factual-findings
36 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-975 | CalPortland Company v. Robert Thomas, et al. | Ninth Circuit | 2026-02-18 | Pending | administrative-law-judge administrative-procedure agency-deference factual-findings judicial-review substantial-evidence | When the Commission rejects factual findings of an administrative law judge and makes its own contrary findings, must courts defer to the "findings of… | |
| 25-6324 | Craig Edward Hunnicutt, Jr. v. United States | Sixth Circuit | 2025-12-09 | Denied | Response WaivedIFP | criminal-procedure factual-findings self-defense sentencing-discretion sixth-circuit supervised-release | I. Whether the Sixth Circuit decision affirming Mr. Hunnicutt's supervised release violation and new law convictions, improperly upheld the clearly er… |
| 25-6322 | Jeremy Ian Frieday v. Washington | Washington | 2025-12-09 | Denied | IFP | factual-findings fourteenth-amendment jury-trial-guarantee prior-conviction-exception sentencing-enhancement sixth-amendment | Whether Petitioner's Sixth and Fourteenth Amendment rights were violated when he was subject to an increased standard sentence based on the trial cour… |
| 25-5389 | Steven Pitts v. New York | New York | 2025-08-18 | Denied | IFP | constitutional-rights criminal-sentencing factual-findings jury-trial prior-incarceration sixth-amendment | Whether the Sixth Amendment right to a jury trial applies to factual findings regarding the length of a defendant's prior incarceration and the date o… |
| 24-6895 | Herbert Lavonne Wiggins v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2025-03-31 | Denied | IFP | factual-findings judicial-review legal-standard newly-discovered-evidence procedural-defect writ-of-certiorari | (1) Whew did the law pass, Saying the courts do Hot have to ad; udicate the Mercts oa a writ? (2) How Can a court refuse to adjudicate on the ments a… |
| 24-6297 | Donald Sherman v. Jeremy Bean, Warden, et al. | Ninth Circuit | 2025-01-14 | Denied | IFP | certificate-of-appealability discovery-rights due-process factual-findings ninth-circuit state-appellate-courts | 1. Did the Ninth Circuit err in failing to address Sherman's argument that the state appellate courts factual findings made without notice, an opportu… |
| 24-6187 | Joe Willie Cannon v. Michael Dehner, et al. | Eighth Circuit | 2024-12-20 | Denied | Response WaivedIFP | appellate-review district-court factual-findings interlocutory-appeal qualified-immunity section-1983 | In actions brought pursuant to 42 U.S.C. § 1983, it is well-established that interlocutory review of a denied motion for summary judgment can only be … |
| 24-292 | Salix Pharmaceuticals, Ltd., et al. v. Norwich Pharmaceuticals Inc. | Federal Circuit | 2024-09-13 | Denied | appellate-procedure evidence-standard factual-findings harmless-error judicial-review standard-of-review | This petition concerns core appellate procedure. In reviewing bench trials, the courts of appeals must "discuss" and "analyze" the district court's fi… | |
| 23-1232 | Estate of Allan George, et al. v. City of Rifle, Colorado, et al. | Tenth Circuit | 2024-05-22 | Denied | Response Waived | circuit-split civil-rights due-process factual-findings interlocutory-appeal jurisdictional-limits qualified-immunity scott-v-harris summary-judgment | 1. Whether the Tenth Circuit erred in expanding this Court's decision in Scott v. Harris to swallow the rule of limited jurisdiction on interlocutory … |
| 23-6707 | Sean Robert Wathen v. United States | Ninth Circuit | 2024-02-08 | Denied | Response WaivedIFP | criminal-procedure dangerous-weapon district-court drug-offense enhancement factual-findings findings-of-fact sentencing sentencing-discretion sentencing-guidelines u.s.s.g-2d1.1(b)(1) weapon-enhancement | 1. Is the sentencing court required to make specific findings of fact, supported by the record, that a defendant possessed a dangerous weapon in conne… |
| 23A665 | Tyshawn Shepard v. Ohio | Ohio | 2024-01-22 | Presumed Complete | constitutional-challenge criminal-sentencing factual-findings indeterminate-sentencing jury-trial sixth-amendment | Question not identified. | |
| 23-247 | S. C., Mother v. Philadelphia Department of Human Services, et al. | Pennsylvania | 2023-09-14 | Denied | Response Waived | appellate-review civil-procedure constitutional-law constitutional-rights due-process factual-findings judicial-review legal-error misapplication-of-law state-court-opinion | 1) Did the Opinions of the Pennsylvania Courts constitute erroneous factual findings and / or misapplications of properly stated rules of law, as well… |
| 23-5445 | William Bazemore v. United States | Second Circuit | 2023-08-25 | Denied | Response WaivedIFP | abuse-of-discretion crime-of-violence criminal-procedure district-court factual-findings guilty-plea section-1591 sex-trafficking voluntariness withdrawal | I WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION WHEN IT DENIED DEFENDANT'S MOTION TO WITHDRAW HIS GUILTY PLEA AND FAILED TO MAKE FACTUAL FINDINGS N… |
