| 25-5694 |
Eric Brenes-Colon v. United States |
Eleventh Circuit |
2025-09-22 |
Denied |
Response WaivedIFP |
appellate-review clearly-erroneous findings-of-fact judicial-discretion record-support standard-of-review |
Whether a district court's findings of fact must be reversed when they are unsupported by the record? |
| 25-5050 |
Carlos Caraballo v. United States |
Tenth Circuit |
2025-07-08 |
Denied |
Response WaivedIFP |
appellate-review case-law findings-of-fact sentencing-guidelines special-offense-characteristic standard-of-review |
Whether the circuit court applied the appropriate standard of review regarding a challenge to the imposition of a Sentencing Guideline Special Offense… |
| 23-1335 |
Harley Marine Financing, LLC v. Tug Construction, LLC |
Ninth Circuit |
2024-06-24 |
Denied |
Response Waived |
appellate-review bareboat-charter clearly-erroneous contract-breach evidentiary-support findings-of-fact maritime-law trial-record vessel-condition |
Whether the Ninth Circuit violated the fundamental principle of appellate review that a finding of fact is clearly erroneous if there is no evidentiar… |
| 23-7729 |
Lee Antwan Johnson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-06-14 |
Denied |
Response WaivedIFP |
administrative-law appellate-review civil-procedure court-review findings-of-fact judicial-procedure legal-standard lower-court standard-of-review |
What is the proper standard of review to be employed by a reviewing court examining a lower court's findings of fact? |
| 23-7484 |
Lorenzo M. Wilson, et ux. v. Ford Motor Company, et al. |
Alabama |
2024-05-15 |
Denied |
Response WaivedRelisted (2)IFP |
arbitration civil-procedure constitutional-requirement due-process finding-of-fact finding-of-law findings-of-fact findings-of-law motion-to-compel trial-court |
DOES THE UNITED STATES CONSTITUTION REQUIRE THE TRIAL COURT TO MAKE A FINDING OF FACT AND LAW IN THE GRANTING OR DENYING A MOTION TO COMPEL ARBITRATIO… |
| 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… |
| 23A609 |
Lorenzo M. Wilson, et al. v. Ford Motor Company, et al. |
Alabama |
2024-01-02 |
Presumed Complete |
|
arbitration findings-of-fact first-amendment legal-counsel motion-to-compel right-to-petition |
Whether average citizens have a right to a finding of fact and law by the trial court on motion to compel arbitration, and whether the trial court's f… |
| 22-574 |
Tiffany Lay, et vir v. United States |
Fifth Circuit |
2022-12-21 |
Denied |
Response Waived |
appellate-review bench-trial bench-trials circuit-court-review civil-procedure federal-rules-civil-procedure federal-rules-of-civil-procedure findings-of-fact judicial-findings obiter-dictum standard-of-review stare-decisis |
1. Whether Federal District Court judges in conducting complex bench trials, by issuing ostensible "findings" which fail to specially and specifically… |
| 22-6040 |
William H. Wyttenbach v. Roy A. Cooper, III, Governor of North Carolina |
Fourth Circuit |
2022-11-10 |
Denied |
Relisted (2)IFP |
article-iii-court civil-procedure conclusions-of-law constitutional-interpretation constitutional-law due-process findings-of-fact fourth-circuit-court jurisdiction rule-of-law |
Question: Has the Fourth Circuit
Appellate Court and the lower court violated
all three foundational corner stones of Rule
of Law; Jurisdiction, Fin… |
| 22-5515 |
Jose Agapito Salas v. United States |
Fifth Circuit |
2022-09-07 |
Denied |
Response WaivedIFP |
28-usc-2255 certificate-of-appealability district-court due-process federal-prisoner findings-of-fact habeas-corpus statutory-interpretation |
At The Federal Level After The District Court Receives An Ordered Response From The Government To A Federal Prisoner's Petition For Habeas Corpus Reli… |
| 21-1586 |
Cheryl Romano, et vir v. Jazz Casino Company, L.L.C., et al. |
Fifth Circuit |
2022-06-23 |
Denied |
|
constitutional-rights due-process evidence evidence-review findings-of-fact inferences judicial-procedure jury-trial seventh-amendment summary-judgment |
