Its Discretion On The Petitioners Habeas Where The Court Dismissed The Firearm Charge Issue Rend… |
| 21-7536 |
Ramonta Forte v. Joe A. Lizarraga, Warden |
Ninth Circuit |
2022-04-05 |
Denied |
Response WaivedIFP |
6th-amendment counsel-of-choice discretion due-process federal-law habeas-corpus right-to-counsel sentencing |
1. WHETHER THE DISTRICT COURT CORRECTLY DETERMINED THAT THE RIGHT TO COUNSEL AT SENTENCING IS NOT CLEARLY ESTABLISHED FEDERAL LAW?
2. WHETHER THE DIS… |
| 21-1319 |
Mark Nordlicht and David Levy v. United States |
Second Circuit |
2022-04-04 |
Denied |
Amici (1) |
credibility criminal-procedure discretion district-court-discretion evidence-weighing federal-rules-of-criminal-procedure jury-verdict new-trial new-trial-motion rule-33 standard-of-review witness-credibility |
Whether district courts have discretion to weigh the evidence, including the credibility of witnesses, when deciding to grant a new trial under Rule 3… |
| 21-7357 |
Joel Castro-Lopez v. United States |
Fifth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure criminal-sentencing discretion district-court-discretion guidelines judicial-reasoning legal-standard sentencing sentencing-guidelines standard-of-review |
Whether a district court errs should reference or address substantial arguments for a sentence outside the Guideline range? |
| 21-1116 |
Matthew Liebovich, et al. v. Diane Janice Tobin, et al. |
California |
2022-02-11 |
Denied |
|
civil-procedure discretion due-process notice notice-requirement state-court-discretion state-statute supreme-court-precedent void-judgment |
Notice is an "elementary and fundamental requirement of due process," so where a court enters a judgment absent notice, the Due Process Clause demands… |
| 21-6803 |
Javier Rosales v. United States |
Fifth Circuit |
2022-01-10 |
Denied |
Response WaivedIFP |
abuse-of-discretion amendment-782 discretion drug-conspiracy due-process fifth-amendment opportunity-to-be-heard retroactive-amendment sentence-reduction sentencing sentencing-guidelines |
1. Whether the Fifth Circuit erred in deciding that the District Court's order denying relief under 18 U.S.C. § 3582(c)(2) did not comprise an abuse o… |
| 21-6566 |
Steven Craig Bethea v. United States |
Fourth Circuit |
2021-12-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-review criminal-sentencing discretion eighth-amendment judicial-abuse sentencing sentencing-discretion substantive-reasonableness upward-variance |
WHETHER THE DISTRICT COURT ERRED IN SENTENCING THE APPELLANT STEVEN BETHEA TO A GREATER SENTENCE THAN NECESSARY AS THE COURT ABUSED ITS DISCRETION BY … |
| 21-523 |
Damon Simon, et ux. v. Roche Diagnostics Corporation |
Fifth Circuit |
2021-10-08 |
Denied |
Response Waived |
appellate-discretion appellate-procedure certification civil-procedure court-of-appeals discretion judicial-procedure legal-review standard-of-review state-law state-law-certification |
1. Whether the court of appeals applied an improper standard of review in exercising its discretion when ruling on the Simons' request to certify the … |
| 20-8347 |
Terron McAllister v. United States |
Fourth Circuit |
2021-06-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-resentencing discretion first-step-act guidelines guidelines-range judicial-discretion resentencing sentence-reduction sentencing sentencing-discretion |
Whether a District Court adjudicating a motion for a reduced sentence under the First Step Act abuses its discretion when a defendant would have a sig… |
| 20-8281 |
Dominic Franza v. James Stinson, Superintendent, Great Meadow Correctional Facility |
Second Circuit |
2021-06-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-procedure appellate-review civil-procedure discretion judicial-procedure legal-precedent mandate-recall recall-of-mandate second-circuit |
Was it an abuse of discretion for the Second Circuit to deny Petitioner's Recall of the Mandate motion when the Second Circuit's very own decisions re… |
| 20-8106 |
Roy Taylor v. Cynthia Brann, Commissioner, New York Department of Corrections |
New York |
2021-05-21 |
Denied |
IFP |
bail-modification bail-reform constitutional-procedure court-discretion criminal-procedure discretion due-process excessive-bail misdemeanor misdemeanor-charges |