| 23-114 | Sharon A. Finizie v. Denis R. McDonough, Secretary of Veterans Affairs | Third Circuit | 2023-08-04 | Denied | Response Waived | appellate-review civil-procedure factual-findings judicial-procedure legal-error legal-errors misapplication-of-law rule-of-law standard-of-review third-circuit | 1) Did the decision of the of the United States Court of Appeals for the Third Circuit constitute erroneous factual findings and/or misapplication of … |
| 23-5237 | Jordan Cole Laws v. United States | Fourth Circuit | 2023-07-28 | Denied | Response WaivedIFP | court-discretion criminal-procedure factual-findings indigent indigent-defendant justice-for-victims-of-trafficking-act sentencing special-assessment statutory-interpretation | Did the district court err when it imposed a $5,000 special assessment, pursuant to the Justice for Victims of Trafficking Act of 2015, 18 U.S.C. § 30… |
| 22-122 | Philip Snyder v. Tenth Presbyterian Church | Pennsylvania | 2022-08-09 | Denied | appellate-procedure appellate-review civil-procedure due-process factual-findings legal-review pennsylvania-law rule-of-law standard-of-review superior-court | 1) Did the decision of the Superior Court of Pennsylvania constitute erroneous factual findings and/or misapplication of a properly stated rule of law… | |
| 21-1150 | Sharon Finizie, et al. v. Department of Veterans Affairs | Federal Circuit | 2022-02-18 | Denied | Response Waived | administrative-law civil-procedure due-process factual-findings federal-circuit judicial-review legal-misapplication merit-systems-protection-board standard-of-review | 1) Did the decisions/opinions of the United States Court of Appeals for the Federal Circuit and the Merit Systems Protection Board constitute erroneou… |
| 21-6519 | Jesse Driskill v. Missouri | Missouri | 2021-12-06 | Denied | IFP | brady-violation brady-violations constitutional-claims constitutional-review due-process evidence-destruction factual-findings independent-review prosecutorial-misconduct state-misconduct witness-testimony | I. Whether Missouri's verbatim adoption of the prosecution's factually deficient findings without independent review – contrary to Jefferson v. Upton,… |
| 21-6360 | Qian Williams v. United States | Sixth Circuit | 2021-11-19 | Denied | Response WaivedIFP | court-procedure factual-findings federal-court federal-custody federal-jurisdiction grand-jury-indictment judicial-discretion search-warrant speedy-trial-act | This case presents three issues: Did the court of appeals properly affirm the trial court and hold that the trial court was free to disregard a factua… |
| 21-6260 | Samuel Lee Murchison v. United States | Fourth Circuit | 2021-11-12 | Denied | Response WaivedIFP | appellate-review credibility-determination factual-findings findings-of-fact fourth-circuit judicial-procedure standard-of-review trial-court video-evidence | Did the Fourth Circuit err by employing a "particularly defer[entional]" standard of review to findings of fact by the trial court that did not involv… |
| 21-6100 | Rodrigo Martinez-Mendoza v. United States | Fourth Circuit | 2021-10-27 | Denied | Response WaivedIFP | appellate-review clear-error clear-error-standard due-process factual-findings immigration immigration-law law-enforcement-testimony public-confidence standard-of-review | The "Clear Error" standard of review has been criticized as "elastic, capacious, malleable, and above all variable." Edward H. Cooper, Civil Rule 50(A… |
| 20-8282 | Anthony Herman Lucio v. United States | Fifth Circuit | 2021-06-14 | Denied | Response WaivedIFP | criminal-procedure drug-quantity due-process factual-findings findings judicial-discretion presentence-report sentencing-guidelines | WAS PRESENTENCE REPORT'S CALCULATIONS ON QUANTITY O'F DRUGS UNDER U.S. SENTENCING GUIDELINES MANUAL § 2D1.1 ATTRIBUTED TO DEFENDANT PROPER BASED ON FA… |
| 20-7932 | Virgil Delano Presnell v. Benjamin Ford, Warden | Eleventh Circuit | 2021-05-05 | Denied | IFP | 2254-limitations 2254(d) appellate-procedure factual-findings federal-habeas federal-review habeas-corpus implicit-findings judicial-interpretation state-court state-court-findings wilson-v-sellers | Does Wilson v. Sellers, 138 S. Ct. 1188 (2018), permit a federal habeas court to assign "implicit" factual findings to a state court's order when appl… |
| 20-6519 | Julian Mondragon-Hernandez, aka David Rojas, et al. v. United States | Ninth Circuit | 2020-12-03 | Denied | Response WaivedIFP | alternative-elements conviction criminal-procedure factual-findings judicial-fact-finding judicial-review jury-instructions jury-verdict mandatory-minimum-sentences mandatory-minimums sentencing sufficiency-of-evidence | When a jury verdict allows for alternative elements of conviction, may courts review the evidence and make factual findings to uphold the conviction a… |
