fact-finding

73 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5236 Robert Annabel, II v. Sherman Campbell, Warden, et al. Sixth Circuit 2025-07-30 Denied Response WaivedIFP appellate-review fact-finding legal-standard religious-practice substantial-burden summary-judgment Did the Court of Appeals erroneously define what constitutes substantial burden upon religious practice and did it erroneously find impermissible bind…
24-7486 Bruce Stroud v. United States Fifth Circuit 2025-06-24 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-sentencing fact-finding fifth-amendment jury-trial restitution-order sixth-amendment Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the jury…
24-7278 Malik J. Moss v. United States Third Circuit 2025-05-22 Denied Response WaivedIFP burden-of-proof constitutional-rights due-process fact-finding fifth-amendment sentencing Was Petitioner's Fifth Amendment due process right violated when the Sentencing Court relieved the Government of its constitutionally mandated burden …
24-231 Rakesh Dhingra v. Charles Esposito, et al. Ninth Circuit 2024-08-30 Denied appellate-review civil-rights constitutional-violation fact-finding federal-officials judicial-procedure Did the Ninth Circuit Court of Appeals err in affirming the civil district court's dismissal of petitioner's civil complaint without the civil court c…
23-7783 Joseph James Conkling v. Kansas Kansas 2024-06-24 Denied Response RequestedResponse WaivedRelisted (2)IFP apprendi-precedent apprendi-rule blakely-rule blakely-v-washington criminal-sentencing fact-finding jury-determination jury-trial sentencing sixth-amendment unpled-facts Does this Court's decision in Blakely v. Washington, 542 U.S. 296 (2004) establish an "unpled but admitted facts" exception to the rule set forth in A…
23A621 Darryl Heffner v. Timothy Heffner, et al. Texas 2024-01-04 Presumed Complete appellate-review direct-appeal fact-finding property-dispute stay-of-proceedings trial-court-jurisdiction Question not identified.
23A547 Eric Lavell Minter v. United States Sixth Circuit 2023-12-14 Presumed Complete abuse-of-discretion criminal-procedure fact-finding jury-trial sentencing-enhancement sixth-amendment Where a district court applies a federal sentencing enhancement based on findings of fact at sentencing—and neglects to explain how it selected among …
23-6178 Decardo Moore v. United States Sixth Circuit 2023-12-06 Denied Response WaivedIFP concurrent-sentencing criminal-sentencing fact-finding intent-finding mental-health mental-illness plea-colloquy procedural-reasonableness second-degree-murder sentencing-errors substantive-reasonableness venue-insufficiency Question I - Was there adequate consideration at sentencing of Moore's mental illness such as to make his sentence procedurally and substantively erro…
23-6151 Urbano Torres-Giles v. United States Ninth Circuit 2023-12-01 Denied Response WaivedIFP circuit-split clearly-erroneous-facts criminal-procedure criminal-sentencing due-process fact-finding reliability reliability-standard sentencing-context sentencing-guidelines This Court's precedent precludes the use of clearly erroneous facts to influence a criminal defendant's sentence. Here, the district court assumed the…
23-543 Solena Y. Hampton v. Denis R. McDonough, Secretary of Veterans Affairs Federal Circuit 2023-11-21 Denied Response Waived 38-usc-7104 38-usc-7292 administrative-law chenery-doctrine fact-finding implicit-denial judicial-review statutory-interpretation va-benefits veterans-affairs veterans-claims When the VA fails to adjudicate the disposition of a claim for benefits, may a reviewing Court find that the VA meant to implicitly deny the claim, wi…
23-494 MacNeil IP LLC v. Yita LLC Federal Circuit 2023-11-09 Denied Response WaivedRelisted (2) administrative-law agency-deference appellate-procedure fact-finding judicial-review patent patent-law remand standard-of-review In the case below, the United States Court of Appeals for the Federal Circuit reversed a Final Written Decision of the Patent Trial and Appeal Board b…