WHETHER NEW YORK STATE COURTS "ERRORED" NOT ADDRESSING THE MERITS OF:
1. WHETHER THE NEW YORK COUNTY SUPREME COURT ERRED EXONERATING BAIL ($125,000) … |
| 20-7887 |
Ronnie Spells v. United States |
Second Circuit |
2021-04-29 |
Denied |
Response WaivedIFP |
crack-cocaine discretion first-step-act judicial-discretion mandatory-minimums racial-disparities sentencing sentencing-reduction statutory-interpretation systemic-racism |
Whether District Court Judge Castel and the Second Circuit Appeals Court perpetuated continued systemic racism by contending that Congress left out th… |
| 20-7878 |
Maci Denon Davis and Joe L. Franklin v. United States |
Eighth Circuit |
2021-04-28 |
Denied |
Relisted (2)IFP |
congress congressional-intent discretion district-court eighth-circuit first-step-act sentencing-commission sentencing-guidelines unwarranted-disparities |
Whether the Eighth Circuit Court of Appeals incorrectly found that the district court was permitted to tether itself to the United States Sentencing G… |
| 20-1130 |
Ericsson Inc., et al. v. TCL Communication Technology Holdings Limited, et al. |
Federal Circuit |
2021-02-17 |
Denied |
Relisted (3) |
appellate-review civil-procedure discretion federal-civil-procedure judgment-as-a-matter-of-law judgment-as-matter-of-law legal-issues preservation-of-issues summary-judgment |
1. Whether, notwithstanding the ordinary rule that a pretrial denial of a motion for summary judgment is not reviewable on appeal, there is an excepti… |
| 20-6953 |
Dwyne Byron Deruise, aka Duke v. United States |
Eleventh Circuit |
2021-01-26 |
Denied |
IFP |
career-offender circuit-split criminal-justice-reform discretion discretionary-review first-step-act resentencing sentencing-guidelines |
Whether a district court that chooses to conduct a resentencing under § 404 of the First Step Act is prohibited from considering a defendant's current… |
| 20-6316 |
Mickey Pubien v. United States |
Eleventh Circuit |
2020-11-13 |
Denied |
Response WaivedIFP |
circuit-split criminal-justice-reform criminal-resentencing discretion first-step-act penalty-reduction sentencing sentencing-discretion statutory-interpretation |
What the district court may appropriately consider when imposing a reduced sentence pursuant to § 404 of the First Step Act of 2018 remains an unsettl… |
| 20-6281 |
Kevin Lamar Ratliff v. United States |
Eleventh Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
amendment-782 career-offender criminal-law criminal-procedure discretion federal-sentencing federal-sentencing-guidelines guideline-amendment judicial-discretion sentencing sentencing-guidelines |
Lower Courts have discretion to reduce Whether the
Petitioner's sentence under U.S.S. Guideline Amendment 782,
regardless of Petitioner's career offen… |
| 20-638 |
Samuel Gonzales v. ConocoPhillips Company, et al. |
Fifth Circuit |
2020-11-10 |
Denied |
Response Waived |
attorney-fees burden-shifting civil-rights discretion employee-benefits erisa |
1. Whether and to what extent district courts must consider ERISA's purpose "to protect *** the interests of participants in employee benefit plans an… |
| 20-6093 |
Hany Sayed Abutaleb v. Mona Mohamed Abutaleb |
Illinois |
2020-10-21 |
Denied |
Relisted (3)IFP |
401(k) 401k-distribution asset-division discretion divorce-proceedings divorce-settlement equitable-distribution joint-assets judicial-discretion marital-assets property-division property-ownership |
Whether triai court did not abuse its discretion in awarding wife 75% of husband's 401{k)account although both are still having four joint assets plus… |
| 20-527 |
Kevin Guskiewicz, in His Official Capacity as Chancellor of the University of North Carolina at Chapel Hill, et al. v. DTH Media Corporation, et al. |
North Carolina |
2020-10-20 |
Denied |
Amici (2) |
disciplinary-records discretion education-records educational-privacy ferpa public-records sexual-assault sexual-assault-disciplinary-records supremacy-clause |
Does the Supremacy Clause permit a state public-records law to override the discretion that FERPA grants universities over the disclosure of sexual as… |
| 20-5857 |
Alimamy Barrie v. United States |
Fourth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
