record
26 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23-7161 | James E. Homan v. United States | Fifth Circuit | 2024-04-08 | Denied | Response WaivedIFP | district-court due-process facts judicial-discretion record revocation revocation-proceeding sentencing supervised-release | Whether the district court violated Mr. Homan's right to due process during the sentencing phase of this supervised release revocation proceeding when… |
| 23-791 | Peter Thompson v. Gregg Sullivan, et al. | Ninth Circuit | 2024-01-23 | Denied | Response Waived | appeal appellate-procedure civil-procedure district-court-proceedings due-process fraud ninth-circuit-rules pro-se-filing procedural-due-process record record-exclusion standing | 1. Did the Ninth Circuit err in concluding that the lower US District Court of Montana proceedings could be equitably affirmed when the district court… |
| 22-7226 | Travis J. Guttu v. Chris S. Buesgen, Warden | Seventh Circuit | 2023-04-06 | Denied | Response WaivedIFP | actual-innocence aedpa-deadline due-process ineffective-assistance miscarriage-of-justice no-trial plea-agreement procedural-innocence record sixth-amendment-right | 1. Does a claim of procedural innocence require a petitioner to show his actual innocence with facts outside of the record where no trial took place? … |
| 22-6907 | Jeremy Jermaine Cumbie v. Texas | Texas | 2023-03-02 | Denied | IFP | constitutional-rights criminal-procedure cruel-unusual-punishment due-process evidence evidence-outside-record outside-the-record record sentencing trial-court-discretion | I. WAS MR. CUMBIE DENIED DUE PROCESS OF THE LAW WHEN THE COURT CONSIDERED EVIDENCE OUTSIDE THE RECORD IN ASSESSING THE SENTENCE? II. DID THE TRIAL CO… |
| 22-758 | Aparna Vashisht-Rota v. Howell Management Services, LLC | Utah | 2023-02-13 | Denied | Response WaivedRelisted (2) | appeals appellate-procedure civil-procedure court-of-appeals due-process judicial-immunity procedural-rules record record-review standing u.r.a.p-11 | 1. Whether the Court of Appeals allowing materials not on the record conflicts with the requirements of U.R.A.P 11? 2. Whether judges have qualified … |
| 22-6058 | Justin David Martin v. United States | Sixth Circuit | 2022-11-15 | Denied | Response WaivedIFP | court-of-record criminal-procedure evidence evidence-admission federal-prosecution procedural-error record search-warrant structural-error waiver | 1. As Courts of the United States are Courts of Record, is it structural error for the federal Prosecution to rely upon a state search warrant for the… |
| 22-5774 | Dajuan L. Banks v. Ohio | Ohio | 2022-10-05 | Denied | IFP | court-of-record evidence-forgery forged-document fourth-amendment judicial-record record res-judicata search-warrant | 1) ARE THE RIGHTS PROTECTED UNDER THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION OFFENDED WHERE AN AFFIDAVIT IN SUPPORT OF THE ISSUANCE OF A S… |
| 21-6431 | Vegas D. Smith v. United States | Fourth Circuit | 2021-11-29 | Denied | IFP | abuse-of-discretion appeals appellate-review career-offender criminal-procedure explanation judicial-discretion procedural-error record sentencing sentencing-modification statutory-interpretation | Did the Court of Appeals for the Fourth Circuit commit error when it affirmed the District Court's decision to deny petitioner's motion filed under 18… |
| 19-8732 | Efrain Leyva Hernandez v. United States | Ninth Circuit | 2020-06-17 | Denied | Response WaivedIFP | abuse-of-discretion accurate-information criminal-procedure due-process judicial-discretion ninth-circuit record sentencing speculative-inference speculative-inferences | Does a district court violate a defendant's due process right to be sentenced based on accurate information and abuse its discretion when it imposes a… |
| 19-7888 | Josephine Banks v. Waffle House, Inc. | Georgia | 2020-03-05 | Denied | IFP | appeal appellate-rights civil-procedure constitutional-rights court-procedure denial-of-appeal due-process in-forma-pauperis judicial-error legal-document notice-of-appeal procedural-justice record standing | When a lower court overlooks a required legal document that is in the record, fails to correct their error and proceeds to deny a litigant the right t… |
| 19-7422 | Andre Antonio Fairley v. Mississippi | Mississippi | 2020-01-27 | Denied | Response WaivedIFP | civil-rights colloquy constitutional-provisions criminal-procedure due-process jurisdiction record self-incrimination sentencing waiver | Whether trial court committed reversible structural error, by failing to conduct a mandated on-the-record colloquy into a waiver of counsel, before al… |
| 19-6997 | Gary A. Bailey v. Darrel Vannoy, Warden | Fifth Circuit | 2019-12-18 | Denied | Response WaivedIFP | civil-procedure civil-rights court-procedure due-process honest-and-just judicial-integrity judicial-system justice-standards legal-system record standing truth-and-justice truth-in-law | 1. Does the integrity of our judicial system rely on truth and justice? 2. The question is, does the record reflect an honest and just judicial syste… |
| 19-6311 | Adam Douglas Boylen v. United States | Sixth Circuit | 2019-10-21 | Denied | Response WaivedIFP | civil-procedure civil-rights claim-exhaustion constitutional-law due-process foreclosure habeas-corpus ninth-circuit petition-preclusion procedural-default record standing state-court-record takings | Whether, in light of Jones v. United States, 529 U.S. 848 (2000), and the interpretive rule that constitutionally doubtful constructions should be avo… |
