mandate-rule
26 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-968 | Kishore Kumar Kavuru v. United States | Ninth Circuit | 2026-02-17 | Pending | Response Waived | appellate-review certificate-of-appealability constitutional-claim equal-protection immigration-fraud mandate-rule | 1. Whether the Ninth Circuit erred in denying a certificate of appealability (COA) by holding that no jurist of reason would find the petitioner 's… |
| 25-6745 | Linda Sun v. D.C. Office of Employee Appeals, et al. | District of Columbia | 2026-02-06 | Pending | IFP | administrative-law due-process fraud-on-court judicial-integrity mandate-rule party-presentation | 1. Whether a court's inherent power to set aside a judgment for fraud on the court — as preserved in Super. Ct. Civ. R. 60(d) — is subject to a "reaso… |
| 25-6142 | John Elwood Tyrone Martin v. United States | Fourth Circuit | 2025-11-17 | Pending | IFP | appeal-waiver criminal-procedure district-court guilty-plea mandate-rule sentencing-error | I. If a court of appeals recognizes a sentencing error and remands for resentencing, does the mandate rule bar the district court from considering a d… |
| 25A390 | John Elwood Tyrone Martin v. United States | Fourth Circuit | 2025-10-03 | Presumed Complete | appellate-review guilty-plea ineffective-counsel mandate-rule resentencing withdrawal | Question not identified. | |
| 25-5753 | Eddie Scott v. United States District Court for the Middle District of Florida | Eleventh Circuit | 2025-09-29 | Denied | Relisted (2)IFP | anti-injunction-statute federal-rule-60b habeas-corpus mandate-rule section-1983 younger-doctrine | I. The question presented is whether a Judge can keep a case closed even after the plaintiff overcame the Younger Doctrine by being acquitted after a … |
| 25-5360 | Rachel Goode v. Frank Bisignano, Commissioner of Social Security | Eleventh Circuit | 2025-08-14 | Denied | Response WaivedIFP | administrative-law judicial-review law-of-case mandate-rule remand social-security | Where a District Court remands a decision of the Social Security Administration, to address a specific error, not related to the residual functional c… |
| 25-5003 | Eric Richard Garza v. United States | Fifth Circuit | 2025-07-01 | Denied | Response WaivedIFP | appellate-review criminal-conviction de-novo-resentencing fifth-circuit-interpretation mandate-rule sentencing-discretion | Did the Fifth Circuit misapply its restrictive interpretation of the mandate rule which does not permit de novo resentencing, but limits to resentenci… |
| 24-7396 | Arturo Garza, Jr. v. United States | Fifth Circuit | 2025-06-11 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appellate-review circuit-split criminal-procedure mandate-rule resentencing sentencing-guidelines | Whether the mandate rule precludes a district court from recalculating a defendant's Sentencing Guidelines range at resentencing based on convictions … |
| 24A1086 | Ali Al-Maqablh v. Crystal Heinz, Individually and in Her Official Capacity as County Attorney of Trimble County, Kentucky, et al. | Sixth Circuit | 2025-05-09 | Presumed Complete | certiorari-petition law-of-the-case-doctrine mandate-rule Sixth-Circuit-review summary-judgment Thompson-v-Clark | Question not identified. | |
| 24-5754 | Azibo Aquart v. United States | Second Circuit | 2024-10-15 | Denied | IFP | charging-statute district-court-jurisdiction federal-criminal-prosecution indictment-defect jurisdictional-error mandate-rule | Whether a defect in an indictment is categorically a non-jurisdictional error, even if the indictment alleges conduct that is beyond the scope of the … |
| 24A122 | Azibo Aquart v. United States | Second Circuit | 2024-08-02 | Presumed Complete | charging-statute circuit-split criminal-procedure indictment-sufficiency jurisdictional-error mandate-rule | Question not identified. | |
| 23-7371 | Laron Darrell Carter v. United States | Ninth Circuit | 2024-05-02 | Denied | IFP | appellate-procedure civil-procedure court-of-appeals district-court jurisdiction jurisdictional-issue mandate mandate-rule procedural-law waiver | Whether the rule requiring a district court to follow the mandate of a court of appeals is "jurisdictional" such that it cannot be waived by a party. |
| 23A781 | Lawrence L. Crawford v. Warden of Lieber Correctional Institution | Fourth Circuit | 2024-02-26 | Denied | appellate-review court-procedure due-process fourth-circuit judicial-jurisdiction mandate-rule | Question not identified. | |
| 23-6239 | Christopher Everson v. Angel Quiros, Commissioner, Connecticut Department of Correction, et al. | Second Circuit | 2023-12-12 | Denied | IFP | appellate-procedure civil-procedure federal-rules-of-civil-procedure fraud fraud-on-court independent-action judicial-procedure mandate-rule rule-60 timing timing-limitations | The Petitioner presents two questions: Federal Rules of Civil Procedure, Rule 60 (d) (1) Provides: "Other powers to grant relief, This rule does not … |
| 23-5462 | Victor Manuel Solorzano v. United States | Fifth Circuit | 2023-08-29 | Denied | Response WaivedIFP | circuit-split first-step-act intervening-law mandate-rule resentencing sentencing sentencing-package | 1. Does Section 403 of the First Step Act, Pub. L. No. 115-391, 132 Stat. 5194 apply to a defendant at a post-Act resentencing hearing following vacat… |
