forfeiture

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-747 Matthew Cline v. United States Tenth Circuit 2025-12-23 Denied Amici (1)Response Waived co-conspirator criminal-law forfeiture property-transfer statutory-interpretation tenth-circuit Whether under 18 U.S.C. § 981(a)(1)(C) a defendant may be ordered to forfeit property to the government that he transferred to a co-conspirator merely…
25-744 Jose Duran, Individually and as Representative of a Class of Judgment Creditors of the Estate of Ferdinand E. Marcos v. United States Second Circuit 2025-12-22 Pending Response Waived civil-procedure due-process foreign-judgment forfeiture in-rem-jurisdiction sovereign-immunity This proceeding was brought by the United States on behalf of the Republic of the Philippines, seeking recognition and enforcement of a Philippine for…
25A509 Matthew Cline v. United States Tenth Circuit 2025-11-04 Application circuit-split co-conspirator criminal-proceeds forfeiture honeycutt-standard wire-fraud Whether, following Honeycutt, a defendant may be ordered to forfeit property to the government that he transferred to a co-conspirator merely because …
25-161 Surgery Center Management, LLC v. United States Ninth Circuit 2025-08-11 Denied Response WaivedRelisted (2) asset-seizure criminal-law forfeiture proceeds property-rights statutory-interpretation Whether in a forfeiture action seeking "proceeds," defined in 18 U.S.C. § 981(a)(2)(A) as "property of any kind obtained directly or indirectly, as th…
24A1287 Kenneth J. Jouppi v. Alaska Alaska 2025-06-26 Presumed Complete alcohol-transportation dry-village eighth-amendment excessive-fines forfeiture mandatory-seizure 1. In 2019, this Court held that the Eighth Amendment's "[p]rotection against excessive punitive economic sanctions" is both "fundamental to our schem…
24-751 Giorgi Rtskhiladze v. Department of Justice, et al. District of Columbia 2025-01-17 Denied Response WaivedRelisted (2) appellate-procedure circuit-court damages-claim footnote-defamation forfeiture privacy-act After deciding that the salacious Footnote 112 in the Mueller Report defamed Petitioner and remanding his equitable claim, the circuit court held that…
24-6226 Andres Fernando Cabezas v. United States Eleventh Circuit 2025-01-02 Denied Response WaivedIFP bitcoin digital-property due-process fifth-amendment forfeiture procedural-standards 1. Due Process and Digital Property: Does the Fifth Amendment's Due Process Clause require explicit notice and adjudication for the forfeiture of inta…
24-571 Elizabeth Peters Young v. United States Eleventh Circuit 2024-11-21 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) co-conspirator criminal-law forfeiture honeycutt-precedent property-transfer statutory-interpretation Under Honeycutt, can a defendant be ordered to forfeit property that was intended for and ultimately acquired by her co-conspirator, merely because th…
24A304 Elizabeth Peters Young v. United States Eleventh Circuit 2024-09-30 Presumed Complete appellate-review circuit-split criminal-proceeds forfeiture health-care-payor honeycutt-precedent Question not identified.
24-5028 Rafael Cardona, Sr. v. United States First Circuit 2024-07-09 Denied Response WaivedIFP appellate-review criminal-procedure federal-rules-of-criminal-procedure forfeiture good-cause motion-timeliness multiplicity plain-error-review rule-12 waiver Before 2014, Rule 12 of the Federal Rules of Criminal Procedure required certain enumerated types of motions to be filed before trial, and stated that…
23-7844 Marcus Orlando Armstrong v. United States Ninth Circuit 2024-07-02 Denied Response WaivedIFP appellate-review criminal-procedure district-court district-court-jurisdiction forfeiture forfeiture-doctrine judicial-discretion objection sentencing sentencing-procedure standard-of-review Does a defendant forfeit a challenge to the manner in which the district court imposed sentence by failing to object after the sentence is pronounced,…
23A941 Rafael Cardona, Sr. v. United States First Circuit 2024-04-19 Presumed Complete circuit-split criminal-procedure forfeiture plain-error rule-12b8 waiver Question not identified.
