| 25A325 |
Delmart Edward Vreeland v. Colorado |
Colorado |
2025-09-19 |
Presumed Complete |
|
appellate-review certiorari-petition due-process extraordinary-circumstances illegal-sentence jurisdictional-defect |
Question not identified. |
| 25-5609 |
Jackie Kavaskia McMillan v. United States |
Eleventh Circuit |
2025-09-11 |
Pending |
IFP |
appeal-waiver district-court illegal-sentence jurisdictional-challenge plea-agreement sentencing |
While "jurisdictions appear to treat at least some claims as unwaivable" via an appeal waiver in a plea agreement, this Court has not yet decided "wha… |
| 25-5073 |
William Menter v. New Jersey |
New Jersey |
2025-07-10 |
Denied |
Response WaivedIFP |
cronic-standard due-process illegal-sentence ineffective-assistance state-court-decision strickland-standard |
1. Whether the state court's decision on Appellant's Illegal Sentence claims contrary to State v. Yarbough, 100 N.J. 627 (1985) and whether the Appell… |
| 24-6814 |
Jason Johnson v. United States |
Sixth Circuit |
2025-03-20 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split criminal-procedure illegal-sentence plea-agreement sentencing-law |
While "jurisdictions appear to treat at least some claims as unwaivable" via an appeal waiver in a plea agreement, this Court has not yet had occasion… |
| 24-5333 |
Jamal Mohammad Eleidy v. United States |
Fourth Circuit |
2024-08-15 |
Denied |
Response WaivedIFP |
appeal-waiver deportation illegal-sentence sentencing-condition statutory-interpretation supervised-release |
Where the district court in sentencing a United States citizen imposes
deportation as a supervised release condition, and 18 U.S.C. § 3583(d) expressl… |
| 23-7204 |
Sean L. Hagins v. United States |
Third Circuit |
2024-04-11 |
Denied |
Response WaivedIFP |
constitutional-violation court-discretion criminal-procedure defense-counsel-ineffectiveness habeas-corpus illegal-sentence ineffective-assistance-of-counsel plain-error plain-error-review pro-se pro-se-litigation sentencing |
Did the lower court have the obligation to correct an
illegal sentence, brought to its attention, regardless
of the passage of time?
Did the lower … |
| 23-5834 |
Herbert Johnson v. United States |
Ninth Circuit |
2023-10-18 |
Denied |
Response WaivedIFP |
18-usc-924c appellate-waiver categorical-analysis criminal-procedure illegal-conviction illegal-sentence jurisdictional-challenge plea-agreement statutory-interpretation |
For convictions and sentences to stand, they must not violate the Constitution. Challenges to illegal 18 U.S.C. § 924(c) convictions necessarily encom… |
| 23-5349 |
Elbert Johnson v. Florida |
Florida |
2023-08-14 |
Denied |
IFP |
conflict-of-interest due-process illegal-sentence judicial-bias judicial-conflict legal-error manifest-injustice sentencing trial-court witness-testimony |
When a circuit court judge is called upon, to be a witness against a defendant in a case, and then later on, sentence the defendant in the same case r… |
| 23-5150 |
Augustus Quintrell Light v. United States |
Eighth Circuit |
2023-07-20 |
Denied |
Response WaivedIFP |
constitutional-due-process criminal-procedure government-misconduct illegal-sentence ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-error |
WHETHER ON ONE'S, DID THE EIGHTH CIRCUIT COURT OF APPEALS COMMIT ERROR IN FINDING THAT THE DISTRICT COURT DID NOT ABUSE ITS DISCRETION IN DENYING PETI… |
| 22-7235 |
Adam Chism v. Mississippi |
Mississippi |
2023-04-06 |
Denied |
IFP |
criminal-procedure due-process illegal-sentence interest-of-justice plain-error sentencing trial-court |
WHETHER CHISM WAS DENIED DUE PROCESS OF LAW WHEN PLAIN ERROR WAS COMMITTED BY THE TRIAL COURT IN IMPOSING AN ILLEGAL SENTENCE AS A MATTER OF LAW AND/O… |
| 22-6179 |
Brandon J. Office v. Marcus Myers |
Fifth Circuit |
2022-11-30 |
Denied |
IFP |
charging-document constitutional-provisions criminal-procedure due-process habeas-corpus illegal-sentence motion-to-correct sentencing |
1. Was the Petitioner entitled to Habeas Corpus Relief, where the Petitioner properly raised a Motion to Correct an Illegal Sentence ?