18-USC-3582 criminal-procedure discretion federal-sentencing guidelines judicial-discretion retroactivity sentencing sentencing-amendment statutory-interpretation |
Question not identified. |
| 20-334 |
City of San Antonio, Texas, On Behalf of Itself and All Other Similarly Situated Texas Municipalities v. Hotels.com, L.P., et al. |
Fifth Circuit |
2020-09-14 |
Judgment Issued |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
appellate-costs circuit-split civil-procedure cost-award discretion federal-rules judicial-discretion procedural-interpretation standard-of-review |
Whether, as the Fifth Circuit alone has held, district courts "lack[] discretion to deny or reduce" appellate costs deemed "taxable" in district court… |
| 20-5594 |
William N. Lucy v. Estate of Annie D. Fox |
Alabama |
2020-09-04 |
Denied |
Relisted (2)IFP |
administrative-exhaustion administrative-law circuit-court civil-rights discretion due-process estate-administration judicial-review probate procedural-requirements standing |
Question not identified. |
| 20-5561 |
Craig Edward Hunnicutt, Jr. v. United States |
Sixth Circuit |
2020-09-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review discretion federal-sentencing first-step-act guidelines judicial-discretion motion-denial sentence-reduction sentencing |
1. A First Step Act (FSA) sentence reduction denial should come only after a
"complete review on the merits." Yet the Sixth Circuit held that it had n… |
| 20-5478 |
Fernando Hernandez v. United States |
First Circuit |
2020-08-25 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure discretion domestic-violence drug-trafficking due-process sentencing sentencing-discretion |
Was Hernandez ' due process rights violated when the district court abused
its discretion in relying on Hernandez ' domestic violence past in sentenc… |
| 20-5469 |
Alfonzo Traymayne Lee v. United States |
Eighth Circuit |
2020-08-24 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights discretion due-process equal-protection first-step-act judicial-discretion sentencing sentencing-reduction statutory-interpretation |
Whether giving the District court discretion to grant or deny sentencing reduction pursuant to 18 USC 3553(a) and the First Step Act of 2018, Section … |
| 20-5361 |
Luis Torres-Marquez v. United States |
Ninth Circuit |
2020-08-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-sentencing discretion gall-v-united-states judicial-discretion presumption-of-reasonableness sentencing-guidelines standard-of-review |
For purposes of applying the abuse of discretion standard and presumption of reasonableness on appellate review of a within guidelines sentence, does … |
| 20-131 |
Essity Hygiene and Health AB v. Cascades Canada ULC, et al. |
Federal Circuit |
2020-08-07 |
Denied |
|
appointments-clause constitutional-interpretation discretion federal-circuit forfeiture judicial-discretion pending-cases precedential-decision scalia |
Following a precedential decision sustaining an Appointments Clause challenge, does a court have discretion to apply the decision in pending cases whe… |
| 20-98 |
Thomas Wood, Individually and as Personal Representative of the Estate of Philip Talmadge Wood v. The Boeing Co. |
District of Columbia |
2020-07-30 |
Denied |
Amici (1)Response Waived |
access-to-courts civil-procedure convenience discretion forum-non-conveniens international-litigation judicial-discretion material-injustice positive-evidence |
This Court has repeatedly held that a federal court has discretion to dismiss a case on the ground of forum non conveniens "when an alternative forum … |
| 20-41 |
Warren Wexler v. United States |
Tenth Circuit |
2020-07-17 |
Denied |
Response Waived |
administrative-discretion administrative-law attending-physician discretion jurisdiction medical-evaluation occupational-injury periodic-report second-opinion workers-compensation |
Whether it is within the OWCP's (Office of Workers' Compensation Programs) discretion to not request a periodic report from the AP (attending physicia… |
| 19-8877 |
Patrick D. Lomas v. United States |
Fifth Circuit |
2020-07-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure discretion fair-sentencing-act first-step-act judicial-discretion section-404 sentencing sentencing-reduction statutory-interpretation |
i.