23-1050 Luis Sanchez, et al. v. United States Eleventh Circuit 2024-03-22 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) amendment circuit-split civil-forfeiture criminal-procedure due-process forfeiture pleading pleading-deficiency statutory-interpretation When a person is convicted of a drug crime, 21 U.S.C. § 853 calls for bifurcated proceedings to ascertain what property may be forfeited as a result o…
23-945 Ilana Bangiyeva v. United States Fourth Circuit 2024-02-29 Denied Response Waived asset-seizure civil-procedure criminal-procedure district-court due-process forfeiture judicial-review legal-interest property-forfeiture property-rights standing united-states-government What is the appropriate test to determine whether petitioner has a sufficient legal interest in forfeited property.
23-6725 Deonte Marques Curry v. United States Fourth Circuit 2024-02-12 Denied Response WaivedIFP court-of-appeals criminal-procedure due-process electronic-filing forfeiture notice restitution sentencing sentencing-error 1. In Dolan v. United States, 560 U.S. 605 (2010), the Court held that compliance with the statutory deadline for determining restitution was unnecess…
23-6567 Jonathan David Wilke v. Wisconsin Wisconsin 2024-01-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process forfeiture harmless-error lineup photo-array witness-identification 1. The Wisconsin Court of Appeals held that Jonathan forfeited his argument about Detective Dolan's and T.J.'s testimony about T.J.'s reaction to Jon…
23-781 Sammie Todd Moser v. Halifax County Board of Supervisors, et al. Virginia 2024-01-23 Denied Response Waived appeals-limitation due-process eighth-amendment excessive-fines fifth-amendment forfeiture retirement-benefits 1. Whether the Eighth Amendment's Excessive Fines clause was violated in the forfeiture of Petitioner's vested retirement benefits. 2. Whether the Vi…
23-5756 David Davalos, Sr. v. United States Fifth Circuit 2023-10-11 Denied Response WaivedIFP criminal-forfeiture criminal-law due-process Fifth-Circuit forfeiture Honeycutt-v-United-States property-rights property-seizure statutory-interpretation tainted-property Whether Honeycutt v. United States, 581 U.S. 443 (2017) and its progeny require the Fifth Circuit to limit forfeiture to tainted property the defendan…
23-5717 Ronnie Shahar v. United States Ninth Circuit 2023-10-04 Denied Response WaivedIFP civil-rights coin-seizure due-process expert-testimony forfeiture forfeiture-proceedings import-regulations metallurgical-evidence probable-cause seizure standing summary-judgment I. What is the level of proof required from the US Government when it seizes mutilated or damaged coins imported from Chinese recycling factories and…
23-5647 Eddie Savage v. Chae Harris, Warden Sixth Circuit 2023-09-26 Denied Response WaivedIFP constitutional-rights conviction-relief due-process equal-protection exculpatory-evidence forfeiture fourteenth-amendment photographic-evidence post-conviction-relief when the accuse discovers that a photograph and its contents are now not what they were once purported to be at trial, is the fourteenth amendment, eq…
23-5533 Rosetta M. Clayton v. Navy Federal Credit Union Alabama 2023-09-06 Denied IFP 14th-amendment civil-procedure civil-rights due-process federal-jurisdiction forfeiture mortgage-fraud redemption-period standing takings Did both State and Circuit Court err in upholding redemption period despite precedent to contrary that sets aside redemption periods and/or foreclosur…
23-95 Philip Esformes v. United States Eleventh Circuit 2023-08-02 Denied attorney-client-privilege criminal-procedure disqualification forfeiture judicial-fact-finding prejudice prosecutorial-misconduct sixth-amendment While investigating petitioner for alleged health-care fraud, federal prosecutors seized hundreds of petitioner's attorney-client privileged documents…