22-7525 Joseph S. Barone v. The Lawyer's Fund for Client Protection, et al. Second Circuit 2023-05-11 Denied Response WaivedIFP case-facts civil-procedure civil-rights constitutional-rights due-process fact-finding judicial-immunity judicial-misconduct legal-procedure Does judicial immunity apply when a judge rewrites the facts of a case (which, by such a procedure, have just become fictions) in order to achieve a p…
22-1081 Bruce J. Chasan v. Correale F. Stevens, et al. Pennsylvania 2023-05-05 Denied Response Waived appellate-jurisdiction credibility-determinations defamation excess-of-jurisdiction fact-finding judicial-authority judicial-immunity non-monetary-relief statutory-limitations usurpation-of-authority 1. Where Superior Court judges in Pennsylvania are deprived by statute of jurisdiction to make findings of fact and credibility determinations as appe…
22-7301 Arturo Daniel Aranda v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-04-17 Denied Relisted (2)IFP fact-finding fifth-circuit habeas habeas-corpus miranda-waiver pre-aedpa presumption-of-correctness state-court-process townsend-standard townsend-v-sain 1. On findings of fact, does a federal court (applying the pre-AEDPA statute) presume a finding's correctness whenever the state-court record supports…
22-6808 Erich Deolax Riker v. United States Tenth Circuit 2023-02-16 Denied Response WaivedIFP criminal-procedure due-process fact-finding federal-sentencing jury-finding jury-trial sentencing sentencing-guidelines substantive-reasonableness Whether a factual finding that is necessary to render a federal sentence substantively reasonable must be found by a jury beyond a reasonable doubt.
22-6655 Theodore Washington v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2023-01-30 Denied Amici (1)IFP criminal-procedure deference due-process fact-finding federal-court federal-habeas habeas habeas-corpus judicial-deference procedural-review state-court state-court-findings Must a federal habeas court defer to a state-court finding of fact that favors the defendant?
22-6223 Byron O. Woods Sr. v. United States Federal Circuit 2022-12-05 Denied Response WaivedIFP appellate-review civil-procedure clearly-erroneous-standard conclusions-of-law court-of-appeals fact-finding federal-circuit judicial-conflict legal-findings pullman-standard rule-52(a) standard-of-review (1) The Pullman-Standard , 456 U.S. 273 (1982), this Court developed which is the standard for reviewing jurisprudence for issues of fact and issues …
22-6184 Jowarski Russell Nedd v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-12-01 Denied Response WaivedIFP appellate-jurisdiction circuit-court-jurisdiction due-process fact-finding federal-review habeas-corpus judicial-discretion procedural-default statute-of-limitations tolling WHETHER THE DECISIONS OF THE COURTS BELOW OUGHT TO BE SUMMARILY REVERSED AND THE CASE REMANDED TO THE COURT OF APPEALS WITH INSTRUCTIONS TO REMAND THE…
22-5452 Cameron Paul Crockett v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-08-29 Denied Response WaivedIFP aedpa evidentiary-hearing fact-finding federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice state-court Does AEDPA's "unreasonable determination of the facts" clause contemplate that materially inadequate state court fact-finding processes can satisfy § …
21-7388 Amos Joseph Wells, III v. Texas Texas 2022-03-16 Denied IFP constitutional-violation death-penalty due-process fact-finding ineffective-assistance post-conviction post-conviction-relief racial-animus sixth-amendment When a state provides a mandatory procedure for fact-finding in post-conviction death penalty cases where a constitutional violation is pleaded, does …
21-1044 Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. v. James Nathaniel Bryant, III Fourth Circuit 2022-01-26 Denied capital-punishment capital-sentencing due-process fact-finding federal-review habeas-corpus ineffective-assistance state-court-deference In review of a claim fully adjudicated in state court, did the district court violate 28 U.S.C. § 2254's deference mandate and offend the principles o…
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…