I. Did the Fifth Circuit, in accepting the District Court's findings of fact, probable cause of the fall and legal authority, violate the basic princi… |
| 21-7557 |
Maria Andrea Gonzalez v. United States |
Ninth Circuit |
2022-04-06 |
Denied |
Response WaivedIFP |
18-usc-3161 criminal-procedure due-process ends-of-justice federal-district-court findings-of-fact speedy-trial-act statutory-interpretation trial-continuance |
Does the Speedy Trial Act, 18 U.S.C. § 3161, require federal district courts to make specific findings of fact from those factors enumerated in § 3161… |
| 21-7539 |
John P. Higley v. Oklahoma |
Oklahoma |
2022-04-05 |
Denied |
IFP |
14th-amendment appeal-out-of-time case-law constitutional-rights criminal-procedure direct-appeal due-process evidentiary-hearing findings-of-fact ineffective-assistance |
1) Did the Oklahoma Court of Criminal Appeals violate Mr. Higley's 14th Amendment right to
Due Process by:
a) Affirming the District Court 's decision… |
| 21-6677 |
Shawn Pinson v. Texas |
Texas |
2021-12-21 |
Denied |
IFP |
appellate-review conclusions-of-law constitutional-rights due-process findings-of-fact habeas-corpus judicial-review procedural-due-process texas-criminal-appeals trial-court-findings |
IS THE TEXAS COURT OF CRIMINAL APPEALS VIOLATING PROCEDURAL DUE PROCESS BY DENYING RELIEF TO HABEAS APPLICANTS WITHOUT EXPLANATION WHEN THE TRIAL COUR… |
| 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… |
| 20-1798 |
Sylvanus Rene v. Texas |
Texas |
2021-06-25 |
Denied |
|
appellate-review constitutional-claims due-process evidentiary-hearing findings-of-fact habeas-corpus procedural-due-process state-court-proceeding witness-credibility |
Does it violate procedural due process for an appellate court, in denying relief on federal constitutional claims in a state habeas corpus proceeding,… |
| 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… |
| 20-6293 |
Raymond Alan Griffin v. United States |
Fourth Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process evidentiary-hearing federal-law findings-of-fact motion-to-suppress threshold-determination |
MAY A DISTRICT COURT MAKE FINDINGS OF FACT RESOLVING CONTESTED ISSUES IN DETERMINING THAT THE THRESHOLD FOR HOLDING AN EVIDENTIARY HEARING ON A DEFEND… |
| 20-6107 |
Larry Michael Maples v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-10-23 |
Denied |
IFP |
constitutional-rights controversial-evidence due-process evidentiary-hearing findings-of-fact habeas-corpus ineffective-assistance lower-courts pillow state-evidence |
Whether an accused's Due Process Rights are violated when all lower courts deny an Evidentiary Hearing on controversial evidence and picture of a pill… |
| 19-486 |
Donnett M. Taffe, Personal Representative of the Estate of Steven Jerold Thompson, Deceased v. Gerald E. Wengert, et al. |
Eleventh Circuit |
2019-10-15 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
appellate-jurisdiction appellate-review civil-rights due-process federal-claims findings-of-fact interlocutory-appeal interlocutory-ruling material-facts pendent-jurisdiction qualified-immunity qualified-immunity,civil-rights,civil-procedure,ap standard-of-review summary-judgment |
1. Under what circumstances may an appellate court review the findings of the district court with respect to the validity of the disputed material fac… |
| 19-5151 |
Jeffrey T. Maehr v. United States |
Federal Circuit |
2019-07-11 |
Denied |
Response WaivedRelisted (2)IFP |
16th-amendment due-process findings-of-fact grand-jury-access income-definition irs-actions standing standing-precedent stare-decisis tax-assessment tax-assessments tax-levies |
1. Can the IRS/United States government Respondent and lower courts consistently call U.S. Supreme Court standing case precedent (stare decisis) on th… |
| 19-34 |
Paul Maravelias v. David DePamphilis |
New Hampshire |