23-5182 In Re Richard Charles Lussy 2023-07-24 Denied IFP administrative-procedure civil-rights constitutional-writ due-process evidence-code forfeiture non-delegation-doctrine public-office sovereign-immunity standing 1.) Issue To Decide : "to compel his standing due to unavailability: 'forfeiture of public office for wrong doing.' From: Incompetent Abraham Skinner …
22-1200 Lee Jones v. United States Sixth Circuit 2023-06-12 Denied appellate-review circuit-split criminal-procedure forfeiture independent-obligation judicial-discretion legal-argumentation legal-forfeiture young-v-united-states Do the courts of appeals, under Young v. United States, 315 U.S. 257 (1942), have an "independent obligation" to craft and consider forfeited legal ar…
22-7054 Jamar L. Travillion v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2023-03-21 Denied IFP 28-usc-2254 certificate-of-appealability constitutional-rights due-process federal-review forfeiture habeas-corpus procedural-standard right-to-counsel waiver I. Could reasonable jurists disagree with the District Court's rejection of Petitioner's claim that the State Courts' determination that he forfeited…
22-6920 Ogerta Helena Hartwein v. Missouri Missouri 2023-03-03 Denied IFP civil-rights confrontation-clause criminal-procedure custody domestic-violence due-process forfeiture forfeiture-by-wrongdoing intent witness-testimony Pre. urstodys, Somedute sheuated on We 20\& order, The Gimina® Ur Way aod Noring tap Wer Son ¥o Fates on Quar lb) old, per The 2OIA order The, Missour…
22-648 Igor Lukashin v. United States Court of Appeals for the Ninth Circuit Ninth Circuit 2023-01-11 Denied due-process equal-protection forfeiture judicial-discretion ninth-circuit padgett-fraud pre-filing-order pro-se pro-se-appeals waiver 1. Whether the Ninth Circuit has been denying Due Process by applying a purportedly categorical rule, Ramirez- Alejandre u. Ashcroft, 320 F.3d 858, 87…
22-318 Ronald Tai Young Moon, Jr. v. United States Eleventh Circuit 2022-10-05 Denied Response Waived 6th-amendment constitutional-rights criminal-procedure forfeiture public-trial sixth-amendment waiver What is the standard for finding a waiver (as opposed to mere forfeiture) of the Sixth Amendment right to a "public trial?" This prominently includes …
22-5235 Louis McIntosh v. United States Second Circuit 2022-08-01 GVR IFP §924(c) criminal-procedure federal-jurisdiction forfeiture hobbs-act interstate-commerce rule-32.2 sentencing 1. Whether petitioner's §924(c) conviction based on an attempted Hobbs Act robbery should be vacated in light of United States v. Taylor? 2. Whether …
21-8204 Reginald Brown v. United States Eleventh Circuit 2022-06-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process forfeiture ineffective-counsel pro-se pro-se-representation right-to-counsel severance sixth-amendment Pursuant to Supreme Court Rule 10, a review is warranted as this case present an important question of federal law that has not been, but should be, s…
21-8121 Leila Varetta Hector, aka Leila Varretta Hector, aka Leila Varetta Hector-Dykes, aka Rita Hector v. United States Fourth Circuit 2022-06-10 Denied Response WaivedIFP 21-usc-853 circuit-court-decision constitutional-law criminal-forfeiture forfeiture forfeiture-award honeycutt-precedent honeycutt-v-united-states joint-and-several-liability statutory-interpretation Whether the imposition of joint and several liability on a forfeiture award under 21 U.S.C. § 853(a) violates the Court's holding in Honeycutt v. Unit…
21-1491 City of Kent, Washington v. Adrian Jacobo-Hernandez Washington 2022-05-27 Denied Response Waived civil-rights constitutional-rights criminal-law due-process excessive-fines felony felony-instrumentality forfeiture livelihood-preservation property-forfeiture Whether the Excessive Fines Clause provides a livelihood preservation protection which can prevent the forfeiture of the instrumentality of a felony?
