judicial-explanation

9 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6218 Anthony McCarary v. United States Ninth Circuit 2024-12-31 Denied Response WaivedIFP circuit-split criminal-procedure federal-rules judicial-explanation preservation-of-error sentencing-reasonableness To determine whether a sentencing issue is preserved, "The question is simply whether the claimed error was 'brought to the court's attention." Holgui…
24-5857 Dimas Deleon Rios v. United States Fifth Circuit 2024-10-30 Denied Response WaivedIFP appellate-review certificate-of-appealability judicial-explanation meaningful-review petitioner-rights procedural-due-process Does an appellate court have an obligation to provide sufficient explanation for denying a certificate of appealability to enable a petitioner to seek…
23-7474 Bogdan Nicolescu v. Dave Bobby, Warden Seventh Circuit 2024-05-15 Denied Response WaivedIFP appellate-procedure appellate-review court-of-appeals due-process judicial-discretion judicial-explanation merits-panel pro-se-litigant procedural-fairness uncandid-briefing Is a 3-judge merits panel of a U.S. court of appeals at liberty, perhaps over-reliant on the opposing party's counseled but uncandid briefing, to not …
23A503 Kathy Allen, et al. v. L3Harris Technologies, Inc. Fourth Circuit 2023-12-04 Presumed Complete appellate-review due-process erisa judicial-explanation life-insurance rule-60-motion Question not identified.
23-578 Christopher Kinzy v. United States Fifth Circuit 2023-11-29 Denied Response RequestedResponse WaivedRelisted (2) appellate-review circuit-split criminal-procedure district-court-discretion gall-standard gall-v-united-states guidelines judicial-explanation rita-v-united-states sentencing sentencing-guidelines Whether a district court can insulate from vacatur a sentence based on an erroneously enhanced Guidelines range simply by stating, without explanation…
23A484 Kathy Allen v. Arthur Allen, et al. North Carolina 2023-11-29 Presumed Complete appeal-dismissal certiorari due-process judicial-explanation pro-se state-court Question not identified.
22-7802 James B. Norris, Jr. v. United States Eighth Circuit 2023-06-16 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review circuit-split criminal-procedure due-process internet-access judicial-explanation pro-se-motion revocation-hearing sentencing sentencing-discretion supervised-release Whether the Eighth Circuit erred – contrary to the holdings of the Second, Fourth, Seventh, Ninth, Eleventh, and D.C. Circuit Courts of Appeals, which…
22-6659 Armando Lopez-Rivera v. United States First Circuit 2023-01-30 Denied Response WaivedIFP appellate-review appellate-standard concurrent-sentence gall-precedent gall-v-united-states individualized-assessment intellectual-disability judicial-explanation sentencing-courts sentencing-explanation sentencing-review Whether a sentencing court must provide a reasonable explanation, on the record, as to why it is not considering a sentencing factor advanced by a def…
18-8794 Ricky Raymond Ball v. United States Eighth Circuit 2019-04-11 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process judicial-explanation manifest-injustice plea-agreement plea-bargaining supervised-release 1. Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N) when, rather than informing Mr. Ball of the extent to which he was wa…