| 24-5215 |
Patrick Wayne Baker v. Texas |
Texas |
2024-08-02 |
Denied |
IFP |
constitutional-law due-process executive-power judicial-branch judicial-power legislative-authority separation-of-powers statutory-interpretation texas-government unconstitutional |
WHETHER TEX. GOV'T CODE 508.283(b)(c) VIOLATES DUE PROCESS
AND SHOULD BE DECLARED UNCONSTITUTIONAL?
WHETHER THE TEXAS LEGISLATIVE BRANCH IS AUTHORIZE… |
| 24-5034 |
Ralph Loren Barenz, II v. Alaska |
Alaska |
2024-07-10 |
Denied |
Response WaivedRelisted (2)IFP |
bill-of-attainder constitutional-challenge due-process irrebuttable-presumption irrebuttable-presumptions judicial-review legislative-sentencing sentencing sexual-offender sexual-offenders unconstitutional |
Has the Alaskan Legislature created an Unconstitutional Bill of ,
Attainder when it raised the presumptive sentencing ranges for
sexual offenders fo… |
| 23-1177 |
Eric Fisher v. Virginia |
Virginia |
2024-05-01 |
Denied |
Response Waived |
civil-rights constitutional-challenge due-process expungement non-conviction procedural-review statutory-interpretation unconstitutional virginia-law |
Whether two non-convictions are expungable as 'otherwise dismissed' per Virginia's relevant operative statute or its certain statutory provision appli… |
| 23-6627 |
In Re Reginald Bernard Hatton |
|
2024-01-31 |
Denied |
IFP |
14th-amendment 8th-amendment constitutional-rights criminal-procedure due-process eighth-amendment fourteenth-amendment sentencing time-served unconstitutional |
QUESTION No. 1.
WHETHER THE PETITIONER HAS BEEN DEPRIVED OF HIS CONSTITUTIONAL
RIGHTS UNDER THE 8TH AND 14TH AMENDMENT TO THE UNITED STATES
CONSTITU… |
| 23-6470 |
Richard L. Gathercole v. United States, et al. |
Fourth Circuit |
2024-01-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-challenge criminal-conviction due-process federal-jurisdiction habeas-corpus ineffective-motion jurisdiction section-2255 sentencing unconstitutional |
(1) US 38 U.S.C. Section 2255 Whether petitioner has subjected to any substantial or procedural defects that ended his life, thereby violating section… |
| 23-6097 |
Montrez Duncan v. United States |
Sixth Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
appellate-review constitutional-vindictiveness conviction criminal-sentencing double-jeopardy due-process judicial-discretion resentencing sentencing unconstitutional |
Is a court constitutionally vindictive in violation of due process when, after it vacates the conviction and mandatory-consecutive sentence on a count… |
| 23-5992 |
In Re John Bailey |
|
2023-11-13 |
Denied |
Relisted (3)IFP |
constitutional-rights due-process equal-protection habitual-offender judicial-discretion jury-selection legal-interpretation sentencing state-law trial-procedure unconstitutional |
Question not identified. |
| 23-5758 |
Jimmy Jay Strayhorn, Jr. v. United States |
Fourth Circuit |
2023-10-11 |
Denied |
Response WaivedIFP |
3553(a)-factors constitutional-review criminal-procedure due-process jury-trial pepper-v-united-states resentencing sentencing sentencing-modification statutory-interpretation unconstitutional |
WHETHER OR NOT/WHEN ONE HAS EXCERSIZED HIS RIGHT TO TRIAL AND
RF. FOUND GUILTY OF A COUNT IN HIS INDICTMENT THAT WOULD LATER
RF. FOUND UNCONSTITUTIONA… |
| 22-5720 |
Mark Julian Edmonds v. United States |
Fifth Circuit |
2022-10-03 |
Denied |
Response WaivedIFP |
acca armed-career-criminal-act constitutional-interpretation criminal-procedure habeas-corpus jurisdictional-challenge procedural-standard residual-clause sentencing sentencing-enhancement unconstitutional |
Was Mr. Edmonds required to prove, in district court, that it is "more likely than not" that the sentencing judge "actually relied on" the ACCA's unco… |
| 21-8198 |
Ruben Cabrera Saucedo v. United States |
Fifth Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
criminal-procedure davis-precedent district-court-discretion double-jeopardy motion-to-vacate sentence-modification sentencing unconstitutional unconstitutional-conviction united-states-v-davis |
Whether, after a motion to vacate sentence is granted on a
conviction that is unconstitutional under United States v. Davis, 139 S.