21-6348 Rafael Ramiro-Medina v. United States Ninth Circuit 2021-11-22 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review batson-challenge criminal-procedure discriminatory-intent equal-protection fact-finding jury-selection procedural-error racial-discrimination standard-of-review If a trial court legally errs in applying the final step of the process under Batson v. Kentucky, 476 U.S. 79 (1986), can a federal court of appeals c…
21-6252 Ryder Shane Altman v. United States Fifth Circuit 2021-11-12 Denied Response WaivedIFP appellate-procedure collateral-appeal collateral-review criminal-defendants criminal-procedure fact-finding ineffective-assistance ineffective-assistance-of-counsel pro-se Whether federal criminal defendants presenting substantial claims of ineffective assistance of counsel should receive the benefit of additional fact-f…
21-6087 Maria Vargas-Luna v. United States Fifth Circuit 2021-10-26 Denied Response WaivedIFP advisory-guidelines criminal-law criminal-procedure drug-conspiracy fact-finding judicial-fact-finding jury-trial-right reasonable-doubt sentencing sentencing-guidelines sixth-amendment Petitioner pleaded guilty to conspiracy to possess with intent to distribute a controlled substance. She admitted to the district court that approxima…
21-6077 Torri McCray v. United States Second Circuit 2021-10-26 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split due-process fact-finding fentanyl-analogue fifth-amendment sentencing statutory-interpretation statutory-maximum uncharged-conduct 1. As every Federal Court of Appeals has now taken a position, should this Court resolve the Circuit split as to the proper fact-finding standard for …
20-8181 Linwood Earl Stephens v. United States Fourth Circuit 2021-06-01 Denied Response WaivedIFP appeals appellate-jurisdiction clearly-erroneous-fact criminal-procedure due-process fact-finding fourth-circuit judicial-review jurisdiction sentencing-guidelines standard-of-review Whether the Fourth Circuit Court of Appeals below erred in holding it did not have jurisdiction to review a decision to deny a departure under the Uni…
20-8042 Jorge Cervantes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-05-17 Denied Response WaivedIFP due-process evidentiary-hearing fact-finding federal-habeas habeas-corpus ineffective-assistance judicial-review legal-determination postconviction-relief standard-of-review state-court-findings strickland 1. Was the state court's failure to make the requisite findings of fact and law thus an unreasonable law, as determined by the United States Supreme C…
20-7940 Khaled Elbeblawy v. United States Eleventh Circuit 2021-05-05 Denied Response WaivedIFP constitutional-rights criminal-forfeiture due-process fact-finding forfeiture jury-trial restitution sentencing-enhancements sixth-amendment Whether the Sixth Amendment to the United States Constitution requires a jury trial on the forfeiture, and whether the Sixth Amendment forbids a trial…
20-7755 Wilbert James Veasey, Jr. v. United States Fifth Circuit 2021-04-14 Denied Response WaivedIFP civil-regulations constitutional-rights due-process evidence fact-finding fair-trial judicial-proceedings jury-instructions sixth-amendment (1) Did District court's Jury instruction impermissibly impair and redirect the jury's considerations of the evidence by adding word from Civil Regula…
20-7708 Jose Noe Castro Orellana v. United States Fifth Circuit 2021-04-09 Denied Response WaivedIFP appellate-review circuit-split criminal-sentencing due-process fact-finding plain-error-review procedural-error sentencing-guidelines substantial-rights The Fifth Circuit Court of Appeals held that Mr. Castro Orellana could not show an effect on his substantial rights on plain-error review even though …
20-7581 Michael Hernandez v. Florida Florida 2021-03-26 Denied IFP constitutional-rights fact-finding first-amendment judicial-discretion juvenile-sentencing life-sentence mandatory-minimum sentencing-factors sixth-amendment trial-judge 1. Whether Florida's juvenile sentencing statute - which mandates a life sentence if a certain finding is made and prohibits that sentence when that f…
