postconviction-motion
9 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23-7719 | Justin T. Winston v. Jon Noble, Warden | Seventh Circuit | 2024-06-14 | Denied | Response WaivedIFP | cause-and-prejudice constitutional-rights constitutional-violations federal-claims postconviction-motion procedural-default state-law wisconsin-law | Did Mr. Winston procedurally default all of his federal claims? If Mr. Winston defaulted his claims, did he show cause and prejudice? Did the Wiscon… |
| 23-5904 | Hazhar A. Sayed v. Colorado | Colorado | 2023-10-27 | Denied | IFP | appellate-review criminal-procedure excusable-neglect ineffective-assistance ineffective-assistance-of-counsel postconviction-motion sentencing standard-of-review | Whether the Colorado Court of Appeals misapplied the standard of review applicable to assertion of justifiable excuse or excusable neglect for belated… |
| 22-6633 | Edward R. Brown v. Florida | Florida | 2023-01-25 | Denied | IFP | amendment-14 amendment-opportunity civil-procedure claim-denial constitutional-violation due-process habeas-corpus judicial-discretion post-conviction postconviction-motion standing | (1) Does A Trial Judge Abuse its discretion when it fails to properly rule on A property filed Postconviction motion in which A motion gets denied as … |
| 21-6472 | Anthony Mungin v. Florida | Florida | 2021-12-01 | Denied | IFP | brady-v-maryland brady-violation constitutional-claim due-process exculpatory-evidence postconviction-motion postconviction-relief prosecutorial-misconduct | Can Florida, consistent with Due Process and Brady v. Maryland, condone the prosecution's withholding of material exculpatory evidence beyond the time… |
| 20-6393 | Todd C. Hughes v. Florida | Florida | 2020-11-20 | Denied | Response WaivedIFP | cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment fourteenth-amendment post-conviction postconviction-motion sexual-predator | Did the Florida Second District Court of Appeal and the Florida Sixth Judicial Circuit violate the Petitioner's and like situated inmates, rights unde… |
| 20-6290 | Orlando Sanchez v. United States | Third Circuit | 2020-11-12 | Denied | Response WaivedIFP | 28-usc-2255 armed-career-criminal-act career-offender constitutional-vagueness johnson-v-united-states postconviction-motion residual-clause sentencing-guidelines statutory-interpretation | Whether a postconviction motion under 28 U.S.C. § 2255, challenging a sentence imposed under the pre-2005 mandatory version of the Sentencing Guidelin… |
| 19-8640 | Paul N. Littles v. United States | Third Circuit | 2020-06-08 | Denied | Response WaivedIFP | 28-U.S.C-2255 career-offender constitutional-vagueness Johnson-v-United-States mandatory-sentencing-guidelines postconviction-motion residual-clause sentencing-guidelines supreme-court-precedent unconstitutionally-vague | The question presented is whether a postconviction motion under 28 U.S.C. § 2255, challenging a sentence imposed under the pre-2005 mandatory version … |
| 19-8144 | Franco Nicholas Padgett v. United States | Eleventh Circuit | 2020-03-30 | Denied | Response WaivedIFP | appellate-procedure concurrent-sentence-doctrine convictions courts-of-appeals federal-postconviction-motions federal-sentences federal-sentencing judicial-review postconviction-motion sentence-challenge sentences | Whether the concurrent sentence doctrine applies to challenges to federal sentences when there is no challenge to a conviction. Whether the concurren… |
| 18-7661 | Philip Walter Jones v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2019-01-30 | Denied | Response WaivedIFP | circuit-courts circuit-split diligence diligence-standard judicial-procedure new-evidence pace-v-diguglielmo postconviction-motion proper-filing properly-filed relief-standard time-bar untimely | This case presents two questions pertaining to the "proper filing" requirement that were left open by Pace v. DiGuglielmo, 544 U.S. 408 (2005) and tha… |