subjective-intent
26 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-651 | Stanley Kappell Watson v. Shenekka Bradsher, et al. | Eleventh Circuit | 2025-12-04 | Pending | Response Requested | bankruptcy-code debt-discharge intentional-tort legal-injury subjective-intent willful-injury | The Bankruptcy Code excepts from discharge any debt "for willful and malicious injury by the debtor to another entity or to the property of another … |
| 25-295 | WG/Welch Mechanical Contractors, LLC v. International Association of Sheet Metal, Air, Rail & Transportation Workers, Local Union 100 - Sheet Metal Division, et al. | Fourth Circuit | 2025-09-15 | Denied | Response Waived | civil-procedure defamation first-amendment malicious-speech pleading-standard subjective-intent | Whether the plaintiff of a malicious defamation claim must plead facts that directly reveal a defendant's subjective state of mind, or whether the ple… |
| 25-5345 | Arturo Navarro-Zuniga v. United States | Ninth Circuit | 2025-08-13 | Denied | Response WaivedIFP | confession-admissibility criminal-procedure law-review miranda-warning objective-effectiveness subjective-intent | In Missouri v. Seibert, 542 U.S. 600 (2004), the Court issued a fractured decision regarding "midstream Miranda warnings," i.e., when police question … |
| 25-5117 | George P. Naum, III v. United States | Fourth Circuit | 2025-07-15 | Denied | Response WaivedIFP | controlled-substances jury-instructions medical-purpose mens-rea plain-error subjective-intent | In Ruan v. United States, 597 U.S. ___ (2022), this Court answered the question on whether a physician alleged to have prescribed controlled substance… |
| 24-1274 | R. Michael Cestaro v. Clarissa M. Rodriguez, Individually and in Her Official Capacity as Chair of the New York State Workers' Compensation Board, et al. | Second Circuit | 2025-06-13 | Denied | Response Waived | first-amendment mt-healthy public-employee retaliation section-1983 subjective-intent | 1. In a claim under 42 U.S.C. § 1983 in which a public employee alleges First Amendment retaliation, does the government successfully Court in Mt. Hea… |
| 24-353 | Elelake James Jefferson, Jr. v. Pennsylvania | Pennsylvania | 2024-09-30 | Denied | consent-doctrine fourth-amendment schneckloth-standard subjective-intent totality-of-circumstances warrantless-search | When an individual believes he is not consenting to a warrantless search and waiving his rights under the Fourth Amendment, and does not intend to con… | |
| 23-7668 | Roylee Richardson v. United States | Eighth Circuit | 2024-06-07 | Denied | IFP | arthur-andersen-llp-v-united-states criminal-law federal-criminal-procedure federal-statute foreseeability official-proceeding statutory-interpretation subjective-intent witness-tampering | This Court has held that the federal witness tampering statute, 18 U.S.C. § 1512, requires proof that the defendant "contemplate [d] a[] particular of… |
| 23-7480 | Sanjay Kumar v. United States | Fourth Circuit | 2024-05-14 | Denied | Response WaivedIFP | cheek-v-united-states criminal-defense criminal-procedure due-process good-faith-belief jury-instructions subjective-intent tax tax-crime willfulness | WHETHER JURY INSTRUCTIONS BY THE DISTRICT COURT, ON ONE OF THE ESSENTIAL ELEMENTS OF THE TAX CONVICTION, I.E., WILLFULNESS, BE IMPROPER, IF THEY DISRE… |
| 23-7473 | Cody Ray Leveke, aka Cody Meyer, aka Cody Ray Meyers v. United States | Eighth Circuit | 2024-05-14 | Denied | Response WaivedIFP | criminal-intent criminal-law due-process first-amendment free-speech jury-instructions subjective-intent supreme-court supreme-court-precedent threat-standard | Whether jury instructions based on Elonis v. United States (2015) sufficiently encompass the requirement of "subjective intent to threaten," as articu… |
| 22-1211 | Uvaldo Guzman v. Skinner C. Sturgis, et al. | Fifth Circuit | 2023-06-14 | Denied | Response Waived | causation causation-element civil-rights constitutional-rights deliberate-indifference due-process government-officials retaliation retaliation-claim subjective-intent taunts | 1. When government officials state their intent to continue to violate an individual's constitutional rights while actually violating them, can those … |
| 22-6653 | Jayson Montgomery v. United States | Sixth Circuit | 2023-01-27 | Denied | IFP | anti-kickback-statute circuit-split controlled-substances-act criminal-law due-process healthcare-fraud intent ruan-v-united-states subjective-intent | To convict a defendant of violating the anti-kickback statute, is the government required to establish that the accused intended to engage in unlawful… |
| 22-685 | Jerry Wayne Wilkerson, et al. v. United States | Sixth Circuit | 2023-01-24 | Denied | anti-kickback-statute commission-payment controlled-substances-act healthcare-fraud objective-intent-standard pharmacy-benefit prescription-marketing sixth-circuit subjective-intent | Must the government establish subjective intent to engage in unlawful conduct in order to convict a defendant of healthcare fraud and violation of the… | |
| 22-5621 | Cody Ray Leveke, aka Cody Meyer, aka Cody Ray Meyers v. United States | Eighth Circuit | 2022-09-20 | Denied | Response WaivedIFP | constitutional-law criminal-communication criminal-law first-amendment free-speech jury-instruction statutory-interpretation subjective-intent true-threat | Whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively k… |
| 22-138 | Billy Raymond Counterman v. Colorado | Colorado | 2022-08-11 | Judgment Issued | Amici (20)Relisted (5) | first-amendment free-speech objective-standard reasonable-person speech-protection subjective-intent true-threats | Whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively k… |
