fair-warning
20 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-130 | Desiree Martinez v. Channon High | Ninth Circuit | 2024-08-06 | Denied | Amici (2) | circuit-split civil-rights constitutional-violation domestic-violence due-process fair-warning police-conduct police-liability qualified-immunity | Whether an officer can be fairly warned about the unconstitutionality of her conduct even when the facts of previous cases are not materially identica… |
| 23-1367 | Pamela Quinlan v. Joseph P. Lopinto, III, Sheriff, Jefferson Parish, Louisiana, et al. | Fifth Circuit | 2024-07-02 | Denied | civil-rights due-process fair-warning fifth-circuit malicious-prosecution qualified-immunity section-1983 thompson-v-clark | Whether the United States Fifth Circuit cases of Guerra v. Castillo, 22-40196 (5th Cir. Sep 7, 2023) and Wallace v. Taylor, 22-20342 (5th Cir. Apr 24,… | |
| 23-871 | Lotus Vaping Technologies, LLC v. Food and Drug Administration | Ninth Circuit | 2024-02-13 | Denied | Amici (2)Relisted (4) | administrative-procedure-act arbitrary-and-capricious circuit-split comparative-efficacy electronic-nicotine-delivery-systems fair-warning flavored-products food-and-drug-administration marketing-applications | Whether FDA's denial of Petitioner's marketing applications for flavored ENDS was arbitrary and capricious where FDA based the denial solely on a prev… |
| 23-6042 | Joel Flores v. United States | Tenth Circuit | 2023-11-17 | Denied | Response WaivedIFP | criminal-law drug-offense drug-offenses due-process fair-warning firearm-possession firearms statutory-ambiguity statutory-interpretation vagueness | Whether 18 U.S.C.§924(c) provides fair warning of what constitutes possession of a firearm "in furtherance of" a drug offense as opposed to possession… |
| 22-6879 | Bobby O. Williams v. Appellate Court of Illinois, Fifth District | Illinois | 2023-02-28 | Denied | Response WaivedIFP | aggravating-factors due-process fair-warning judicial-expansion jury-determination jury-findings retroactivity sentencing-review statutory-interpretation sufficiency-of-evidence | On Petitioner's second direct appeal, in resolving Petitioner's sufficiency of evidence claim regarding the existence of a single statutory aggravatin… |
| 22-6021 | George Guo v. Texas | Texas | 2022-11-08 | Denied | Relisted (2)IFP | capital-murder criminal-procedure delayed-death-homicide due-process ex-post-facto fair-warning jackson-standard statute-of-limitations structural-error | 1. Under the Jackson standard and per Garrett v. U.S. 471 U.S. 779,1791, is this conviction of Texas Penalty code §19.03 (a) (2) capital murder a "Vo… |
| 21-1141 | Charles Wade v. Gordon Lewis | Eleventh Circuit | 2022-02-16 | Denied | Amici (1)Response Waived | 8th-amendment circuit-split civil-rights clearly-established constitutional-violation due-process fair-warning medical-treatment prisoner-rights qualified-immunity | Whether this Court's qualified immunity doctrine demands a nearly identical fact pattern before a case can clearly establish the law—as the Eleventh a… |
| 21-6840 | Sandra Lee Bart v. United States | Eighth Circuit | 2022-01-13 | Denied | Response WaivedRelisted (2)IFP | administrative-procedure criminal-fraud due-process fair-warning false-attestations fraud h2-guest-worker power-of-attorney regulatory-violation | 1. Was defendant deprived of due process when H2 Guest Worker regulatory violations of a co-defendant for the years 2010 to 2013 were made dispositive… |
| 21-569 | Gregory V. Tucker v. City of Shreveport, Louisiana, et al. | Fifth Circuit | 2021-10-19 | Denied | Amici (2)Response Waived | 42-usc-1983 circuit-split civil-rights constitutional-rights excessive-force fair-warning qualified-immunity section-1983 | Respondents are police officers who tackled, punched, and kicked Petitioner Gregory Tucker after they pulled him over for non-functioning brake and li… |
| 20-1280 | Joseph Cotropia v. Mary Chapman | Fifth Circuit | 2021-03-15 | Denied | Response Waived | civil-rights constitutional-law fair-warning fourth-amendment government-immunity per-se-unreasonable probable-cause qualified-immunity search-and-seizure warrantless-search warrantless-searches | Is the presumption that warrantless searches are per se unreasonable so obvious a violation of the Fourth Amendment that the presumption gives governm… |