2. Was the Pet… |
| 21-7486 |
Eric Jamar Goodall v. United States |
Ninth Circuit |
2022-03-29 |
Denied |
Response WaivedIFP |
criminal-appeal illegal-sentence jurisdictional-defect ninth-circuit plea-agreement sentencing-error waiver waiver-doctrine |
1. Did the Ninth Circuit err in dismissing the appeal when Mr. Goodall's plea agreement contains a count of conviction and resulting sentence that is … |
| 21-7472 |
Earnest Eugene Walker, Jr. v. Kansas |
Tenth Circuit |
2022-03-25 |
Denied |
Response WaivedIFP |
4th-amendment constitutional-rights criminal-procedure due-process habeas-corpus illegal-sentence ineffective-assistance post-conviction-relief sentencing |
Correction of Serterce And As the same the Habear Corpur
to be corstrned as the same to Correct an Illegal senterce
After senterced hos beer served; w… |
| 21-6491 |
Lucas Montagne v. United States |
Eighth Circuit |
2021-12-02 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-law criminal-procedure exception illegal-sentence invited-error judicial-procedure legal-error sentencing |
1. Should an exception to the doctrine of invited error be recognized in a case in which an illegal sentence is imposed?
2. Should an exception to th… |
| 21-5193 |
Vernon Collins v. New Jersey |
New Jersey |
2021-07-23 |
Denied |
IFP |
appellate-division appellate-review criminal-procedure due-process federal-law illegal-sentence open-court procedural-claims sentencing |
DID THE NEW JERSEY SUPERIOR COURT APPELLATE DIVISION ERR IN CONCLUDING CONSECUTIVE SENTENCES IMPOSED OUTSIDE PETITIONER'S PRESENCE IN OPEN COURT SOME … |
| 20-8388 |
Jonathan Aaron Leal v. United States |
Fifth Circuit |
2021-06-22 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review due-process federal-sentencing illegal-sentence plea-agreement post-conviction-relief |
Should an appeal waiver provision in a plea agreement bar appellate or post-conviction relief from an illegal federal sentence? |
| 19-7304 |
Anthony Michael Salazar v. United States |
Tenth Circuit |
2020-01-16 |
Denied |
Response WaivedIFP |
case-law certificate-of-appealability criminal-procedure-appeal due-process habeas-corpus illegal-sentence incarceration judicial-review sentencing sentencing-error united-states-v-haymond |
The Court of Appeals erred in denying a Certificate of Appealability when Petitioner is incarcerated on an illegally-imposed sentence in light of Unit… |
| 19-6830 |
Don Emmery Wilson v. United States |
Fourth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
6th-amendment ambiguous-plea constitutional-rights criminal-matter cruel-and-unusual-punishment cruel-unusual-punishment due-process habeas-corpus hearsay illegal-sentence ineffective-assistance ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining post-conviction-relief profiling sentencing-guidelines |
Was petitioner subjective to ineffective or deficient assistance of counsel
in a criminal matter?1)
Was petitioner subjective to cruel and unusual p… |
| 19-6545 |
Bradly M. Cunningham v. Washington County, Oregon, et al. |
Ninth Circuit |
2019-11-07 |
Dismissed |
IFP |
14th-amendment 8th-amendment civil-rights civil-rights-violation cruel-and-unusual-punishment cruel-unusual-punishment due-process habeas-corpus illegal-sentence parole-board section-1983 sentencing torture |
1. Am I able to pursue relief under 42 U.S.C.A. § 1983 against the Defendants/Respondents for pre-trial Torture?
2. Am I able to pursue relief under … |
| 19-6317 |
In Re D'Angelo Hildan Shipman |
|
2019-10-22 |
Denied |
IFP |
5th-amendment civil-procedure constitutional-rights due-process federal-court federal-jurisdiction fifth-amendment habeas-corpus illegal-sentence legal-sentence mandate |
1. I would like to know why I'm Sahin Oprison? I CNveda Federal Habeas Corpos in the Uncted States District Court, Middle District Of Florida, Dackson… |
| 18-9562 |
Shawn Michael Simms v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2019-06-06 |
Denied |
IFP |
criminal-procedure due-process illegal-sentence pennsylvania-courts post-conviction-relief post-conviction-relief-act sentencing sentencing-review statutory-interpretation void-ab-initio |
Ground I. Did the Pennsylvania Courts err in 'denying the instant Post Conviction Relief Act Petition for failing to recognize that the P.C.R.A. statu… |
| 18-9415 |
Michael Don Neely v. United States |
Tenth Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
2255-motion armed-career-criminal-act circuit-split constitutional-interpretation illegal-sentence johnson-v-united-states judicial-review residual-clause sentencing sentencing-enhancement unconstitutional |
Michael Neely is serving an illegal sentence after Johnson v. United States. However, the Tenth Circuit Court of Appeals held that he is not entitled … |
| 18-9124 |
Garland D. Miller v. United States |
Fifth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
coram-nobis criminal-procedure federal-courts federal-criminal-procedure illegal-sentence judicial-jurisdiction restitution rule-35 sentencing sentencing-correction statutory-interpretation title-18 |
DOES JURISDICTION EXIST TO CORRECT AN ILLEGAL SENTENCE AT ANY TIME. |
| 18-8996 |
Zack Zafer Dyab v. United States |
Eighth Circuit |
2019-04-25 |
Denied |
Response WaivedIFP |
amount-of-loss appellate-review court-discretion criminal-sentencing illegal-sentence judicial-discretion legal-error loss-calculation plain-error sentencing sentencing-guidelines statutory-limitation statutory-limitations |
1 - Does the miscalculation of the amount of loss as applied to the sentencing guidelines represent an illegal sentence, and plain error that the Cour… |
| 18-7969 |
Willie Ed Smith v. Mississippi |
Mississippi |
2019-02-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-conviction criminal-procedure due-process equal-protection habeas-corpus illegal-sentence ineffective-assistance-of-counsel judicial-misconduct legal-procedure prosecutorial-misconduct sentencing sentencing-error |
WHETHER SMITH'S CONVICTION AND SENTENCE DERIVED FROM JUDICIAL MISCONDUCT?