20-1020 Donald Chimaobi Okoro v. Texas Texas 2021-01-28 Denied Response Waived abuse-of-discretion appellate-review due-process fact-finding findings-of-fact judicial-review legal-contradiction procedural-error standard-of-review trial-court trial-court-findings Does an Appellate Court fail to provide meaningful appellate review when it adopts a Trial Court's findings of fact when those findings contradict the…
20-6837 Jacob Ray Owens v. United States Fifth Circuit 2021-01-12 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure drug-crimes fact-finding judicial-fact-finding methamphetamine-distribution plea-agreement plea-bargaining sentencing sentencing-guidelines sixth-amendment Petitioner pleaded guilty to conspiracy to possess with intent to distribute methamphetamine. He admitted to the district court only to possession of …
20-6371 Antoine Moseley v. Daniel Clarke Seventh Circuit 2020-11-19 Denied IFP 14th-amendment 5th-amendment double-jeopardy double-jeopardy-clause due-process fact-finding fifth-amendment fourteenth-amendment insufficient-evidence prosecutorial-misconduct statutory-elements Whether there were post-acquittal fact-finding proceedings going to guilt or innocence of count 3 and count 4 that shared identical statutory elements…
20-6112 Oscar Pena Trujillo v. Arizona Arizona 2020-10-23 Denied Response WaivedIFP 6th-amendment alleyne apprendi apprendi-rule due-process ex-post-facto-clause fact-finding jury-trial sex-offender-registration sixth-amendment southern-union This Court held in Southern Union Co. v. United States, 567 U.S. 343 (2012), that the rule from Apprendi v. New Jersey, 530 U.S. 466 (2000), requiring…
20-439 Mantissa Corporation v. Ondot Systems, Inc., et al. Federal Circuit 2020-10-06 Denied 35-usc-101 abstract-idea alice-exception fact-finding patent-eligibility pre-emption section-101 technical-field 1) Has this Court's Alice exception to patent-eligibility under 35 U.S.C. § 101 been improperly expanded to cover computer-implemented inventions that…
20-5838 Daryl Dude Nelson v. Mike Brown, Acting Warden Sixth Circuit 2020-09-29 Denied IFP circuit-court-review district-court due-process ex-parte-proceeding fact-finding fraud-on-the-court judicial-oversight legal-authority prosecutor prosecutorial-fraud relief-from-judgment Did the Circuit Court commit a reversible error and grossly violate petitioner's Due Process when it (1) overlooked the district court's fact-finding …
20-5549 Javier Lopez-Garcia v. United States Fifth Circuit 2020-09-01 Denied Response WaivedIFP appellate-review credibility-determination credibility-determinations fact-finding factual-issues federal-sentencing judicial-standard precedent reasonableness-review standard-of-review wrongful-incarceration Whether review for reasonableness in federal sentencing requires a separate, more deferential, standard of review for credibility determinations than …
20-156 Kevin Edward Connors v. Texas Texas 2020-08-13 Denied brady-v-maryland brady-violation cold-record credibility-determinations due-process fact-finding habeas-corpus prosecutorial-misconduct witness-credibility I. Whether it violates due process for a superior court to substitute its own unfavorable fact findings based on a cold record for an inferior court's…
20-145 Carl Skidmore v. Joe A. Lizarraga, Warden Ninth Circuit 2020-08-12 Denied Response Waived certificate-of-appealability cumulative-error de-novo-review district-court evidentiary-hearing fact-finding habeas-corpus post-conviction speculative I. Whether a certificate of appealability should have issued to address the question whether a district court may deny a habeas corpus petition as "sp…
20-5212 In Re Allen Fitzgerald Calton 2020-07-29 Dismissed IFP 6th-amendment appellate-review constitutional-law due-process fact-finding factual-findings habeas-corpus judicial-discretion trial-court (1) Whether the Texas Count of Criminal Appecls and individual judges thereof as the ultimate factfinders in Texas habeas corpus proceeding abused the…
20-5156 Manuel Contreras Saucedo v. United States Fifth Circuit 2020-07-23 Denied Response WaivedIFP constitutional-law criminal-procedure due-process fact-finding federal-sentencing jury-trial reasonable-doubt sentencing I. Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt?