Ct. 2319 (2019), a… |
| 21-7635 |
William F. Kaetz v. United States |
Third Circuit |
2022-04-18 |
Denied |
Response WaivedIFP |
administrative-orders content-and-viewpoint-discrimination court-jurisdiction covid-19 covid-19-continuance due-process fraud-on-the-court judicial-authority public-debate unconstitutional viewpoint-discrimination |
Are the administrative internal court operation orders in response to the covid-19 pandemic an act that lacks authority, jurisdiction, due process, a … |
| 21-7424 |
Ismael Ruiz v. Wyoming |
Wyoming |
2022-03-22 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights due-process federalism state-sovereignty supremacy-clause unconstitutional |
Can a State within the United States choose which federal laws and Constitutional provisions it wants to honor and which ones it does not want to comp… |
| 21-6216 |
Robert J. Kulick v. Leisure Village Association, Inc., et al. |
Ninth Circuit |
2021-11-08 |
Denied |
IFP |
civil-rights constitutional-rights davis-stirling-act due-process freedom-of-speech freedom-of-the-press homeowners-association quasi-government unconstitutional |
1. Petitioner was denied due process in Kulick's petition for panel rehearing (Docket Entry No. 10) and motion for additional arguments (Docket Entry … |
| 20-7786 |
Obidiah McCaskill v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2021-04-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation due-process fair-hearing fifth-amendment florida-statutes liberty sixth-amendment supervised-release unconstitutional |
Petitioner, Obidiah McCaskill, Jr. request review of Florida Statutes and case law that have deprived Petitioner of his liberty and been deprived of a… |
| 20-7613 |
Carl Womack v. Merrimon Oxley |
North Carolina |
2021-03-31 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights due-process gatekeeper-order judicial-conflict record-falsification standing supreme-court unconstitutional |
Is Merrimon Oxley tied to a major international cult?
Is the gatekeeper order a matter of significance to the united states
Did Judge Pope have a co… |
| 20-1320 |
Wael Lasheen v. Supreme Court of Ohio |
Ohio |
2021-03-23 |
Denied |
|
administrative-judge administrative-jurisdiction disqualification due-process judicial-disqualification judicial-procedure jurisdiction ohio-revised-code opportunity-to-be-heard state-court-review unconstitutional |
1-Can a case proceed if the petitioner argues that the administrative judge, appointing judges to the petitioner's case, lacked jurisdiction to do so … |
| 20-7451 |
David K. Jenner v. Colorado Department of Corrections, et al. |
Colorado |
2021-03-15 |
Denied |
Response WaivedIFP |
colorado-revised-statute colorado-statute constitutional-challenge criminal-procedure due-process fourteenth-amendment johnson-v-us unconstitutional |
In light of this Court's decision in Johnson v. U.S., 135 S.Ct. 2551 (2015), is Colorado Revised Statute § 17-22.5403(2)-(3.5) unconstitutional in tha… |
| 20-7347 |
Warren Tarver v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2021-03-05 |
Denied |
Response WaivedIFP |
capital-felony constitutional-standards death-penalty due-process federalism state-law state-laws unconstitutional |
WHETHER IT IS A VIOLATION OF DUE PROCESS OF LAW TO DETAIN A PERSON UNDER THE AUTHORITY OF A STATUTE THAT CLASSIFIES THE OFFENSE A CAPITAL FELONY WHERE… |
| 20-6635 |
Daion J. Williams v. Michele Wilhelm, Warden, et al. |
Nebraska |
2020-12-15 |
Denied |
Response WaivedIFP |
collateral-attack constitutional-rights due-process habeas-corpus judicial-error jurisdiction statutory-interpretation unconstitutional writ-of-review |
1. DID THE DISTRICT COURT JUDGE ANDREW R. JACOBSEN ERROR, In denying the Petitioner's
Petition For Writ Of Habeas Corpus pursuant to Neb. Rev. Stat. §… |
| 20-6428 |
Ronald Herron v. United States |
Second Circuit |
2020-11-24 |
Denied |
IFP |
18-usc-924c advance-knowledge aiding-and-abetting criminal-conviction due-process firearm-conduct firearm-related-conduct jury-instruction residual-clause section-924c unconstitutional |
Did the second circuit err by affirming petitioner's 18 U.S.C. § 924(c) convictions – either under § 924(c)(3)(b), which has been declared unconstitut… |
| 20-6337 |
Tramaine Standberry v. United States |
Fourth Circuit |
2020-11-16 |
Denied |
Response WaivedIFP |
acquitted-conduct crime-of-violence criminal-law district-court-discretion due-process guidelines-interpretation jury-trial sentencing sentencing-enhancement unconstitutional upward-variance |
