jurisdictional-defect

48 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6800 In Re Felix Verdejo-Sanchez 2026-02-12 Pending Response WaivedIFP appellate-procedure constitutional-error due-process jurisdictional-defect mandamus subject-matter-jurisdiction 1. Whether a federal court of appeals may continue adjudicating the merits of a criminal appeal without first verifying, sua sponte, the existence of …
25-955 Delmart Ejm Vreeland, III v. Colorado Department of Corrections, et al. Colorado 2026-02-11 Pending constitutional-review due-process fourteenth-amendment jurisdictional-defect merits-review procedural-bar Whether a State violates the Due Process Clause of the Fourteenth Amendment when it limits a defendant's ability to raise all meritorious claims on di…
25-6485 Michelle Renee Morton v. Iowa Iowa 2026-01-06 Denied Response WaivedIFP criminal-proceedings due-process judicial-review jurisdictional-defect structural-error void-ab-initio 1. Whether a conviction initiated by a warrant issued by a magistrate who is later adjudicated not neutral and detached, constitutes a structural juri…
25-6443 Carmine Amelio v. Deutsche Bank National Trust Company, as Trustee Connecticut 2025-12-30 Denied IFP appellate-review due-process judicial-bias jurisdictional-defect recusal standing 1. Whether due process is violated when a state trial judge conducts a dispositive evidentiary hearing on standing and jurisdiction while an appellate…
25-6372 Andre Belous v. City of Battle Creek, Michigan Sixth Circuit 2025-12-15 Denied Response WaivedIFP constitutional-rights due-process jurisdictional-defect loper-bright municipal-officer oath-of-office 1. Oath of Office & Due Process Whether a state court judgment is void when initiated by a municipal officer who never filed the constitutionally req…
25-6228 James Anthony Hale v. Michigan Michigan 2025-11-24 Denied Response WaivedIFP arraignment criminal-procedure due-process jurisdictional-defect right-to-counsel sixth-amendment WHERE PETITIONER WAS DENIED HIS SIXTH AMENDMENT RIGHT TO COUNSEL DURING HIS INITIAL ARRAIGNMENT PROCEEDING, JURISDICTIONAL DEFECT DEPRIVE THE STATE C…
25A503 William Muhr v. Kristin Lee, aka Kristin Ellias Colorado 2025-11-03 Presumed Complete due-process fourteenth-amendment judicial-appointment judicial-integrity jurisdictional-defect state-court-procedure Question not identified.
25-508 Richard Rynn, et al. v. UHS of Phoenix, LLC, et al. Arizona 2025-10-24 Denied Response Waived civil-procedure due-process ex-parte fourteenth-amendment fraud-on-court jurisdictional-defect 1. Whether due process is violated when state courts rely on a concealed ex parte proceeding and fraudulent allegations —previously adjudicated as l…
25A408 In Re Gregory Alvin James Van Etten First Circuit 2025-10-08 Denied constitutional-injury due-process federal-review jurisdictional-defect service-of-process void-judgment 1. Whether enforcement of Title IV-D orders entered without lawful service of process constitutes irreparable harm and requires a stay. 2. Whether a …
25A380 William Scott v. Howard Hanna Third Circuit 2025-10-02 Presumed Complete appellate-jurisdiction federal-rules-of-appellate-procedure jurisdictional-defect mandatory-deadline notice-of-appeal time-limit Question not identified.
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.