Did the District Court abuse it's Discretion when it denied Petitioner's
Motion seeking a reduction of Sentence under Section 404(b) of the First S… |
| 19-8412 |
Lenroy McLean v. United States |
Second Circuit |
2020-05-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-court criminal-procedure discretion discretionary-review forfeiture plain-error sentencing sentencing-guidelines substantial-rights |
QUESTION I
Should the Second Circuit Court of Appeals exercise it's discretion
to correct the forfeited error of Petitioner's miscalculated guideline… |
| 19-1260 |
Andrew Demma v. United States |
Sixth Circuit |
2020-04-30 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
18-usc-3553a appeals-court child-pornography circuit-split discretion gall-v-united-states judicial-discretion kimbrough-v-united-states policy-disagreement sentencing-guidelines substantive-reasonableness |
(1) Whether the discretion recognized under Kimbrough v. United States for a district court to vary based on a policy disagreement applies to the chil… |
| 19-7648 |
Otis Renaldo Harris v. United States |
Fourth Circuit |
2020-02-12 |
Denied |
Response WaivedIFP |
criminal-justice criminal-procedure discretion discretionary-power district-court due-process equal-protection judicial-review sentencing sentencing-reduction statutory-interpretation |
I. WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION
WHEN IT FOUND THAT PETITIONER HARRIS WAS NOT ELIGIBLE
FOR A SENTENCE REDUCTION UNDER SECTION 404? |
| 19-997 |
Gary S. Williky v. Securities and Exchange Commission |
Seventh Circuit |
2020-02-10 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review circuit-court civil-penalties discretion guilty-plea guilty-pleas guilty-verdicts judicial-discretion seventh-circuit whistleblower |
Did the Seventh Circuit Court of Appeals err in determining that the Trial Court did not abuse its discretion by awarding 2x civil penalties against W… |
| 19-7451 |
David Keith Rogers v. California |
California |
2020-01-30 |
Denied |
IFP |
6th-amendment constitutional-hearing constitutional-rights court-discretion discretion due-process evidentiary-hearing fair-trial hearing judicial-procedure juror-misconduct legal-review |
Question not identified. |
| 19-7473 |
Milon Jarr Brown v. Michigan |
Michigan |
2020-01-29 |
Denied |
IFP |
civil-rights confrontation-clause constitutional-rights discretion due-process expert-testimony fifth-amendment hearsay judicial-bias photographic-evidence prosecutorial-misconduct self-incrimination sixth-amendment |
WAS THE PETITIONER DENIED AN OPPORTUNITY TO PRESENT A COMPLETE DEFENSE WHEN A WITNESS FROM THE DEFENSE INVOKED A SPECIOUS FIFTH AMENDMENT CLAIM AGAINS… |
| 19-7459 |
Christopher Peyton v. Ravonne Sims, Warden, et al. |
Kentucky |
2020-01-29 |
Denied |
IFP |
civil-rights constitutional-rights discretion due-process familial-visitation family-bonds grievance-procedure incarceration-rights parole rehabilitation visitation |
Does incarceration sever a person's right to maintain their familiar bonds through some form of visitation?