20-5113 Jeremias Robertson v. United States Tenth Circuit 2020-07-21 Denied Response WaivedIFP constitutional-rights due-process fact-finding fifth-amendment guideline-sentencing self-incrimination sentencing sentencing-deliberations silence 1. In United States v. Mitchell , 526 U.S. 314, 330 (1999), this Court held that a sentencing court may not draw adverse factual inferences from silen…
19-8874 Robert Warren Scully v. United States Fifth Circuit 2020-07-01 Denied Response WaivedIFP constitutional-rights criminal-sentencing fact-finding fifth-amendment jury-trial restitution restitution-order sixth-amendment 1. Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the j…
19-8845 Charles Grover Brant v. Florida Florida 2020-06-29 Denied IFP constitutional-challenge death-penalty due-process eighth-amendment fact-finding fourteenth-amendment hurst-v-florida jury-trial jury-unanimity jury-waiver Whether a waiver to an advisory, non-unanimous jury verdict lacking in any fact finding requirement under a death penalty scheme later determined to b…
19-8659 Steven Adam Segovia v. United States Fifth Circuit 2020-06-10 Denied Response WaivedIFP constitutional-law criminal-procedure due-process fact-finding federal-sentencing jury-trial reasonable-doubt sentencing I. Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt?
19-8478 John King v. United States District of Columbia 2020-05-15 Denied Response WaivedIFP alleyne-v-united-states criminal-procedure fact-finding judicial-discretion jury-determination jury-fact-finding mcmillan-v-pennsylvania preponderance-of-the-evidence preponderance-standard sentencing sentencing-enhancement united-states-v-watts I. BY A JURY TO ENHANCE A SENTENCE? AFTER THIS COURT'S DECISION IN UNITED STATES V. ALLEYNE, 570 U.S. 99 (2013), NON-CONTROLLING, CAN THE PREPONDERAN…
19-748 John B. Lepore v. Office of Personnel Management Federal Circuit 2019-12-12 Denied Response Waived administrative-judge-findings administrative-law annuity-calculation basic-pay civil-procedure civil-procedure-rule-52-a-6 creditable-service due-process fact-finding federal-employment government-benefits government-employee-retirement government-employment judicial-review retirement-benefits statutory-interpretation The question presented is whether the court below had the right to ignore that finding, in plain violation of Rule 52(a)(6) which states that "Findin…
19-740 Kayla Butts, Individually and on Behalf of Her Daughter, A. F., a Minor v. United States Fourth Circuit 2019-12-11 Denied Response Waived appellate-review civil-procedure civil-procedure-52a evidence-consideration expert-testimony fact-finding federal-rules-of-civil-procedure federal-tort-claims-act medical-malpractice standard-of-care standard-of-review trial-court-deference 1. Did the Appellate court violate Federal Rules of Civil Procedure 52(a) when it failed to consider all of the evidence before the trial court, inser…
19-6049 Lawrence T. Tyler v. United States Fifth Circuit 2019-09-24 Denied Response WaivedIFP collateral-consequences coram-nobis criminal-sentencing deportation fact-finding fourth-amendment habeas-corpus ineffective-assistance-of-counsel judicial-fact-finding jury-trial loss-amount reasonable-doubt search-and-seizure sixth-amendment Whether a Certificate-Of-Appealability should be granted for the following Claims/Issues : 1, Whether fact of an Actual Loss Amount, which sets the m…
19-5927 Cuitlahuac Tahua Rivera v. California California 2019-09-13 Denied IFP constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to…
19-5917 Matthew A. Castro v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-09-11 Denied Response WaivedIFP 11th-circuit 5th-amendment 6th-amendment constitutional-rights due-process effective-assistance-of-counsel fact-finding federal-courts fifth-amendment habeas-corpus prosecutorial-misconduct sixth-amendment standard-of-review 1). Whether the United States Court of Appeal for the Eleventh Circuit erred by unreasonably determining the facts based on a misreading of the state …
19-311 Al Cannon, Sheriff, Charleston County, South Carolina v. Broderick William Seay, Jr. Fourth Circuit 2019-09-06 Denied Response RequestedResponse WaivedRelisted (9) appellate-review deference double-jeopardy fact-finding federal-habeas manifest-necessity mistrial strict-scrutiny trial-court-deference trial-court-discretion I. In review of a state decision under 28 U.S.C. § 2241, when a federal appellate court must determine if double jeopardy protection bars retrial afte…
19-109 Giovanni Montijo-Dominguez v. United States Tenth Circuit 2019-07-25 Denied Amici (2) 18-usc-3553 circuit-split criminal-sentencing drug-trafficking fact-finding judicial-discretion jury-findings jury-verdict mandatory-minimum preponderance-of-evidence sentencing-discretion standard-of-proof District courts exercise broad discretion at sentencing. They may take into consideration various factors relating to both the offense and the offende…
18-8386 Michael Apelt v. Charles L. Ryan, Director, Arizona Department of Corrections Ninth Circuit 2019-03-12 Denied Amici (1)IFP capital-punishment capital-sentencing evidentiary-hearing fact-finding federal-habeas federal-habeas-corpus habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mental-impairment prejudice strickland-standard strickland-v-washington When determining if a capital defendant was prejudiced by counsel's deficient performance during state sentencing, whether the federal court may bypas…
18-8061 Philip Andra Grigsby v. Juan Baltazar, Jr., Warden Tenth Circuit 2019-02-25 Dismissed Response WaivedRelisted (3)IFP appellate-review certificate-of-appealability civil-procedure court-of-appeals due-process fact-finding habeas-corpus judicial-review procedural-due-process standard-of-review tenth-circuit Has the Court of Appeals for the Tenth Circuit failed to consider all relevant facts prior to denying a Certificate of Appealability?