21-1226 Michael Washington v. Florida Department of Transportation Florida 2022-03-09 Denied Response Waived appellate-review civil-procedure constitutional-waiver counsel-representation due-process forfeiture fundamental-rights right-to-counsel sixth-amendment trial-rights waiver Whether the reasoning in Olano applies in a civil context where the failure of a party's counsel to object to closing argument due to misconduct or ne…
21-990 Aldrich L. Boss, as Personal Representative of the Estate of Stewart R. Crane v. United States, et al. First Circuit 2022-01-12 Denied Response Waived 5th-amendment bona-fide-purchase fifth-amendment forfeiture innocent-owner-defense property-forfeiture public-record standing takings-clause Whether the Fifth Amendment's Takings Clause permits the establishment of a new category of property for forfeiture purposes in the form of a perpetua…
21-949 George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. v. Samuel Randolph Third Circuit 2021-12-29 Denied continuance continuances counsel-of-choice criminal-defendant criminal-procedure forfeiture right-to-counsel sixth-amendment trial-court waiver Whether this Honorable Court should grant review to decide an important question of federal law—whether a criminal defendant can forfeit or waive his …
21-5074 Samuel Ridder v. Tim Shoop, Warden Sixth Circuit 2021-07-12 Denied Response WaivedIFP alleged-bias appellate-procedure certificate-of-appealability forfeiture ineffective-assistance ineffective-assistance-of-counsel judicial-bias merits-brief prosecutorial-misconduct sixth-circuit 1. Did the Sixth Circuit misconstrue the Certificate of Appealability as a merits brief? 2. Did the Sixth Circuit err as to forfeiture of the claim r…
21-5064 Brandi Channon and Matthew Channon v. United States Tenth Circuit 2021-07-09 Denied Response WaivedIFP 18-usc-981 criminal-forfeiture forfeiture in-personam in-personam-order joint-and-several-liability joint-liability money-judgment rewards-fraud statutory-forfeiture statutory-interpretation 1) Does § 981(a)(1)(C) permit the entry of an in personam money judgment in lieu of tainted property? 2) Does § 981(a)(1)(C) permit joint and several…
20-8290 Anthony Leon Waits v. United States Eighth Circuit 2021-06-11 Denied Response WaivedIFP circuit-split criminal-procedure district-court federal-court federal-rule forfeiture forfeiture-judgment indictment indictment-notice statutory-basis Does Federal Rule of Criminal Procedure 32.2(a) prohibit a district court from entering a forfeiture judgment when the indictment does not give notice…
20-8103 Sayda Powery Orellana and Manuel Porras Salas v. United States Ninth Circuit 2021-05-25 Denied Response WaivedIFP appellate-review circuit-split civil-procedure forfeiture jury-instructions plain-error procedural-default waiver A. Whether agreement to a set of joint jury instructions as directed by a court order is a waiver completely precluding review of instructional errors…
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…
20-1277 Richard Meyer v. Kentucky Kentucky 2021-03-15 Denied civil-rights constitutional-challenge criminal-procedure due-process excessive-fines forfeitability forfeiture kentucky kentucky-statutes timbs-precedent timbs-v-indiana I. DOES THE KENTUCKY COURT OF APPEALS DECISION IN THIS CASE STAND IN DIRECT CONTRADICTION TO THIS COURT'S DECISION IN TIMBS V. INDIANA, 139 S.Ct. 682 …
20-7010 Israel Santiago-Lugo v. United States First Circuit 2021-02-02 Denied Response WaivedIFP ambiguity amendment-782 criminal-procedure federal-rules forfeiture molina-martinez-v-us peugh-v-us rule-of-lenity sentencing-guidelines 1) WHETHER THE SENTENCE WAS IMPOSED UNDER U.S.S.G. §2Dl.l(c) TO ESTABLISH THE BASE OFFENSE, THE GUIDELINES ARE IN REAL SENSE THE BASIC FOR THE SENTEN…
20-6601 Savannah Sifuentes v. United States Fifth Circuit 2020-12-10 Denied Relisted (2)IFP appellate-review criminal-procedure elements-of-offense essential-element forfeiture guilty-plea indictment indictment-challenge statutory-interpretation waiver 1. Whether a defendant who unsuccessfully moves to dismiss an indictment for failure to allege an essential element of the crime waives or forfeits th…
20-424 IYM Technologies LLC v. RPX Corporation, et al. Federal Circuit 2020-10-02 Denied Response Waived appointments-clause arthrex constitutional-claim federal-circuit forfeiture inter-partes-review patent patent-law standing Whether a court of appeals can invoke forfeiture to refuse to address a constitutional claim in a pending appeal despite an intervening change in law.