Were Petitioner's Due Process Rights viol… |
| 19-898 |
Kimberly D. Collins v. Gwendolyn Thornton |
Fourth Circuit |
2020-01-21 |
Denied |
Response WaivedRelisted (2) |
circuit-split civil-procedure discretion federal-rules-of-civil-procedure good-cause judicial-discretion service-of-process statute-of-limitations |
Some five years ago, in Chen v. Mayor & City Council of Baltimore, Md., 135 S. Ct. 475 (2014) (mem.), this Court recognized at least a 7-1 circuit spl… |
| 19-699 |
Albert D. Moustakis v. Wisconsin Department of Justice |
Wisconsin |
2019-12-03 |
Denied |
Response Waived |
administrative-law case-law common-law discretion discretionary-power judicial-review mandamus open-records open-records-law public-official public-records strict-scrutiny |
1.) Whether the common law writ of mandamus may be issued when a public official exercises discretion outside the constraints placed upon the discreti… |
| 19-6485 |
Ryan Van Stevenson v. United States |
Sixth Circuit |
2019-11-05 |
Denied |
Response WaivedIFP |
appellate-waiver criminal-procedure discretion due-process due-process,appellate-waiver,abuse-of-discretion,s evidence-standard extrinsic-evidence judicial-discretion preponderance-of-the-evidence sentencing-enhancement |
Did the Court abuse it's discretion when it enforced an appellate waiver on an issue that was outside the scope of the appellate waiver's provisions?
… |
| 19-6252 |
Edinson Herrera Ramirez v. Maryland |
Maryland |
2019-10-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion appellate-review biased-jury criminal-procedure discretion ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-selection legal-standard maryland-court-of-appeals peremptory-challenge peremptory-strike prejudice |
WHETHER THE MARYLAND COURT OF APPEALS ERRED AND ABUSED ITS DISCRETION IN HOLDING THAT PETITIONER HAD RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL BY COU… |
| 19-472 |
City of East Cleveland, Ohio, et al. v. Charles Hunt, et al. |
Ohio |
2019-10-10 |
Denied |
Response Waived |
abuse-of-discretion bifurcation civil-litigation civil-procedure civil-procedure-bifurcation discretion emergency-vehicle-immunity expert-witness-testimony juror-misconduct manifest-weight-of-evidence motion motion-to-bifurcate trial trial-court-discretion trial-procedure |
1. Whether the Trial Court abused its discretion when it denied Petitioners' Motion to Bifurcate the trial.
2. Whether the Trial Court abused its dis… |
| 19-5333 |
Charles York Walker, Jr. v. United States |
Fourth Circuit |
2019-07-25 |
GVR |
IFP |
abuse-of-discretion case-specific-factors criminal-procedure criminal-procedure-rule-11 discretion district-court district-court-discretion felon-in-possession grand-jury incorrect-assumptions opioid-crisis plea-agreement plea-bargaining policy-disagreement rehaif-standard rule-11 |
Whether a district court abuses its discretion by determining whether to accept or reject a plea agreement under Rule 11 of the Rules of Criminal Proc… |
| 18-9815 |
Kazi Bowles v. Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-06-26 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights constitutional-provisions discretion district-court due-process federal-jurisdiction habeas-corpus judicial-review jurisdiction petition relief standing writ-of-habeas-corpus |
DID THE ELEVENTH CIRCUIT COURT OF APPEAL ERROR BY NOT USING A CLEAR ERROR STANDARD OF REVIEN WHILES REVIEWING THE PETTIONERS MOTION FOR RELIEF FROM JU… |
| 18-9763 |
Stirling Michael Heaton v. United States |
Eighth Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
concurrent-sentences concurrent-sentencing criminal-procedure criminal-sentencing discretion federal-guidelines federal-jurisdiction federal-plea-agreement judicial-discretion modification retroactive-amendment retroactive-guidelines-amendment sentence-concurrency sentencing-guidelines sentencing-modification sentencing-reform-act |
(1). In § 3582(c)(2) proceedings to modify a federal sentence in light of a retroactive amendment to the United States Sentencing Guidelines, does the… |
| 18-1435 |
Matthew Wayne Minard, Individually and in His Official Capacity as a Taylor Police Officer v. Debra Lee Cruise-Gulyas |
Sixth Circuit |
2019-05-15 |
Denied |
Response Waived |
civil-rights constitutional-rights discretion discretionary-action discretionary-enforcement due-process first-amendment fourteenth-amendment fourth-amendment free-speech law-enforcement qualified-immunity retaliation retaliatory-arrest traffic-stop |
I. Did the Sixth Circuit Court of Appeals define the "clearly established" constitutional rights at issue in this qualified immunity case at too high … |
| 18-8951 |
Terrance Proctor v. Wendy Kelley, Director, Arkansas Department of Correction |
Arkansas |
2019-04-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure discretion due-process eighth-amendment graham-v-florida juvenile-sentencing life-without-parole mitigation proportionality sentencing-mitigation |
1. Are consecutive, fixed term sentences for juveniles unconstitutional at the outset when they amount functional equivalent of life w/out parole?
