threshold-determination

4 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
22-5904 Matthew S. Becker v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-10-25 Denied Response WaivedIFP appellate-procedure certificate-of-appealability circuit-split habeas-corpus judicial-review standard-of-review standards threshold-determination WHETHER THE COURT SHOULD CLARIFY AND RESOLVE THE CIRCUIT SPLIT ON THE STANDARDS TO BE UTILIZED WHEN DECIDING THE THRESHOLD DETERMINATION ON WHETHER TO…
20-6293 Raymond Alan Griffin v. United States Fourth Circuit 2020-11-12 Denied Response WaivedIFP criminal-procedure district-court due-process evidentiary-hearing federal-law findings-of-fact motion-to-suppress threshold-determination MAY A DISTRICT COURT MAKE FINDINGS OF FACT RESOLVING CONTESTED ISSUES IN DETERMINING THAT THE THRESHOLD FOR HOLDING AN EVIDENTIARY HEARING ON A DEFEND…
18-9143 Justin D. Fuller v. United States Sixth Circuit 2019-05-06 Denied Response WaivedIFP affidavit-discrepancies burden-of-production criminal-procedure-franks-hearing,evidence,thresho defendant-rights due-process evidentiary-threshold franks-hearing government-evidence judicial-error pre-franks-procedure threshold-determination 1. When in a "Pre-Franks'" procedure does a Court "error by considering evidence submitted by the government to make the threshold determination of a …
18-5216 Johnny Allen Martin v. Gregory McLaughlin, Warden Eleventh Circuit 2018-07-12 Denied Response WaivedIFP case-law constitutional-violation counsel-right criminal-appeal direct-appeal due-process effective-assistance-of-counsel equal-protection ineffective-assistance statutory-provisions threshold-determination DOES THE PETITIONER HAVE A NONWAIVABLE CONSTITUTIONAL RIGHT TO DUE PROCESS OF THE LAW? DIRECT APPEAL FROM HIS OR HER CONVICTION, AND ON THE MERIT OF H…