| 19-5737 | Jerome Burnam v. Pennsylvania | Pennsylvania | 2019-08-28 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights court-reasoning due-process judicial-procedure mandamus meaningful-opportunity-to-seek-redress re-sentencing reasons reasons-on-the-record record redress sentence-imposition writ-of-mandamus | Where the issue involves the Constitutionality of the statue of the Commonwealth. I. Whether Writ of Mandamus jurisdiction was abridged or if this Pe… |
| 19-5592 | Dawud Spaulding v. Ohio | Ohio | 2019-08-15 | Denied | IFP | capital-defendant capital-punishment defense-counsel due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-presumption post-conviction post-conviction-proceedings record record-evidence standard-of-review strategic-decision strategic-decision-making | 1. Should courts presume defense counsel acted strategically, even when the evidence in the record demonstrates a lack of strategy in their actions? … |
| 18-8989 | Dwayne Stoutamire v. Donald Morgan, Warden | Sixth Circuit | 2019-04-25 | Denied | Relisted (2)IFP | 28-usc-2244 appeals civil-procedure due-process habeas-corpus mandate motion-to-vacate record standing successive-petitions | Is my motion to recall the mandate considered a Second or Successive petition? If my motion to recall the mandate is a Second or Successive applicati… |
| 18-8868 | Amilcar C. Butler v. United States | Sixth Circuit | 2019-04-17 | Denied | Response WaivedIFP | clerical-error commitment court-filing criminal-procedure fed-r-crim-p-36 federal-criminal-procedure federal-rules-of-criminal-procedure judgment judgment-correction judicial-error procedural-rule record | I. Is It Error For The District Court To File An Order Granting A Petition To Correct A Clerical. Error In The Judgment Under Fed. R. Crirn. P. 36, Bu… |
| 18-8688 | Frederick A. McShan v. United States | Sixth Circuit | 2019-04-04 | Denied | Response WaivedIFP | civil-rights constitutional-provisions criminal-procedure double-jeopardy due-process fundamental-rights ineffective-assistance-of-counsel judicial-misconduct judicial-review legal-interpretation procedural-rights record statutory-provisions | strict District court Error put The Appellant 2e yeopardy for The same charge? Lawyer's objected to the Repolling? violated the Appellant Rights the D… |
| 18-8344 | James Edward Whitney v. Arkansas | Arkansas | 2019-03-08 | Denied | Response WaivedIFP | appeal appeal-procedure appeal-process-issues civil-procedure clerk-error clerk-of-court clerk-of-court-duties court-filing due-process institutional-filing notice-of-appeal record record-filing record-lodging standing timeliness | The Clerk of the court has improperly declined to lodge the record on my appeal from the order of the Circuit Court for Washington County Arkansas, ca… |
| 18-8230 | Montgomery Carl Akers v. United States | Tenth Circuit | 2019-03-01 | Denied | Response WaivedIFP | civil-procedure constitutional-rights counsel-of-choice court-procedure due-process fifth-amendment jurisdiction legal-obstruction record standing | DOES HAVE A CONSTITUTIONAL RIGHT UNDER THE FIFTH AMENDMENT DUE PROCESS CLAUSE TO HAVE HIS CASE HEARD BY THE DISTRICT COURT AND APPELLATE COURT BASED U… |
| 18-7545 | Briand Williams v. California | California | 2019-01-24 | Denied | Response WaivedIFP | appellate-counsel due-process equal-protection plea-bargain right-to-counsel statute-of-limitations 14th-amendment 6th-amendment appellate-counsel due-process equal-protection ineffective-assistance plea-bargain record statute-of-limitations strickland-standard strickland-v-washington | When the Appointed Counsel on Direct appeal is a thorn to the perfection of that appeal and falls below the standard of Strickland vs. Washington (198… |
| 18-7460 | Clint Horvatt v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-01-16 | Denied | IFP | adversarial-testing appeal change-of-venue civil-procedure competency-hearing criminal-acts criminal-procedure disciplinary-history due-process independent-act-doctrine ineffective-assistance involuntary-intoxication record standing trial-counsel trial-court | In claim one and two, did the trial court fail to attach portions of the record. In claim 3(A), did trial counsel fail to investigate criminal acts a… |
| 18-7355 | Michael R. Haynes v. Oregon Board of Parole and Post-Prison Supervision, et al. | Ninth Circuit | 2019-01-10 | Denied | Response WaivedIFP | administrative-law agency-deference civil-procedure civil-rights due-process judicial-review opinion order record standing | When record[ p.3 Opinion and order 4/14/17] show Respondents deviated from[APPENDIX A Ex 126 p..6 -ORS 163.105(2)(b)(4)(1985), Ex 105 p.15'7] due proc… |
| 18-6605 | Joseph Perrone v. United States | Seventh Circuit | 2018-11-07 | Denied | Response WaivedIFP | adversarial-proceeding appellate-review burrage-precedent causation causation-standard due-process government-assertions judicial-procedure record standard standard-of-proof united-states-v-burrage | Did the lower courts refuse to follow the decision and 134 S.Ct. 881, 187 L.Ed.2d 715 (2014), and thereby violate fundamental principles of due proces… |
| 18-6555 | Lester Barnett v. City of Gastonia, North Carolina | Fourth Circuit | 2018-11-02 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment appeal constitutional-violation due-process judicial-proceedings record record-preservation | the Judinal proceedi Ng in violation of Due Process of 14 ThAmendment ot the United StAtes IAW of the5Th 6 Th And CoNstitutioN. WAs it uNcoNstitutioN… |
| 18-5268 | Jeremiah T. Sailor v. United States | Eleventh Circuit | 2018-07-18 | Denied | IFP | 28-usc-2255 acca burden-of-proof collateral-review johnson johnson-v-united-states record residual-clause sentencing | 1.) Whether a court may grant a 28 U.S.C. § 2255 petition collaterally challenging a sentence under Johnson when the sentencing judge never specified … |