Ap… |
| 18-8759 |
Cuauhtemoc Juarez-Aquino v. United States |
Ninth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-sentencing discretion district-court-authority due-process judicial-discretion majority-circuits ninth-circuit sentencing-discretion sentencing-factors |
Whether a federal district court is permitted boundless discretion to weigh established factors at sentencing, as the Ninth Circuit has held, or wheth… |
| 18-8490 |
Bernard Mitchell v. California |
California |
2019-03-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review |
1. Did the court abuse its discretion in permitting the jury to be exposed to the nicknames "Crip" and "'Scrap,"' which have been taken as a suggestio… |
| 18-8468 |
Alfredo Mendez v. United States |
Ninth Circuit |
2019-03-19 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-procedure discretion district-court-authority due-process federal-courts judicial-discretion sentencing sentencing-discretion sentencing-factors |
Whether a federal district court is permitted boundless discretion at sentencing to weigh established factors at sentencing, as the Ninth Circuit has … |
| 18-8370 |
Lonnie Eugene Lillard v. United States |
Ninth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
appellate-review conflict-of-interest constitutional-rights criminal-appeal criminal-procedure discretion due-process federal-procedure ninth-circuit self-representation |
What procedural safeguards are afforded to federal criminal defendants when an Appellate Court panel exercises its discretion in deciding whether or n… |
| 18-8083 |
Reshawn D'Arby Magnificent-El, aka Reshawn D'Arby Phillips v. United States |
Ninth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion compliance criminal-procedure discretion district-court drug-testing due-process knowingly-used-drugs sentencing-conditions supervised-release supervised-release-conditions |
Whether a district court abuses its discretion in imposing a drug-testing condition on a defendant who never knowingly used drugs, and has otherwise b… |
| 18-7920 |
Harold A. Habeck, II v. United States |
Fourth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
consecutive-sentences criminal-procedure criminal-procedure,sentencing,mandatory-minimums,d criminal-sentencing discretion drug-offense drug-offenses firearms mandatory-minimum mandatory-minimums predicate-crime sentencing-discretion statutory-interpretation |
"Whether; Dean v. United States, 581 U.S. (2017) permits a district court the discretion to consider less than the mandatory sixty month consecutive s… |
| 18-721 |
Norman Bloom v. Aftermath Public Adjusters, Inc., et al. |
Fifth Circuit |
2018-12-06 |
Denied |
|
certification circuit-split civil-procedure discretion diversity-jurisdiction federal-court federal-court-discretion federal-courts legal-uncertainty procedural-standards state-law state-law-certification |
Whether the language of a state's certification rule should factor into the federal court's decision to certify a dispositive state law question in a … |
| 18-706 |
Esther Kiobel, By and Through Her Attorney-In-Fact, Channa Samkalden v. Cravath, Swaine & Moore LLP |
Second Circuit |
2018-11-30 |
Denied |
Response Waived |
confidentiality-order discovery-standards discretion discretion-of-district-court district-court-discretion foreign-court-receptivity foreign-legal-assistance foreign-legal-assistance-statute-28-usc-1782 foreign-non-discoverability intel-case intel-v-advanced-micro-devices non-discoverability second-circuit-court-of-appeals section-1782 |
Under Intel, may a district court in its discretion allow Section 1782 discovery where the foreign court is receptive to U.S. discovery, but the docum… |
| 18-6833 |
