issue-preservation
8 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-5078 | Lawrence J. Turner v. Wisconsin | Wisconsin | 2025-07-10 | Denied | Response WaivedIFP | counsel-performance direct-review ineffective-assistance issue-preservation legal-standard reasonableness-test | Whether, in assessing direct-review counsel's performance based upon the omission of a preserved issue, lower courts should either apply the clearly s… |
| 22-1014 | Estate of Rex Vance Wilson, et al. v. Las Vegas Metropolitan Police Department, et al. | Ninth Circuit | 2023-04-18 | Denied | Response Waived | appellate-review civil-procedure district-court exceptions federal-appeals federal-procedure issue-preservation judicial-discretion legal-arguments preservation-of-claims standard-of-review | 1. Where a plaintiff adequately argues and preserves a federal claim or a state law claim before the district court, may the plaintiff advance new arg… |
| 21-7413 | Brian Folks v. United States | Second Circuit | 2022-03-18 | Denied | Response WaivedIFP | circuit-split criminal-procedure evidence issue-preservation prosecutorial-misconduct witness-credibility | Whether this Court should grant certiorari to recognize error and provide clarity about the prejudice that stems from a prosecutor's repeated requests… |
| 21-510 | PDVSA US Litigation Trust v. Lukoil Pan Americas, LLC, et al. | Eleventh Circuit | 2021-10-06 | Denied | Response Waived | and raised in the appellate briefing to such an e appellate-procedure appellate-review argument-abandonment civil-procedure court-of-appeals district-court issue-preservation judicial-review legal-briefing merits-determination waiver | Whether a court of appeals may deem an argument to have been abandoned when it was properly raised and fully briefed in the district court, and raised… |
| 20-1792 | Patricia Earnest, et al. v. Joann Ellison, et al. | Sixth Circuit | 2021-06-23 | Denied | 14th-amendment appellate-procedure appellate-review due-process due-process-clause issue-preservation legal-basis procedural-fairness trial-court | Does a court of appeals deny a party due process under the 14th Amendment when it decides the case on a basis never litigated or passed on as a matter… | |
| 20-5916 | Veronica Delph v. University of Arkansas for Medical Sciences, et al. | Eighth Circuit | 2020-10-05 | Denied | IFP | 14th-amendment appellate-procedure appellate-review constitutional-law due-process issue-preservation legal-basis procedural-fairness trial-court | Does a court of appeals deny a party due process Under the 14th Amendment when it decides the case on A basis never litigated or passed on as a matter… |
| 19-5079 | Kenneth Blackwell v. Georgia | Georgia | 2019-07-05 | Denied | Response WaivedIFP | appeal-discretion appellate-procedure appellate-review evidence issue-preservation judicial-discretion legal-sufficiency legal-theory prior-bad-acts prior-difficulties-evidence standard-of-review state-argument trial-court trial-court-discretion trial-procedure waiver | This Court has not enunciated a general rule regarding what questions may be taken and resolved for the first time on appeal when a party fails to pre… |
| 18-6627 | David Timothy Curry v. Florida | Florida | 2018-11-09 | Denied | Response WaivedIFP | appeals appellate-review civil-procedure court-procedure direct-appeal due-process issue-preservation judicial-discretion judicial-review legal-reasoning standing state-court state-courts | Where A State Appellate Court Takes Up An Issue A "Well Opin" Should "They Be Required "To Address Every Issue That Was Presented When they Decline to… |