18-7703 Nathan Smith III v. Sherry Pennywell, et al. Ninth Circuit 2019-02-01 Denied IFP 2254(d)(2) cumulative-error de-novo-review deference due-process fact-finding fourteenth-amendment habeas-corpus habeas-corpus-review ineffective-assistance sixth-amendment standard-of-review unreasonable-determination 1) DID THE CCA SO STRETCH THE FACTS IN THIS CASE SO UNREASONABLY THAT NO DEFERENCE COULD BE POSSIBLE TO ITS INTERPETATION OF WHAT OCCURRED IN THE TACO…
18-1003 Norma L. Slone, et al. v. Commissioner of Internal Revenue Ninth Circuit 2019-02-01 Denied Response Waived appellate-review clearly-erroneous fact-finding factual-findings judicial-procedure standard-of-review tax tax-court tax-court-deference Whether a court of appeals may reverse a fact-dependent ruling of the tax court without articulating any standard of review, finding that any of the t…
18-7615 Michael Alexander Bacon v. United States Tenth Circuit 2019-01-28 Denied Response WaivedIFP circuit-court-split criminal-justice-process criminal-procedure evidentiary-inquiry fact-finding factual-dispute federal-rule-41 federal-rule-of-criminal-procedure-41(g) government-possession post-conviction-motion property-return property-seizure rule-41g seized-property Courts widely recognize the general rule that seized property, other than contraband, should be returned to its rightful owner once criminal proceedin…
18-7189 George Leslie Manlove v. United States Ninth Circuit 2018-12-27 Denied Response WaivedIFP constitutional-rights credibility due-process fact-finding fair-trial jury-role leading-questions prosecutorial-misconduct right-to-jury witness-credibility WAS PETITIONER DENIED HIS CONSTITUTIONAL RIGHTS, INCLUDING HIS RIGHT TO A FAIR TRIAL, BECAUSE THE PROSECUTOR'S CALCULATED, SUSTAINED, AND IMPROPER USE…
18-710 Caner Demirayak v. City of New York, New York, et al. Second Circuit 2018-12-03 Denied Response RequestedResponse WaivedRelisted (2) accessibility alternate-accommodations americans-with-disabilities-act americans-with-disabilities-act-title-ii circuit-split due-process effective-accommodations fact-finding meaningful-access preliminary-injunction public-entity rule-52(a) supervisory-power tennessee-v-lane title-ii This case presents a split between the circuits and conflict with this Court's decision in Tennessee v. Lane, 541 U.S. 509 (2004), as to the fundament…
18-6902 Scott Mansfield v. Florida Florida 2018-12-03 Denied IFP criminal-conviction criminal-procedure death-penalty death-sentence due-process fact-finding findings-of-fact jury-findings jury-instructions notice procedural-due-process sentencing unnoticed-defendant Whether a conviction and death sentence may stand where a jury made no specific findings of fact that subjected an unnoticed individual to conviction …
18-6409 Scotty Garnell Morrow v. Benjamin Ford, Warden Eleventh Circuit 2018-10-23 Denied Amici (1)IFP 28-usc-2254 clear-error due-process fact-finding federal-review habeas-corpus reasoned-opinion section-2254 state-court-adjudication state-court-deference Question 1 In Harrington v. Richter, 562 U.S. 86 (2011), this Court announced that where a state court issues a summary denial of a habeas petitioner…
18-6262 Richard Penunuri v. California California 2018-10-09 Denied IFP constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to…