Jose Ramon Zuniga, aka Josue Ararel Zuniga-Zaragoza, aka Jose Ramon Zuniga-Garcia v. United States |
Fifth Circuit |
2018-11-27 |
Denied |
Response WaivedIFP |
criminal-procedure discretion due-process federal-jurisdiction judicial-discretion offense-level residual-clause sentencing sentencing-guidelines sentencing-standards statutory-interpretation |
1. Whether a Guideline which incorporates by reference § 16(b)'s residual clause may serve as the basis for increasing the defendant's offense level u… |
| 18-6202 |
Amil Dinsio v. Appellate Division, Supreme Court of New York, Third Judicial Department |
Second Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-procedure appellate-review civil-procedure court-mandate discretion due-process federal-courts judicial-discretion legal-review mandate mandate-recall motion-denial recall standing |
Did the Second Circuit Court abuse its discretion when it denied the Petitioner's motion to recall the Court's mandate? See Exhibit B
Did the Federal… |
| 18-6068 |
Rodney L. Jones v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2018-09-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review certificate-of-appealability civil-procedure court-of-appeals discretion due-process habeas-corpus |
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rr grc .X1' YJC TN(~'9
APPLIc,Tzc RQ rrFICAYB |
| 18-333 |
Old Dominion Electric Cooperative v. Federal Energy Regulatory Commission |
District of Columbia |
2018-09-14 |
Denied |
Amici (1) |
administrative-law discretion federal-energy-regulatory-commission ferc-discretion filed-rate-doctrine market-based-rate polar-vortex reliability retroactive-ratemaking |
Whether the court of appeals erroneously determined that the filed rate doctrine and the rule against retroactive ratemaking leave the Federal Energy … |
| 18-5699 |
Chuck Wayne Boyd v. United States |
Eleventh Circuit |
2018-08-22 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 3553-factors 3582-modification criminal-sentencing discretion inmate-progress judicial-discretion post-sentence-history pre-sentence-history sentence-reduction sentencing-guidelines usg-amendment-782 |
When considering a sentence reduction under 18 U.S.C.§ 3582 and U.S.S.G. Amendment 782, does the court abuse it's discretion by not explaining the rea… |
| 18-5607 |
Friday Ogunyemi James v. United States |
Third Circuit |
2018-08-16 |
Denied |
Response WaivedIFP |
criminal-procedure discretion due-process evidence fair-instruction jury-instructions restitution sentencing sentencing-discretion tax tax-offense theory-of-defense trial-exhibit willfulness |
1. Whether the Petitioner was entitled to a fair instruction to support the verdict in his favor on the theory of defense that has the basis in the ev… |
| 18-5207 |
Omar Montoya v. United States |
Fifth Circuit |
2018-07-11 |
Denied |
Response WaivedIFP |
18-usc-3582 circumstances-beyond-control criminal-sentencing,sentencing-guidelines,abuse-of criminal-sentencing,sentencing-guidelines,sentenci discretion sentencing-guidelines sentencing-range timeliness |
Whether the District Court reversibly erred in Denying to Reduce and Appropriate Outcome when the Subsequent Sentencing Range has been Lowered by the … |
| 18-5047 |
Keith Lamont Tutt v. United States |
Fourth Circuit |
2018-06-29 |
Denied |
Response WaivedIFP |
abuse-of-discretion acceptance-of-responsibility corporate-liability criminal-procedure-due-process discretion due-process environmental-regulations fair-opportunity officer-responsibility plea-bargaining regulatory-compliance sentencing statutory-interpretation withdraw-guilty-plea withdrawal-of-plea |
1) Whether the district court Prejudiced the defendant by denying him due process of a concerning his reasons for Wanting to withdraw his guilty plea … |