2019-07-03 |
Denied |
|
attorney-fees civil-procedure due-process equal-protection extraordinary-sanction findings-of-fact first-amendment original-jurisdiction pre-deprivation-hearing retaliation rule-of-law standing supreme-court vagueness |
1. Did the NHSC violate the Due Process Clause to deny Petitioner's requested pre-deprivation hearing and by failing to make a single finding of fact … |
| 18-9345 |
Billy Gene Drake v. Les Parish, Warden |
Sixth Circuit |
2019-05-20 |
Denied |
Response WaivedRelisted (2)IFP |
appeals appellate-review civil-procedure constitutional-law constitutional-provisions court-of-appeals due-process findings findings-of-fact judicial-review lower-court lower-court-decisions procedural-rights standing |
WAS THE PETITIONER'S PROCEDURAL DUE PROCESS VIOLATED BY THE U.S. COURT OF APPEALS DECISION TO ADOPT THE LOWER COURTS FINDINGS? |
| 18-8881 |
Garry Coleman v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-04-17 |
Denied |
Response WaivedIFP |
circuit-split civil-procedure civil-procedure-rule-52-rule-60 coa competency conclusions-of-law due-process federal-procedure findings-of-fact habeas-corpus rule-60b-motion |
CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE DISTRICT COURT FAILED TO PROVIDE ANY FINDINGS OF FACT SPECIALLY AND CONCLUSIONS OF LAW AS IS REQUIRED BY… |
| 18-8374 |
Naykima Tinee Hill v. Shawn Brewer, Warden |
Sixth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
due-process fair-trial findings-of-fact habeas-corpus harmless-error identification-expert ineffective-assistance right-to-present-defense strickland-standard strickland-v-washington |
Whether the Michigan Supreme Court was objectively unreasonable in application of harmless error analysis and made objectively unreasonable findings o… |
| 18-7953 |
Matthew Peterson, et ux. v. New Hampshire Division of Children, Youth & Families, et al. |
New Hampshire |
2019-02-14 |
Denied |
IFP |
appellate-review child-welfare constitutional-challenge constitutional-law due-process family-law findings-of-fact neglect parental-rights state-intervention termination-of-parental-rights |
Is it unconstitutional for the State Appellate Court to uphold a trial court's decision that did not find the facts in dispute nor make any findings a… |
| 18-7236 |
Dwayne Stoutamire v. Christopher La Rose, Warden |
Sixth Circuit |
2019-01-07 |
Denied |
Response WaivedRelisted (2)IFP |
alternative-grounds appellate-review certificate-of-appealability civil-procedure clear-error-of-findings-of-fact district-court-discretion federal-civil-procedure federal-civil-rule-60(b) federal-civil-rule-60(d) federal-rules-of-civil-procedure findings-of-fact habeas-corpus rule-60 |
Do a Habeas Corpus petitioner need to obtain a Certificate of Appealability(COA) from the denial of a federal civil rule 60(b) and (d)?
Can the Court… |
| 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 … |
| 18-6693 |
Victor M. Mangual-Rosado v. United States |
First Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
appellate-review circuit-split conclusions-of-law criminal-procedure criminal-sentencing district-court findings-of-fact opportunity-to-object procedural-error role-behavior role-in-crime sentencing sentencing-guidelines substantive-error |
I. WHETHER THE DISTRICT COURT ERRED PROCEDURALLY AND SUBSTANTIVELY BY IMPOSING AN EXCESSIVE SENTENCE IN TERMS OF THE DEFENDANT-APPELLANT'S ROLE BEHAVI… |
| 18-5479 |
Tadareous Jackson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-07 |
Denied |
IFP |
attorney-performance due-process evidentiary-hearing evidentiary-standard federal-court-review findings-of-fact habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-deference legal-findings procedural-fairness state-court-findings state-court-proceedings trial-court-duty |
1) When a State Trial Court neglects it's duty to make findings after controverted and unresloved issues have been shown, is it resonable when conside… |