25-5574 In Re Paul Patrick Jolivette 2025-09-08 Denied IFP conflict-of-interest constitutional-violation habeas-corpus judicial-disqualification jurisdictional-defect magistrate-judge-authority L Did the united states fnagistrate ju^e dennis M. Cota abuse and usurp his authority and. jurisdiction wen he denied Petitioner' Motion to Disqualif…
25-5548 Louie M. Schexnayder, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2025-09-04 Denied Response WaivedRelisted (2)IFP AEDPA due-process federal-review habeas-corpus jurisdictional-defect state-prisoner Whether the Federal Courts have misapplied habeas restrictions introduced by the AEDPA to State prisoners under FRCP rule 60(b)(4) Motion Based on Fun…
25-5449 John Todd Williams v. United States Second Circuit 2025-08-22 Denied Response WaivedIFP article-three due-process judicial-designation jurisdictional-defect separation-of-powers structural-error 1. Whether a federal judge who is not properly designated under 28 U.S.C. §§ 291-296 may lawfully preside over a criminal case and its post-conviction…
25-130 Francis McLain v. United States Ninth Circuit 2025-08-04 Denied Response Waived criminal-conviction indictment-elements jurisdictional-defect jury-instructions rule-60b4 trust-fund-penalty I. Can a district court properly deny a motion under Rule 60(b)(4), F.R.Civ.P., to vacate a criminal conviction where the motion shows the conviction …
24-7235 Timmy Orlando Collier v. Michigan Michigan 2025-05-16 Denied IFP due-process equal-protection fifth-amendment fourteenth-amendment fourth-amendment jurisdictional-defect DID THE DISTRICT COURT COMMIT A RADICAL JURISDICTIONAL DEFECT BY NOT FOLLOWING MICHIGAN'S LAW AND STANDARDS SET FORTH BY MCL's, MCR's, AND FOURTH, FIF…
24-6639 Mario Ayala Alfaro v. California California 2025-02-25 Denied Response WaivedIFP common-law-infant criminal-procedure due-process eighth-amendment jurisdictional-defect mens-rea 1. Whether punishing a common-law infant in violation of a substantive rule of criminal procedure when devoid of the requisite knowledge and guilty me…
23-6351 Jerome Terry, Jr. v. United States Ninth Circuit 2023-12-26 Denied Response WaivedIFP criminal-procedure district-court due-process jurisdiction jurisdictional-defect ninth-circuit notice sentencing sentencing-departure upward-departure waiver Whether the Ninth Circuit erred in dismissing the appeal when the district court failed to give notice of its intent to depart upwards 147 months and …
23-5738 Angela Cao v. BSI Financial Services, Incorporated, et al. Fifth Circuit 2023-10-10 Denied Response WaivedIFP civil-procedure due-process fair-procedure judicial-authority jurisdiction jurisdictional-defect procedural-fairness res-judicata rule-60b4 subject-matter-jurisdiction usurpation-of-power 1. Whether factors of correct administration of the rules and fair procedure to allow a party an opportunity to litigate the question of jurisdiction…
23-5232 In Re Marcus Antone Peterson 2023-07-28 Denied IFP civil-rights constitutional-rights court-jurisdiction criminal-procedure due-process illegal-imprisonment jurisdiction jurisdictional-defect mandamus mandamus-relief sentencing 1. The lower court acted outside its jurisdiction. 2. A quite bee ath lower court record jurisdiction 3. Peterson is illegally in-prison. (An amets…
23-5009 Joseph Ray Jordan v. United States Second Circuit 2023-06-30 Denied Response WaivedIFP appeals certificate-of-appealability claims-adjudication collins-v-miller habeas-corpus habeas-relief judicial-review jurisdictional-defect procedural-dismissal rule-60b section-2255 A. Is a judgment denying habeas (or Section 2255) relief final and complete "as to all causes of action," as required by Collins v. Miller, 252 U.S. …
22-7004 Amit Khanna, et ux. v. Westport Village at Irongate Community Association California 2023-03-13 Denied Relisted (2)IFP appellate-review civil-procedure civil-rights due-process hoa-declaration-bylaws home-owners-association jurisdictional-defect procedural-irregularity standing unauthorized-counsel vexatious-litigants vexatious-litigation Whether a case without a plaintiff may proceed against persons mis-alleged to be defendants by attorneys who are unauthorized to represent any plainti…
22-833 John E. Reardon v. Phil Murphy, Governor of New Jersey, et al. Third Circuit 2023-03-02 Denied Response Waived civil-rights constitutional-mandate due-process equity-relief judicial-immunity jurisdictional-defect legal-recourse mandamus ministerial-acts standing Given this Court's Mandate found in Wong Kim Ark v U.S., 169 U.S. 649, 654, 1898 that all Courts must consider the Common Law in its decisions and Pay…