20-5778 David Davalos, Sr. v. United States Fifth Circuit 2020-09-23 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure criminal-procedure-rules district-court-jurisdiction federal-rules forfeiture forfeiture-order jurisdiction money-judgment notice-of-appeal time-limits 1. Whether a district court exceeds its jurisdiction by entering a preliminary order of forfeiture and an order of money judgment beyond the time limi…
20-5604 Atorbe Aaron Isibor v. United States Ninth Circuit 2020-09-08 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure federal-rules forfeiture olano venue venue-insufficiency waiver waiver-doctrine Under this Court's decision in United States v. Olano, 507 U.S. 725 (1993), does a defendant who argues for the first time on appeal that the governme…
20-175 Jinil Steel Company, Limited v. ValuePart, Incorporated, et al. Fifth Circuit 2020-08-17 Denied Response Waived appellate-review bankruptcy bankruptcy-procedure civil-procedure forfeiture judicial-discretion legal-forfeiture oral-argument pleadings preservation-of-error procedural-preservation Does a litigant forfeit an argument by raising it thoroughly in an oral proceeding in bankruptcy court or other court of first instance, but not in a …
20-5343 James Brome v. United States Second Circuit 2020-08-13 Denied Response WaivedIFP administrative-law due-process forfeiture jones-v-flowers mail-delivery notice notice-requirements prisoner prisoner-notice property-forfeiture statutory-notice In Dusenbery v. United States, 534 U.S. 61 (2002) this Court held that due process does not require "actual notice" of a forfeiture action before an i…
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…
20-51 Pedro Pete Benevides v. United States Eleventh Circuit 2020-07-22 Denied Response Waived criminal-forfeiture eighth-amendment excessive-fine forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-guidelines 1. Does the forfeiture of over $44 million constitute an excessive fine under the Eighth Amendment, where the forfeiture amount is more than 44 times …
19-1475 Duke University v. Biomarin Pharmaceutical Inc. Federal Circuit 2020-07-08 Denied 35-usc-314 administrative-law administrative-patent-judges appointments-clause due-process forfeiture inter-partes-review patent patent-law standing statutory-interpretation 1. Whether a court of appeals can invoke forfeiture to refuse to address an Appointments Clause violation in a pending appeal despite an intervening c…
19-1451 Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc. Federal Circuit 2020-07-02 Denied administrative-law appointments-clause constitutional-challenge federal-circuit forfeiture ksr-international-co-v-teleflex-inc obviousness patent-act patent-law patent-trial-and-appeal-board pending-case separation-of-powers While Sanofi's appeal was pending before the Federal Circuit, the court decided Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019),…
19-8787 Wayne A. G. James v. United States Third Circuit 2020-06-23 Denied Response WaivedIFP attorney-objection circuit-split civil-procedure evidence evidence-admission forfeiture plain-error trial-record waiver If an attorney mistakenly remains silent and fails to object to inadmissible evidence, a later challenge is forfeited and subject to review only for p…
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…
19-8366 Andres Fernando Cabezas v. United States Eleventh Circuit 2020-04-27 Denied Response WaivedIFP appeals appellate-procedure circuit-split civil-procedure criminal-procedure due-process federal-jurisdiction forfeiture property-recovery property-rights rule-41g subject-matter-jurisdiction 1. The Eleventh Circuit holds that a notice of appeal is a per se divestiture of a district court's jurisdiction over a motion for return of property …
19-8097 Jay Eugene Reed v. United States Third Circuit 2020-03-24 Denied Response WaivedIFP appellate-review criminal-rule-52(b) criminal-rule-52b evidence-rule-103 expert-testimony forfeiture plain-error plain-error-review sentencing sentencing-procedure Under Evidence Rule 103 and Criminal Rule 52(b), once a party informs the court of the substance of the evidence at issue, and the court rules, counse…
19-7939 Robert James Pope, Jr. v. Wisconsin Wisconsin 2020-03-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right…