| 20-1124 | Michael Don Leatherwood v. Jeorld Braggs, Jr., Warden | Tenth Circuit | 2021-02-17 | Denied | affidavit criminal-procedure due-process fair-warning ineffective-assistance judicial-discretion probation probation-conditions statutory-construction statutory-interpretation | Was Petitioner subject to the release conditions of probation while he was in prison? Does the statute which defines probation as "a procedure by whi… | |
| 20-7073 | Donovan Muskett v. United States | Tenth Circuit | 2021-02-09 | Denied | Response WaivedIFP | circuit-split criminal-consequences due-process fair-warning precedent retroactive-application | In the absence of a circuit split, can a single decision from another circuit afford fair warning that the federal circuit in which an individual resi… |
| 20-6918 | Richard Moseley, Sr. v. United States | Second Circuit | 2021-01-26 | Denied | Response WaivedIFP | conflict-of-law confrontation-clause criminal-law due-process fair-warning overfederalization-of-criminal-law rico rico-statute testimonial-statements unlawful-debt | I. Whether the Court should decide an important question involving the overfederalization of criminal law: namely, whether a defendant is provided fai… |
| 20-1002 | Cody William Cox v. Don Wilson | Tenth Circuit | 2021-01-26 | Denied | Amici (1) | circuit-split civil-rights clearly-established constitutional-rights due-process fair-notice fair-warning government-official legal-standard precedent-comparison qualified-immunity | Whether a court may uphold a qualified immunity claim on the ground that qualified immunity had been granted in a prior case in which the "impropriety… |
| 20-6773 | Artavius Dontrell Smith v. United States | Fifth Circuit | 2021-01-05 | Denied | IFP | armed-career-criminal-act burglary circuit-split fair-warning reckless-causation serious-bodily-injury texas-penal-code texas-robbery theft violent-felony | 1. Is Texas aggravated robbery—which can be committed by recklessly causing serious bodily injury to another person during the course of a theft—a vio… |
| 20-6225 | Michael David Lister v. United States | Fifth Circuit | 2020-11-05 | GVR | Relisted (2)IFP | armed-career-criminal-act circuit-split fair-warning reckless-causation serious-bodily-injury statutory-interpretation texas-assault texas-penal-code violent-felony | 1. Is Texas aggravated assault—which can be committed by recklessly causing serious bodily injury—a violent felony under the Armed Career Criminal Act… |
| 20-353 | J. H., By Conservator, Betty Harris v. Williamson County, Tennessee, et al. | Sixth Circuit | 2020-09-16 | Denied | civil-procedure civil-rights constitutional-rights due-process fair-warning hope-v-pelzer qualified-immunity reasonable-standard state-actor | 1. Is Hope v. Pelzer dead in the Court's analysis of qualified immunity? If Hope v. Pelzer is dead, the lower courts, the federal court bar, and the l… | |
| 19-6186 | Latroy Leon Burris v. United States | Fifth Circuit | 2019-10-07 | GVR | Relisted (4)IFP | armed-career-criminal-act circuit-split fair-warning physical-force reckless-injury statutory-interpretation | (1) Does recklessly causing another person to suffer injury necessarily involve the "use of physical force against" that person for purposes of the Ar… |
| 18-9640 | Paul Eugene Lawson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. | Fifth Circuit | 2019-06-12 | Denied | IFP | civil-procedure civil-rights constitutional-provisions due-process fair-warning in-forma-pauperis jurisdiction legal-sequestration legal-work prison prison-discipline standing | Can a district court dismiss petitioner's lawsuit based upon the State attorney's waiver of reply to complaint? Can prison officials punish petitione… |
| 18-9378 | In Re Tae Hon Chon | 2019-05-22 | Denied | IFP | constitutional-interpretation constitutional-rights criminal-statute district-court due-process ex-post-facto ex-post-facto-doctrine fair-warning substantive-law | Does a District Court's ex post facto construction of a substantive criminal statute deprive a petitioner of the fair warning to which the Constitutio… |