22-6392 Adam Tello v. United States Fifth Circuit 2022-12-23 Denied Response WaivedIFP appellate-review civil-rights criminal-procedure due-process ineffective-assistance jurisdiction jurisdictional-defect legal-correction sentencing sentencing-error standing strickland-standard Whether a jurisdictional defective sentence is "non-law" and cannot be adjudicated time or procedurally barred under U.S. Supreme Court law of United …
22-5865 Charles Smith v. United States Ninth Circuit 2022-10-18 Denied Response WaivedIFP appeal appellate-procedure criminal-conviction criminal-procedure jurisdiction jurisdictional-defect ninth-circuit plea-agreement sentencing waiver Whether the Ninth Circuit erred in dismissing the appeal when Mr. Smith's plea agreement contains a count of conviction and resulting sentence that is…
22-5708 David K. Lamb v. Susan Wilson, et al. Sixth Circuit 2022-09-28 Denied Response WaivedIFP article-iii case-controversy civil-procedure court-jurisdiction due-process judicial-standing jurisdiction jurisdictional-defect ripeness standing supreme-court-precedent LACK OF STANDING IS A JURISDICTIONAL DEFECT OF THE SIXTH CIRCUIT PANEL. LACK OF POWER TO DECREE IS ALSO A JURISDICTIONAL DEFECT. THE PANEL DECISION CO…
22-5604 John Gregory Lambros v. Federative Republic of Brazil, et al. District of Columbia 2022-09-19 Denied IFP civil-procedure federal-civil-procedure federal-rules-of-civil-procedure foreign-state foreign-state-defendant jurisdictional-defect motion-to-remand remand removal removal-procedure service-of-process timeliness QUESTION ONE (1): Whether an untimely "Motion for Removal" by a foreign state, 28 U.S.C. 1441(d) - 652 days to late - suffices when the non-jurisdicti…
21-7819 Kevin Ray Smith v. United States Eighth Circuit 2022-05-10 Denied Response WaivedIFP abuse-of-discretion article-iii-standing collateral-attack constitutional-challenge criminal-conviction due-process federal-criminal-law habeas-corpus jurisdictional-defect 1. Did Petitioner have Article standing to collaterally attack a federal criminal conviction, assuming 28 U.S.C. §2255, relying on this Court's preced…
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 …
21-1097 Vinod Kumar Dahiya v. Neptune Shipmanagement Services, PTE, Limited, et al. Fifth Circuit 2022-02-08 Denied arbitration-agreement compelled-arbitration foreign-arbitration foreign-award interlocutory-order judicial-review jurisdictional-defect new-york-convention preclusive-effect Relying on a minority view of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) definition of an arbi…
21-899 Lauren Rosecan v. United States Eleventh Circuit 2021-12-17 Denied Response Waived collateral-order-doctrine criminal-information criminal-procedure due-process felony grand-jury grand-jury-clause interlocutory-appeal jurisdictional-defect pretrial-motion Whether the denial of a pretrial motion to dismiss a criminal information that charges, in violation of theGrand Jury Clause, felony offenses without …
20-8195 Calvin James Reid v. Michigan Michigan 2021-06-02 Denied IFP collateral-attack constitutional-violation criminal-procedure due-process habeas-corpus judicial-review jurisdictional-defect legal-remedy retroactivity state-court-conviction statute-of-limitations time-limitation WHETHER A 30 YEAR OLD JURISDICTIONAL DEFECT IN STATE COURT CONVICTION SHOULD STAND UNCORRECTED BECAUSE THE VIOLATION OCCURRED OVER 30 YEARS AGO?
20-5881 Jose Vincente Lira-Ramirez v. United States Tenth Circuit 2020-10-01 Denied Response WaivedIFP criminal-procedure due-process immigration immigration-law jurisdiction jurisdictional-defect noncitizen-rights notice removal removal-proceedings unlawful-reentry Does the Due Process Clause permit a noncitizen to be convicted under 8 U.S.C. § 1326 for unlawful reentry into the United States if the noncitizen wa…
20-338 Johnny Clyde Benjamin, Jr. v. United States Eleventh Circuit 2020-09-15 Denied Response Waived 11th-circuit controlled-substances-act criminal-indictment federal-district-court furanyl-fentanyl indictment jurisdictional-defect statutory-interpretation subject-matter-jurisdiction LACK OF SUBJECT MATTER JURISDICTION Federal district courts have their jurisdiction limited to violations of laws of the United States. During the per…
20-5529 Herman Bernard v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-08-31 Denied IFP aedpa amendment bankruptcy-court district-court due-process habeas-corpus judgment jurisdictional-defect procedural-rules successive-motions successive-petition Question not identified.