19-7848 Barton Joseph Adams v. United States Fourth Circuit 2020-03-02 Denied Response WaivedIFP binding-plea-agreement criminal-procedure criminal-procedure-rule-11-c-1-c criminal-procedure-rule-32-2-e-1-a district-court-misconduct due-process forfeiture plea-agreement property-forfeiture property-rights protective-order rule-11 rule-32.2 sealed-court-order sealing-orders sentencing sentencing-procedure Whether the lower court violated the mandatory requirements of Rule 32.2(e)(1)(A) and breached the Rule 11(c)(1)(C) binding sentence, when the distric…
19-1020 Florence Bikundi v. United States District of Columbia 2020-02-14 Denied Response Waived burden-of-proof continuance district-court-discretion due-process ends-of-justice ends-of-justice-continuance forfeiture fraud fraud-conduct restitution sentencing sentencing-guidelines speedy-trial-act 1. Whether a district court granting an ends-ofjustice continuance under the Speedy Trial Act of 1974, 18 U.S.C. § 3161(h)(7)(A), violates the require…
19-991 Samson Primm v. United States Sixth Circuit 2020-02-07 Denied Response Waived 4th-amendment civil-rights criminal-procedure due-process fifth-amendment forfeiture forfeiture-case fourth-amendment search-and-seizure standing suppression-hearing I. WHETHER ONE WHO HAS THE REQUISITE STANDING TO MOVE TO SUPPRESS BASED ON CONTENTIONS, WHICH IF VALIDATED SHOW HIS FOURTH AMENDMENT RIGHTS WERE VIOLA…
19-7416 James P. Griffin v. United States Second Circuit 2020-01-24 Denied Response WaivedIFP abuse-of-discretion calculation-error civil-procedure continuance criminal-procedure due-process fifth-amendment financial-penalties forfeiture medical-hardship medical-issues restitution restitution-calculation sentencing sixth-amendment trial-continuance trial-court trial-court-discretion Whether the amount of restitution and forfeiture w I. Whether the trial court abused its discretion in arbitrarily denying a continuance of trial requested due to Petitioner's documented medical proble…
19-7376 Alice C. Trappler v. New York New York 2020-01-22 Denied Response WaivedIFP burden-of-proof confrontation-clause conspiracy criminal-defendant criminal-procedure due-process forfeiture hearsay hearsay-exception legal-insufficiency sixth-amendment waiver 1. Upon trial counsel's failure to move to dismiss on legal insufficiency grounds at trail, is the uninformed automatic waiver and silently imposed pe…
19-6922 Charles Edward Bates v. United States Sixth Circuit 2019-12-13 Denied IFP 8th-amendment civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process eighth-amendment excessive-fines excessive-punishment forfeiture sentencing 1) Did the lower courts err in their interpretation even as Chuck Bates' offense did not result in substantial forfeiture? Courts interpretation Cond …
19-540 Andre Jenkins v. City of Cleveland, Ohio Ohio 2019-10-24 Denied Response Waived civil-procedure civil-rights concurrent-jurisdiction criminal-procedure due-process forfeiture forfeiture-procedure in-rem-jurisdiction property-rights seizure standing warrantless-seizure I. The questions presented here centralize issues related to whether the warrantless seizure here of money for forfeiture (by local police) can be jus…
19-6185 Aaron Lee Smiley v. United States Fourth Circuit 2019-10-07 Denied Response WaivedRelisted (2)IFP appellate-review civil-rights coercion constitutional-rights due-process forfeiture home-forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-agreement standing I. Does a plea agreement need to pass constitutional muster before it waives a person's right to challenge on appeal the forfeiture of his or her home…
19-278 Pfizer Inc., et al. v. Superior Court of California, County of Los Angeles, et al. California 2019-09-03 Denied Amici (1) bristol-myers-squibb civil-procedure due-process federal-courts federal-law forfeiture jurisdiction personal-jurisdiction subject-matter-jurisdiction This Petition concerns the California state courts' undisputed lack of personal jurisdiction over products liability claims filed against Petitioners …
19-5484 Geoff Edwin Murphy v. Debbie Asuncion, Warden Ninth Circuit 2019-08-07 Denied IFP attempted-homicide constitutional-rights criminal-procedure discrimination due-process federal-claims forfeiture jury-instructions legal-procedure state-court-rule state-trial-court 1. THE STATE TRIAL COURT DEPRIVED APPELLANT OF HIS RIGHT TO DUE PROCESS BY INSTRUCTING THE JURY ON JUSTIFIABLE ATTEMPTED HOMICIDE 2. THE STATE COURT …