PETITIONER ANSWERS - YES.
WHETHER SMITH'S CONVICTION AND SENTENCE DERIVED … |
| 18-7639 |
Caster Delaney Whetstone v. United States |
Fourth Circuit |
2019-01-29 |
Denied |
IFP |
appellate-waiver armed-career-criminal armed-career-criminal-act circuit-split illegal-sentence plea-agreement sentencing statutory-maximum |
Whether a defendant's challenge to his status as an armed career criminal, where the sentence is in excess of the otherwise applicable statutory maxim… |
| 18-7624 |
Mario Griffin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-01-29 |
Denied |
IFP |
abuse-of-discretion apprendi-v-new-jersey apprendi-violation cruel-and-unusual-punishment due-process federal-law illegal-sentence ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-integrity manifest-injustice miscarriage-of-justice sentence-enhancement sentencing |
Does the sentence imposed constitute an illegal
sentence under federal law and represent a
manifest injustice calling in question the
integrity of … |
| 18-7284 |
Roger Leon Barlow v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
42-pa-c-s-a-9541 constitutional-challenge criminal-procedure due-process illegal-sentence pennsylvania pennsylvania-courts post-conviction-relief post-conviction-relief-act re-sentencing sentencing void-ab-initio |
Ground I. Did the Pennsylvania Courts err in denying the instant Post Conviction Relief Act Petition for failing to recognize that the P.C.R.A. statut… |
| 18-5656 |
Venise Metayer v. Florida |
Florida |
2018-08-20 |
Denied |
IFP |
constitutional-rights counsel-misadvice counsel-role due-process illegal-sentence ineffective-assistance plea-agreement plea-bargaining sentencing trial-court-denial waiver waiver-of-rights |
I. WERE THE PETITIONER'S CONSTITUTIONAL RIGHTS VIOLATED WHEN THE TRIAL COURT DENTED HER MOTION FOR ILLEGAL SENTENCE BASED UPON THE PETITIONER'S REFERE… |
| 18-5594 |
Cory Devon Washington v. United States |
Tenth Circuit |
2018-08-15 |
Denied |
IFP |
armed-career-criminal-act circuit-split due-process habeas-corpus illegal-sentence judicial-review residual-clause sentencing sentencing-enhancement unconstitutional |
Cory Washington is serving an illegal sentence. However, the Tenth Circuit Court of Appeals held that he is not entitled to relief. The question is wh… |
| 18-5586 |
William Knight v. Florida |
Florida |
2018-08-15 |
Denied |
IFP |
abuse-of-authority appellate-procedure criminal-procedure double-jeopardy due-process habitual-offender illegal-sentence judicial-abuse judicial-authority jurisdiction sentencing sentencing-error sentencing-guidelines statutory-maximum |
WHETHER TRIAL COURT ABUSED THEIR AUTHORITY BY ALLOWING
THE STATE ATTORNEY OFFICE TO IMPOSE A SENTENCE CONTRARY
TO THE REQUIREMENTS OF THE LAW ON DOUBL… |
| 18-5572 |
John E. Wells, Sr. v. David Gray, Warden |
Sixth Circuit |
2018-08-13 |
Denied |
IFP |
certificate-of-appealability constitutional-rights due-process equal-protection federal-habeas-corpus habeas-corpus illegal-sentence judicial-power jury-trial res-judicata state-court-record void-judgment |
QUESTION 1: Does a Federal Court of Appeals deny Due Process by refusing to issue a Certificate of Appealability where the Petitioner's claims exceed … |
| 18-5182 |
Carlton Butler v. United States |
Eleventh Circuit |
2018-07-10 |
Denied |
IFP |
circuit-split count-of-conviction criminal-procedure district-court-authority federal-rules-of-criminal-procedure illegal-sentence reallocation reallocation-of-sentences rule-35 scope-of-judicial-power sentencing split-among-circuits |
Whether Federal Rule of Criminal Procedure 35(a) grants a district court authority to reallocate the illegal portion of a term of imprisonment levied … |
| 18-5111 |
Lynette Gregory v. United States |
Third Circuit |
2018-07-03 |
Denied |
Response WaivedIFP |
appellate-review criminal-forfeiture drug-case due-process illegal-sentence money-judgment plea-agreement sentencing sentencing-waiver statutory-authorization statutory-maximum |
1. Is a question of the legality of a federal criminal sentence subject to waiver by plea agreement? In avoidance of this question, should an agreemen… |