19-722 Larry J. Hudack v. La Cresta Property Owners Association California 2019-12-06 Denied Response Waived anti-slapp anti-SLAPP-statute civil-procedure collateral-attack due-process federal-statute first-amendment jurisdiction jurisdictional-defect right-to-petition standing state-statute void-judgment void-judgments 1. Is a collateral attack on void judgments, on its face, an assault on the constitutional Right to Petition under any state or federal statute? 2. D…
19-5661 David M. Robinson v. Warden, Fort Dix FCI, et al. Third Circuit 2019-08-21 Denied Response WaivedRelisted (2)IFP 28-usc-2241 28-usc-2255 actual-innocence aedpa civil-rights due-process habeas-corpus habeas-corpus-writ jurisdiction jurisdictional-defect pro-se section-2255 standing 1. WHETHER THERE EXIST A CONFLICT BETWEEN THE DECISION OF THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT IN THIS CASE AND THE UNANIMOUS DE…
19-5519 Rubin R. Weeks v. Jason Lewis, Warden Eighth Circuit 2019-08-08 Denied Response WaivedRelisted (2)IFP civil-rights cruel-and-unusual-punishment due-process fundamental-rights habeas-corpus jurisdictional-defect liberty-interest parole-revocation state-court-review state-jurisdiction void-judgment (1).Does Petitioner have the Fundamental Rights to be free from the Missouri State Court's void judgment that has him restrained of liberty ? (2). Do…
18-9468 Melvin Bonnell v. Tim Shoop, Warden Sixth Circuit 2019-05-29 Denied IFP 28-usc-2244 capital-conviction capital-punishment federal-habeas habeas-corpus jurisdiction jurisdictional-defect magwood-v-patterson nunc-pro-tunc second-or-successive statutory-interpretation Whether, when a state court enters a nunc pro tune judgment to attempt to cure a jurisdictional defect in a capital defendant's conviction, the first …
18-9376 Charles A. Davis v. United States District Court for the Western District of North Carolina Fourth Circuit 2019-05-22 Denied Response WaivedIFP abuse-of-discretion appellate-review civil-procedure court-discretion judicial-review jurisdictional-defect jurisdictional-defects legal-standing lower-courts procedural-error standing subject-matter-jurisdiction WHETHER THE LOWER COURTS ABUSED THEIR DISCRETION BY THEIR FAILURE TO ADDRESS THE JURISDICTIONAL DEFECTS THAT DEPRIVE THEM OF SUBJECT MATTER JURISDICTI…
18-8638 Michael Bennefield v. Georgia Georgia 2019-03-29 Denied Response WaivedIFP constitutional-safeguards criminal-procedure due-process fair-trial guilt-determination jurisdiction jurisdictional-defect plea-bargaining plea-proceedings procedural-validity standing structural-defects When Structural Jurisdictional defects prevent a fair proceeding, can any reliable determination of guilt or innocence be deemed fair? When the Plea …
18-7478 Lloyd Michael Blair v. Michigan Michigan 2019-01-17 Denied IFP constitutional-error criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-defect jury-trial post-conviction-relief relief resentencing sentencing sentencing-procedure sixth-amendment 1. Are the sentencino proceedinos that was found to be urconstitutionel made to be invalid? 2. Did the 'trial court ebuse its discretion by refusinn …
18-6953 Jesus Jaime Jimenez v. Texas Texas 2018-12-10 Denied IFP 14th-amendment 6th-amendment actual-innocence criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect post-conviction-writ texas-constitution Question 1. Whether the Trial Court, as well as, the Court of Criminal Appeals of Texas, abused their discretion (violating Applicants Constitutional …
18-6964 Henry L. Wallace v. United States District of Columbia 2018-12-07 Denied Response WaivedIFP civil-rights criminal-procedure criminal-procedure-defects double-jeopardy due-process indictment-amendment ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect jury-instruction jury-instructions prosecutorial-misconduct standing 1.) Whether a jurisdiction defective indictment can he procedurally or time bar adjudication after twenty years if it violate these Supreme Court Full…
18-6535 Rodney Williams v. Michigan Michigan 2018-11-01 Denied IFP 6th-amendment due-process fourth-amendment-violation jurisdictional-defect jury-trial-rights restitution right-to-counsel sentencing sixth-amendment-right void-judgment void-restitution-order void-sentence WAS DEFENDANT DENIED HIS CONSTITUTIONAL RIGHT TO COUNSEL AT HIS SENTENCING AND RESTITUTION HEARING; CONSTITUTING A VOID SENTENCE AND RESTITUTION ORDER…
18-264 New World International, Inc., et al. v. Ford Global Technologies, LLC, et al. Federal Circuit 2018-08-30 Denied Response Waived civil-litigation civil-procedure claim-preclusion collateral-estoppel cure dismissal first-suit issue-preclusion jurisdictional-defect legal-procedure personal-jurisdiction res-judicata second-suit suit-dismissal Whether jurisdictional defects in a first suit dismissed for lack of personal jurisdiction can be cured in a second suit by alleging facts that were k…
18-5368 Gabriel Werdene v. United States Third Circuit 2018-07-26 Denied Response WaivedIFP computer-search criminal-procedure exclusionary-rule federal-rule-of-criminal-procedure-41(b) fourth-amendment good-faith good-faith-exception jurisdiction jurisdictional-defect law-enforcement-procedure search-warrant warrant warrant-validity I. Whether the good-faith exception to the exclusionary rule applies when a warrant is void from the outset due to the issuing authority's lack of jur…
18-5202 Samuel Knowles v. United States Eleventh Circuit 2018-07-11 Denied Response WaivedIFP certificate-of-appealability consular-notification criminal-procedure due-process extradition extradition-process international-treaty jurisdiction jurisdictional-defect Is the Eleventh Circuit Court of Appeals in error for ignoring this Courts mandates in Buck v. Davis, 137 S.Ct. 759 (2017), where this Court has deter…