north-carolina

15 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-6613 Kathy Allen v. Arthur Allen, et al. North Carolina 2024-01-30 Denied Relisted (2)IFP appellate-procedure appellate-rules civil-procedure constitutional-rights court-rules due-process estate-litigation motion-to-dismiss national-interest north-carolina standing Did the NCCOA and NCSC - Improperly Deny Appellant's Motions for R. 33 Notice of Representation or was violation of the appellate rules and is of Nati…
22-887 Rogelio Albino Diaz-Tomas v. North Carolina North Carolina 2023-03-15 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) criminal-procedure defendant-rights due-process indefinite-postponement north-carolina plea-bargaining prosecution-postponement speedy-trial In Klopfer v. North Carolina, 386 U.S. 213 (1967), the Court held unconstitutional a practice unique to North Carolina, under which the state indefini…
21-8221 Isiah Paul Mendez v. United States Fourth Circuit 2022-06-23 Denied Response WaivedIFP armed-career-criminal-act breaking-and-entering criminal-law north-carolina north-carolina-criminal-law predicate-offense statutory-interpretation taylor-v-united-states united-states-supreme-court united-states-v-johnson WHETHER OR NOT THE NORTH CAROLINA CRIME OF BREAKING AND ENTERING (N.C. GEN STAT. §14-54), AS DEFINED BY THE NORTH CAROLINA SUPRME COURT, CAN BE UTILIZ…
21-6038 In Re Brian David Hill 2021-10-21 Denied Response WaivedRelisted (2)IFP constitution constitutional-violations district-court due-process fraud-on-court fraud-on-the-court habeas-corpus judicial-rebellion north-carolina supreme-court-authority uncontested-motions Where the U.S. District Court for the Middle District of North Carolina had systematically and repeatedly deprived a Petitioner of Due Process of Law …
21-227 Venus Y. Springs v. North Carolina State Bar North Carolina 2021-08-17 Denied Response Waived civil-rights constitutional-rights corporate-litigation due-process evidence first-amendment free-speech judicial-discipline north-carolina standing I. Whether the N.C. Court of Appeals erred in holding that Springs' posting of a deposition video --long after the proceedings were concluded -- in or…
20-897 Kyle Kopitke v. Karen Brinson Bell, Executive Director, North Carolina State Board of Elections Fourth Circuit 2021-01-08 Denied Amici (1)Response Waived anderson-v-celebrezze ballot-access candidate-signatures constitutional-rights election-law fourth-circuit independent-candidates march-filing-deadline north-carolina petition-requirements I. Whether the Fourth Circuit decision requiring all independent candidates to file their ballot access qualifying petitions by the date of North Caro…
19-8810 Jonathan Monterio Davidson v. United States Fourth Circuit 2020-06-24 Denied Response WaivedIFP armed-career-criminal-act breaking-and-entering criminal-law criminal-sentencing felonious-breaking-and-entering north-carolina north-carolina-law statutory-interpretation violent-felony 1. DOES NORTH CAROLINA'S OFFENSE OF FELONIOUS BREAKING AND/OR ENTERING QUALIFY AS A VIOLENT FELONY UNDER THE ARMED CAREER CRIMINAL ACT?
19-7248 Christopher Omar Hinton v. United States Fourth Circuit 2020-01-10 Denied Response WaivedIFP attempted-robbery crime-of-violence dangerous-weapon federal-sentencing north-carolina north-carolina-law sentencing-guidelines united-states-sentencing-commission united-states-sentencing-guidelines Whether North Carolina attempted robbery with a dangerous weapon qualifies as a crime of violence under Section 4B1.2 of the United States Sentencing …
19-737 James Nathaniel Douse v. United States, et al. Eleventh Circuit 2019-12-10 Denied Response WaivedRelisted (2) camp-lejeune civil-rights disability disability-statute due-process eleventh-circuit federal-courts federal-district-court north-carolina standing state-legislator takings toxic-exposure toxic-water QUESTIONS A through K. Pursuant to Rule 10 and Rule 11. Answering these short questions will resolve our issues and concerns with The Eleventh Circuit…
19-6116 Ronald E. Evans v. United States Second Circuit 2019-10-01 Denied Response WaivedIFP armed-career-criminal-act burglary categorical-approach criminal-statute-interpretation generic-burglary north-carolina north-carolina-burglary north-carolina-statute second-degree-burglary sentencing-enhancement statutory-interpretation trailers Whether North Carolina second degree burglary (N.C. Gen. Stat. § 14-51), which encompasses unlawful entries into trailers used to store property, is c…
18-9105 Samuel Eugene Geddie v. North Carolina North Carolina 2019-05-02 Denied Response WaivedIFP aggravated-crimes alleyne-precedent alleyne-v-united-states court-of-appeals criminal-classification criminal-law due-process north-carolina north-carolina-law sentencing statutory-interpretation WHETHER THE NORTH CAROLINA COURT OF APPEALS ERRED BY HOLDING THERE ARE "NO AGGRAVATED CRIMES", SUCH AS AGGRAVATED COMMON LAW ROBBERY, IN NORTH CAROLIN…
18-8725 Saiydin Abdullan Muhammad v. United States Fourth Circuit 2019-04-08 Denied Response WaivedIFP career-offender common-law-robbery criminal-law north-carolina north-carolina-law predicate-offense sentencing sentencing-guidelines Whether North Carolina common law robbery qualifies as a predicate offense to support a designation of career offender
18-7984 James Scott Ervin v. United States Fourth Circuit 2019-02-14 Denied Response WaivedIFP 18-usc-924 armed-career-criminal-act criminal-law criminal-procedure due-process fourth-circuit north-carolina statutory-interpretation violent-felony I. Did the Fourth Circuit Court of Appeals violate the Petitioner's rights to due process by not following this Court's prior holdings, when it determ…
18-965 Donald Sullivan v. Robert Wayne Pugh, et ux. North Carolina 2019-01-25 Denied Relisted (2) appeal appellate-procedure civil-procedure civil-rights constitutional-rights due-process judicial-misconduct jury-trial north-carolina oath-of-office summary-judgment Whether or not the presiding judge in the lower court, the judges of the Court of Appeals of North Carolina and the justices of the North Carolina Sup…
18-6981 Dexter Leon Surratt v. North Carolina North Carolina 2018-12-11 Denied Response WaivedIFP constitutional-challenge criminal-law due-process ex-post-facto north-carolina punitive-restrictions retroactive-application retroactivity sex-offender-registration smith-v-doe The first generation of sex offender registration statutes required only that offenders register with the government and that information about the of…