18-6185 Jason Beckman v. Florida Florida 2018-10-02 Denied Response RequestedResponse WaivedRelisted (2)IFP apprendi apprendi-v-new-jersey criminal-procedure due-process fact-finding factfinding jury-factfinding juvenile-sentencing life-sentence miller-factors miller-v-alabama sentencing-factors sixth-amendment Petitioner Jason Beckman, a juvenile at the time of the offense, was convicted of first-degree murder. Because he was a juvenile, he received an indiv…
18-252 Real Estate Alliance Ltd. v. Move, Inc., et al. Federal Circuit 2018-08-28 Denied Relisted (2) 35-usc-101 alice-corp-v-cls-bank alice-test alice-v-cls-bank computer-user-interface fact-finding federal-circuit inventive-concept patent-claims patent-eligibility patent-infringement patent-law well-understood-routine-and-conventional Is whether an ordered combination of elements in a patent claim is "well-understood, routine and conventional" to a skilled artisan in the relevant fi…
18-215 Lisa M. Aubuchon, et al. v. Maricopa County, Arizona, et al. Ninth Circuit 2018-08-17 Denied 9th-circuit 9th-circuit-panel bias civil-procedure civil-rights due-process employment-contract fact-finder fact-finding government-attorneys judicial-bias judicial-decision legal-precedent notice-of-claim political-bias standing Was the 9th Circuit Panel's Decision a Politically Charged Decision that Assumed the Role of a Fact Finder, as Asserted by the Dissent? Was the exist…
18-5476 Abdul Hakiym Ismaiyl v. Fatimah D. Brown, et al. Sixth Circuit 2018-08-07 Denied IFP abuse-of-discretion civil-procedure civil-procedure-52 clearly-erroneous due-process fabricated-facts fact-finding judicial-discretion pleadings rule-12b6 rule-52 rule-60 Whether the fact finding process under Fed. R. Civ. Proc 52, allowing a court (judge) to present the facts of a case in their own words, also permit a…
18-5223 Gerand Earl Ratcliff v. United States Eleventh Circuit 2018-07-12 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment appellate-review civil-rights consent-search consent-to-search constitutional-rights deferential-review due-process fact-finding schneckloth-v-bustamonte standard-of-review voluntariness-standard Is the voluntariness of consent to search a question of fact that is subject to the same deferential review as findings of historical fact?
18-5204 Jose Luis Morales v. United States Fifth Circuit 2018-07-11 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process enhancement evidence fact-finding immigration immigration-law judicial-error sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation undocumented-aliens WHETHER THE LOWER COURT ERRORED BY DENYING THE RELIEF UNDER SECTION 3E1:1 FOR ACCEPTANCE OF RESPONSIBILITY ? WHETHER THE LOWER COURT ERRORED IN ENHAN…
18-5172 Samuel Isaac Marquez v. Timothy Filson, Warden, et al. Ninth Circuit 2018-07-09 Denied Response WaivedIFP brumfield-precedent brumfield-v-cain due-process fact-finding federal-law habeas-corpus insanity-defense ninth-circuit state-court state-court-fact-finding 1. This Court in Brumfield granted federal habeas corpus relief, despite a lack of clearly established federal law, because the state-court decision r…
18-24 Shannon Hyland v. Liberty Mutual Fire Insurance Company Seventh Circuit 2018-07-03 Denied appellate-review breach-of-contract causation civil-procedure duty-to-defend fact-finding insurance insurance-coverage insurance-litigation judgment-vacatur judicial-proceedings summary-judgment uninsured-motorist Whether the Court of Appeals so far departed from the accepted and usual course of judicial proceedings when it deliberately removed relevant and unco…