| 22-80 | Frank Napolitano, et al. v. Laurence Washington | Second Circuit | 2022-07-27 | Denied | Response RequestedResponse WaivedRelisted (2) | circuit-split credibility criminal-investigation law-enforcement probable-cause qualified-immunity subjective-intent warrant-application | 1. Whether the Court of Appeals improperly denied qualified immunity by requiring an officer to disclose his subjective intent and state of mind in a … |
| 21-5086 | Frank Craig Purpera, Jr. v. United States | Fourth Circuit | 2021-07-13 | Denied | Response WaivedIFP | criminal-intent criminal-law good-faith jury-instructions lawful-practice medical-malpractice medical-practice professional-ethics professional-standard subjective-intent subjective-standard | Whether a physician alleged to have acted outside the "lawful course of professional practice" is entitled to a good faith instruction defining good f… |
| 20-1745 | Richard Sylvester v. United States | First Circuit | 2021-06-16 | Denied | 4th-amendment burden-of-proof community-caretaking fourth-amendment investigatory-motive law-enforcement-procedure police-policy probable-cause subjective-intent totality-of-circumstances vehicle-impound vehicle-impoundment | 1. In order for a vehicle impound to be consonant with the Fourth Amendment, must a police officer comply with established impound policies and proced… | |
| 20-457 | MarketGraphics Research Group, Inc. v. David Peter Berge | Sixth Circuit | 2020-10-08 | Denied | Amici (1) | bankruptcy bankruptcy-discharge circuit-split debtor-liability discharge intent-standard objective-certainty statutory-interpretation subjective-intent willful-and-malicious-injury willful-injury | The Bankruptcy Code exempts from discharge "any debts * * * for willful and malicious injury by the debtor to another entity or to the property of ano… |
| 19-6761 | Younes Kabbaj v. United States | Third Circuit | 2019-11-26 | Denied | Response WaivedIFP | 18-usc-115 18-usc-875 apprendi-v-new-jersey constitutional-vagueness crime-of-violence elonis-v-united-states first-amendment first-amendment-free-speech sixth-amendment statutory-interpretation subjective-intent true-threat true-threats | It is a federal crime under both 18 U.S.C. §875 and §115 to threaten to injure the person (\.e. physical body) of another, yet not legally settled as… |
| 19-428 | Ryan Courtade v. United States | Fourth Circuit | 2019-10-01 | Denied | 18-usc-2252 18-usc-2256 appellate-review child-pornography child-pornography-statute circuit-split due-process lascivious-exhibition standard-of-review statutory-interpretation subjective-intent | 1. When reviewing a district court's conclusion that an image depicts a "lascivious exhibition" under 18 U.S.C. 2256(2)(A), must the appellate court r… | |
| 18-1549 | Zimmer, Inc., et al. v. Stryker Corporation, et al. | Federal Circuit | 2019-06-18 | Denied | enhanced-damages federal-circuit halo-v-pulse objective-recklessness patent-damages patent-law seagate-test subjective-intent willful-infringement willfulness | 1. Whether enhanced patent damages can be awarded without regard to whether there was an objectively high risk of infringement based on a finding of n… | |
| 18-1059 | Bridget Anne Kelly v. United States | Third Circuit | 2019-02-13 | Judgment Issued | Amici (4)Relisted (3) | decision-making due-process fraud government government-fraud government-property legal-interpretation official-decision policy-reason property public-official public-policy subjective-intent | Does a public official "defraud" the government of its property by advancing a "public policy reason" for an official decision that is not her subject… |
| 18-1001 | Casey Brandon Sibley v. Arizona | Arizona | 2019-02-01 | Denied | Response Waived | constitutional-law criminal-prosecution first-amendment free-speech overbreadth-vagueness strict-scrutiny subjective-intent true-threat | Whether the First Amendment requires proof of a speaker's subjective wrongful intent in order for speech to be deemed a "true threat" subject to crimi… |
| 18-949 | Jamal Knox v. Pennsylvania | Pennsylvania | 2019-01-22 | Denied | Amici (8)Response RequestedResponse WaivedRelisted (2) | criminal-threat first-amendment free-speech reasonable-person speech-protection subjective-intent terroristic-threats true-threat true-threats | Under Watts v. United States, 394 U.S. 705 (1969) (per curiam), the First Amendment does not protect "true threats." Federal courts of appeals and sta… |
| 18-7512 | Ronald Jackson v. Illinois | Illinois | 2019-01-22 | Denied | Response WaivedIFP | civil-rights compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process evidentiary-ruling ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-fair-trial sixth-amendment state-court subjective-intent | as Iweffective and to resolve dis agreements about the Spe cific Legal question D0 Attempt murder oN A Polide officer Carry A mandatory Ferearmerhanc… |
| 18-476 | Cowlitz County, Washington, et al. v. Jule Crowell, et al. | Ninth Circuit | 2018-10-15 | Denied | Response WaivedRelisted (2) | 14th-amendment 42-usc-1983 8th-amendment civil-rights deliberate-indifference due-process fourteenth-amendment medical-care monell monell-doctrine municipal-liability objective-reasonableness section-1983 serious-medical-needs subjective-intent | 1. Whether a pretrial de tainee alleging Fourteenth Amendment claims of deliberate indifference to serious medical needs under 42 U.S. C. § 1983 must … |