| 20-5197 | Lamar Moore, aka Kane v. United States | Second Circuit | 2020-07-31 | Denied | Response WaivedIFP | career-offender-status criminal-penalties due-process factual-findings ineffective-assistance-of-counsel interstate-commerce plea-waiver second-amendment sentencing-enhancement sentencing-enhancements | 1) Shouldn't Moore's Plea and conviction under Count one be Vackted in light of Rehaif V.united states, 139 s.ct.2191 (2o1), Where the indictment fail… |
| 20-5212 | In Re Allen Fitzgerald Calton | 2020-07-29 | Denied | 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… | |
| 19-8372 | Abdul Hakiym Ismaiyl v. Donald C. Nugent | Sixth Circuit | 2020-04-28 | Denied | IFP | abuse-of-discretion appellate-review circuit-court-review clearly-erroneous clearly-erroneous-standard factual-findings frivolous-claims in-forma-pauperis judicial-discretion record-review standard-of-review | Whether a Circuit court, once the veracity of the factual findings of a Dist. Court has been contended not to exist, and not supported by the record, … |
| 19-6976 | James Clayton Johnson v. Arizona | Arizona | 2019-12-17 | Denied | IFP | arizona capital-punishment constitutional-challenge cruel-and-unusual-punishment death-penalty due-process evidentiary-hearing factual-findings meaningful-opportunity standing | Does a court deprive a capital defendant of his due process right to a meaningful opportunity to be heard when the defendant challenges the constituti… |
| 19-5742 | Robert Gene Rand v. United States | Ninth Circuit | 2019-08-29 | Denied | Response WaivedIFP | acceptance-of-responsibility appellate-review criminal-procedure district-court district-court-discretion factual-findings ninth-circuit plea-agreement sentencing-guidelines sentencing-guidelines-application sentencing-reductions standard-of-review | Whether a circuit court errs by affirming a district court's decision regarding the applicability of the United States Sentencing Guidelines based on … |
| 19-5104 | Maurice Samuel Arrington v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-07-09 | Denied | IFP | appellate-procedure certiorari-review civil-rights court-records due-process evidence-assessment factual-findings federal-courts habeas-corpus judicial-standards legal-review standing state-courts supreme-court-precedent | Appeals deny prisoners Due Process to determining rather the CoA should issue and merely quoting Slack v. McDaniel and Miller-El? 2. State trial reco… |
| 19-5077 | Carlton P. Cabot v. United States | Second Circuit | 2019-07-05 | Denied | Response WaivedIFP | appellate-review clear-error criminal-procedure factual-determination factual-findings olano plain-error rule-52(b) sentencing-variance standard-of-review | A district court's factual determinations are generally reviewed for clear error. In rejecting petitioner's appeal in this case, the Second Circuit ad… |
| 18-8348 | Blair Garner v. William Lee, Superintendent, Green Haven Correctional Facility | Second Circuit | 2019-03-08 | Denied | Response WaivedIFP | 911-recordings ancillary-finding appellate-review civil-procedure de-novo-review due-process due-process-clause factual-determination factual-findings federal-rules-of-civil-procedure judicial-procedure notice notice-and-opportunity-to-be-heard standard-of-review | 1. The prejudice component of Strickland v. Washington, 466 U.S. 668 (1984), presents a mixed question of law and fact. Id. at 698. When a district co… |
| 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… |
| 18-7501 | GwanJun Kim v. Grand Valley State University, et al. | Sixth Circuit | 2019-01-22 | Denied | Response WaivedIFP | civil-procedure complaint dismissal due-process evidence factual-findings jurisdiction marshal service-of-process standing summons time-limits | This Court has a jurisdiction QUESTION defraud I The judge and panel "erroneous factual findings"' Kim I, that On March 28, 2011 the U.S. Marshal Ch… |
| 18-7282 | Benjamin Edward Henry Bradley v. United States | Sixth Circuit | 2019-01-08 | Denied | Response WaivedIFP | criminal-procedure drug-quantity due-process factual-findings objection presentence-report sentencing sixth-circuit | Did the Sixth Circuit Court of Appeals errer in affirming the district court's sentencing judgment where the district court adopted the Presentence Re… |
| 18-5596 | George Wallace v. Ron E. Barnes, Warden | Ninth Circuit | 2018-08-15 | Denied | IFP | actual-innocence discovery due-process evidentiary-hearing factual-findings federal-habeas federal-habeas-corpus legal-standard state-court-findings state-court-procedure | 1. Was the federal Court required by Federal law to accept as true any of Petitioners factual allegations that were made and supported in federal cour… |