| 22-751 | Charles C. Liu, et al. v. Securities and Exchange Commission | Ninth Circuit | 2023-02-09 | Denied | appellate-jurisdiction circuit-split disgorgement equity-practice joint-and-several-liability mandate-rule net-profits procedural-requirement profits-based-remedy third-party-funds | 1. Whether the decision of the Ninth Circuit requiring petitioners to disgorge funds they raised and disbursed to unrelated third parties, but never p… | |
| 22-6393 | Xavier Milton Earquhart v. United States | Fourth Circuit | 2022-12-27 | Denied | Response WaivedIFP | due-process fair-trial federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-review mandate-rule motion-to-dismiss sixth-amendment standing subject-matter-jurisdiction | If subject matter jurisdiction does not affirmatively appear in the record, is the judgement valid? Does the court have an obligation to determine wh… |
| 22-6344 | Bryshun Genard Furlow v. United States | Fourth Circuit | 2022-12-20 | Denied | Response WaivedIFP | armed-career-criminal-act categorical-approach controlled-substance-offense criminal-procedure drug-conviction fourth-circuit mandate-rule prior-conviction sentencing-guidelines | Whether the Fourth Circuit erroneously refused to apply its intervening case law to Furlow's case, incorrectly applying the mandate rule. Whether the… |
| 20-8343 | Joseph Jenkins v. United States | Second Circuit | 2021-06-17 | Denied | Response WaivedIFP | appeal appearance-of-impropriety appellate-procedure constitutional-review due-process judicial-bias laws-of-case mandate-rule panel-composition sentencing | On third direct appeal, did the fractionally different appellate Panel plainly err by failing to force district court compliance (mandate rule) with t… |
| 20-6174 | Marjory Childs v. Western Tidewater Community Services Board | Fourth Circuit | 2020-10-30 | Denied | IFP | ada-1990 americans-with-disabilities-act civil-procedure civil-rights civil-rights-act court-of-appeals due-process federal-rules-appellate-procedure judicial-procedure mandate-rule standing title-vii | 1. Whether the Court of Appeals judgement shall take effect upon issuance of mandate in accordance with FED. R. App. P. 41? 2. Whether the Appeals ju… |
| 19-944 | Scott A. Seldin v. Theodore M. Seldin, et al. | Eighth Circuit | 2020-01-28 | Denied | Response Waived | arbitration civil-procedure functus-officio jurisdiction jurisdictional-bar law-of-the-case mandate-rule rule-of-mandate statutory-interpretation trust-accounting | 1. Whether the court of appeals erred in affirming the district court's dismissal of a narrow statutory trust accounting action, which was based on fi… |
| 19-6613 | Jaime Rodriguez, et al. v. United States | Second Circuit | 2019-11-14 | Denied | Response WaivedIFP | appellate-review counsel-performance deliberate-misrepresentations due-process factual-predicates false-positions false-positions-and-deliberate-misrepresentations ineffective-assistance ineffective-assistance-of-counsel mandate-rule newly-raised-claims sixth-amendment | Whether the mandate rule bars consideration and adjudication of newly raised claims, under a Sixth Amendment ineffective assistance of counsel claim, … |
| 18-1397 | Prism Technologies LLC v. Sprint Spectrum L.P., dba Sprint PCS | Federal Circuit | 2019-05-06 | Denied | Response Waived | 35-usc-101 appellate-jurisdiction collateral-estoppel federal-circuit federal-circuit-jurisdiction jurisdiction-scope mandate-rule patent-claims patent-eligibility patent-invalidity retroactive-expansion | Whether the Federal Circuit Court of Appeals may retroactively expand the scope of its appellate jurisdiction to invalidate patent claims under 35 U.S… |
| 18-1371 | Jefferson Morley v. Central Intelligence Agency | District of Columbia | 2019-05-01 | Denied | Response Waived | administrative-law attorney-fees circuit-court-conflict civil-rights due-process foia-attorney-fees freedom-of-information-act judicial-precedent legal-uniformity mandate-rule national-uniformity precedent | 1. Should Morley v. CIA, 894 F.3d 389 (D.C. Cir. 2018) ("Morley XI") be reversed because it is in direct conflict with Dept. of Justice v. Tax Analyst… |
| 18-6061 | Rogelio Ortiz-Martinez v. United States | Fifth Circuit | 2018-09-20 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | change-in-law criminal-appeal divisible-statute fifth-circuit intervening-change-in-law judicial-proceedings mandate mandate-rule recall-of-mandate rehearing-petition sentencing-enhancement sentencing-guidelines texas-burglary-statute | I. In a direct criminal appeal, is it a serious departure from the accepted and usual course of judicial proceedings when a federal court of appeals r… |
| 18-5569 | Sean Weisner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-08-13 | Denied | Relisted (2)IFP | 28-usc-2244 circuit-split civil-rights constitutional-rights due-process federal-habeas federal-statute habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mandate-rule mental-illness standing time-bar | 1) Does the Classification made by this Court in Coley d. Sattald Jan 8.64. 3134 constitute the Circuit Court as being contrary to Clearly established… |