19-5286 Adam Patton v. Arkansas Arkansas 2019-07-23 Denied Response WaivedIFP constitutional-rights criminal-defendant criminal-procedure due-process forfeiture right-to-counsel sixth-amendment waiver Whether a criminal defendant, who has not knowingly and intelligently waived his Sixth Amendment right to counsel and who clearly requests the assista…
18-9775 Dustin Washington v. United States Fourth Circuit 2019-06-24 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence I. Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Washington'S Motion to Suppress the seizure of the…
18-9584 William Earl Miller v. Arizona Arizona 2019-06-07 Denied Response WaivedIFP civil-procedure due-process fifth-amendment forfeiture fourteenth-amendment statutory-interpretation subject-matter-jurisdiction Whether Arizona Revised Statutes, section 13-2313, violates the due process clause under the Fifth and Fourteenth Amendments of the United States Cons…
18-1510 Fredesvindo Rodriguez-Garcia v. Fior Pichardo de Veloz, et al. Eleventh Circuit 2019-06-04 Denied civil-procedure civil-rights constitutional-rights detention-facility due-process forfeiture gender-identification gender-identity medical-examination medical-treatment procedural-error qualified-immunity During a five-minute medical examination in a detention facility, Dr. Fredesvindo Rodriguez-Garcia mistakenly concluded that Fior Pichardo de Veloz, a…
18-8865 Marvin Lopez-Aguilar v. United States Tenth Circuit 2019-04-17 Denied Response WaivedIFP appellate-review circuit-conflict collateral-attack collateral-challenge conviction criminal-procedure district-court forfeiture government-enforcement government-forfeiture habeas-corpus waiver Does the government forfeit its right to enforce a defendant's waiver of a collateral challenge to his conviction by failing to raise the waiver issue…
18-8439 Richard Larry Lacey v. Oregon Oregon 2019-03-18 Denied Response WaivedIFP courtroom-removal defendant-misconduct forfeiture misconduct right-to-representation self-representation sixth-amendment trial-rights waiver waiver-forfeiture Does a self-represented defendant waive or forfeit his Sixth Amendment right to representation, when the defendant intentionally engages in misconduct…
18-8387 Delmart E. J. M. Vreeland, II v. David Zupan, Warden, et al. Tenth Circuit 2019-03-12 Denied Response WaivedIFP conflicting-rulings defendant-rights due-process forfeiture implied-waiver intelligent judicial-discretion knowing right-to-counsel trial-court-procedure voluntary waiver waiver-of-counsel Whether a trial court violates this Court's requirement that any waiver of counsel be knowing, voluntary and intelligent when it forces a defendant to…
18-8292 Julius Greer v. United States Third Circuit 2019-03-05 Denied IFP circuit-split crime-of-violence criminal-procedure forfeiture judicial-review motion-to-dismiss plain-error-review speedy-trial-act standard-of-review waiver What is the correct standard of review for a Speedy Trial Act violation where a motion to dismiss under the Act was filed, but the particular time per…
18-8139 Louis A. Hardison v. United States Eighth Circuit 2019-02-27 Denied Response WaivedIFP asset-forfeiture civil-procedure civil-procedure-forfeiture due-process federal-adoption federal-jurisdiction forfeiture in-rem-jurisdiction ineffective-counsel missouri-forfeiture-laws missouri-statute state-federal-jurisdiction state-law turnover-order 1. UNDER MISSOURI STATUTE RSMO 513.647 WHICH REQUIRES A TURNOVER ORDER OF SEIZED PROPERTY TO FEDERAL CONTROL EVEN BY STATE ACTOR'S WHO ARE DEPUTIZE AS…
18-1081 Curtiss Wilson v. Horton's Towing, et al. Ninth Circuit 2019-02-21 Denied Response Waived 4th-amendment 5th-amendment civil-rights drug-law-enforcement drug-laws due-process forfeiture indian-law indian-tribe-authority montana-exception montana-v-united-states non-native-americans non-native-seizure tribal-jurisdiction tribal-law tribal-sovereignty vehicle-forfeiture 1. Does an Indian Tribe have authority under the second exception of Montana v. United States, 450 U.S. 544 (1981), to forfeit automobiles owned by no…
18-922 Abraham M. Fisch v. Texas Texas 2019-01-16 Denied attorney-fees client-rights criminal-defense-attorney criminal-procedure due-process excessive-fines forfeiture sixth-amendment standard-of-review (1) What is the appropriate standard of review to be employed when a court orders the forfeiture of attorney's fees to the State? (2) Does a criminal…
18-7324 Roberto Gil v. Florida Florida 2019-01-09 Denied IFP arrest confidential-informant contingent-fee due-process forfeiture fourteenth-amendment law-enforcement testimony Whether a confidential informant's contingent fee arrangement with police - earning twenty percent only in the event of arrest, forfeiture, and favora…
18-685 Lynn Robinson, et al. v. American Airlines, Inc., et al. Tenth Circuit 2018-11-26 Denied Response Waived adhesion-contract adhesion-contracts airline-deregulation-act common-law common-law-contract consumer-rights contract-interpretation contract-law forfeiture statutory-interpretation unconscionability Since the enactment of the Airline Deregulation Act of 1978, there has been confusion and uncertainty among the courts as to what the answer is to the…
18-6679 Donate Graham v. Illinois Illinois 2018-11-13 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause conspiracy-liability criminal-procedure due-process forfeiture forfeiture-by-wrongdoing forfeiture-doctrine giles-v-california intent witness-procurement Whether the forfeiture-by-wrongdoing exception to the Confrontation Clause encompasses acts of wrongful witness procurement done by alleged co-conspir…
18-6647 Kiran Sharma v. United States Fifth Circuit 2018-11-09 Denied Response WaivedRelisted (2)IFP constitutional-rights due-process evidentiary-hearing forfeiture forfeiture-restitution ineffective-assistance-of-counsel mandatory-victim-restitution-act plea-agreement restitution statutory-interpretation third-party-beneficiary trust-corpus Does the language in the Mandatory Victim Act (MVRA) 18 USCS 3663A, and 21 USCS 853(a), and this court's opinions in Hughey v. United States, 495 US 4…
18-419 Len Boogaard, et ux., as Personal Representatives of the Estate of Derek Boogaard, Deceased v. National Hockey League, et al. Seventh Circuit 2018-10-03 Denied Response Waived civil-procedure civil-rights federal-jurisdiction forfeiture judicial-discretion pleading-requirements remand removal state-law-claims tort-law Whether the federal courts abused their discretion in usurping a states' power to adjudicate common law tort claim s originally filed in state court ,…
18-411 Cindy Omidi v. United States Ninth Circuit 2018-10-02 Denied Response Waived 31-usc-5317 31-usc-5324 civil-procedure criminal-procedure due-process forfeiture jurisdictional-basis money-judgment personal-money-judgment statutory-interpretation structuring 1. Does 31 U.S.C. § 5317 give a district court authority to enter a personal money judgment against a person who has violated only 31 U.S.C. § 5324(a)…
18-6005 Trayon L. Williams v. United States Tenth Circuit 2018-09-17 Denied IFP appellate-procedure causation-element circuit-split claim-preservation criminal-procedure-waiver-forfeiture forfeiture preservation-of-issues preserved-claim standard-of-review sua-sponte-ruling violent-crime-definition violent-force-element waiver waiver-principles I. When the government agrees that a claim was properly preserved below, can a court of appeals sua sponte hold the claim forfeited, then dismiss the …
18-5542 Stephen Mayer v. United States Eleventh Circuit 2018-08-10 Denied Response WaivedIFP appellate-review civil-procedure criminal-procedure due-process forfeiture fraud judicial-procedure law-of-the-case prosecutorial-fraud prosecutorial-misconduct remand vacatur Whether when, an Appellate court vacates a forfeiture order on direct appeal 'having found only partial of the District Court's trial order was valid …
18-5371 Michael Ellis v. Illinois Illinois 2018-07-27 Denied IFP appellate-review case-remand constitutional-challenge criminal-procedure due-process,criminal-procedure,probable-cause,forf forfeiture forfeiture-doctrine people-v-gaines probable-cause probable-cause,forfeiture,unconstitutional-statute statutory-interpretation teague-v-lane unconstitutional-statute Did the State forfeit the claim, reliance or remedy of Michigan v. DeFillippo, 443 U.S. 1 and U.S. v Charles, 801 F.3d 855 (71h Cir.) of an unconstitu…