1. Did the jury convict Mr. Standberry for a crime of violence that this Court has held is unconstitutional?
2. Was the district court's upward varia… |
| 20-605 |
Kiernan Wholean, et al. v. CSEA SEIU Local 2001, et al. |
Second Circuit |
2020-11-05 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
42-usc-1983 civil-rights color-of-law constitutional-rights damages-liability good-faith-defense qualified-immunity unconstitutional |
Is there a "good faith defense" to 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional rig… |
| 19-8665 |
Anthony Jackson v. Supreme Court of Illinois |
Illinois |
2020-06-10 |
Denied |
Response WaivedIFP |
case-continuance constitutional-procedure criminal-procedure due-process ends-of-justice judicial-supervisory-authority speedy-trial speedy-trial-rights supervisory-authority trial-tolling unconstitutional void-ab-initio |
1. Whether a court's supervisory authority empowers the court to toll the speedy trial terms in cases not before the court?
a. Whether such supervisor… |
| 19-1018 |
Dana Gallop v. Adult Correctional Institutions, et al. |
Rhode Island |
2020-02-14 |
Denied |
Response Waived |
42-usc-1983 civil-death-statute civil-rights constitutional-law political-disenfranchisement prisoner-rights racial-discrimination supremacy-clause unconstitutional |
Does Rhode Island's Civil Death Statute, G.L. 1956 § 13-6-1, violate the Supremacy Clause of the United States Constitution, where it is derived from … |
| 19-6910 |
Alfred T. Moliere v. Texas |
Texas |
2019-12-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apprendi apprendi-rule apprendi-v-new-jersey article-42.013 constitutional-rights criminal-penalties criminal-penalty family-violence firearm-possession jury-determination jury-trial right-to-bear-arms unconstitutional |
Generally, Apprendi v. New Jersey requires that any fact serving to increase a criminal penalty be found by a jury. Article 42.013, Texas Code of Crim… |
| 19-6109 |
James Abraham Mata v. United States |
Fifth Circuit |
2019-10-01 |
Denied |
Response WaivedIFP |
28-usc-2255 district-court-judgment federal-prisoner federal-statutory-provisions habeas-corpus record-silence retroactive-decision second-or-successive-motion statutory-provision successive-motion unconstitutional unconstitutional-provision unconstitutional-statute |
When seeking relief under a retroactive decision invalidating a federal statutory provision as unconstitutional, what must a federal prisoner show in … |
| 19-5771 |
Eric Allen Haensgen v. United States |
Ninth Circuit |
2019-08-30 |
Denied |
Response WaivedIFP |
18-usc-2252a age-of-consent child-pornography constitutional-law criminal-law criminal-statute due-process first-amendment free-speech statutory-interpretation unconstitutional |
Whether amendments to the child pornography law set forth in 18 U.S.C. § 2252A(a)(2)(A) have rendered the current version of the statute unconstitutio… |
| 19-5770 |
Danny Lee Banks v. United States |
Sixth Circuit |
2019-08-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment fourteenth-amendment johnson-precedent residual-clause sentencing sixth-amendment unconstitutional unconstitutional-sentencing |
1) DID THE APPEALS COURT AND DISTRICT COURT VIOLATE BANKAS
FIFTH, SIXTH AND FOURTEENTH AMENDMENT RIGHTS BY UPHOLDING
A SENTENCE THAT WAS BASED ON TH… |
| 19-5413 |
John Thomas Rooney v. Georgia |
Georgia |
2019-08-01 |
Denied |
Relisted (2)IFP |
appeal civil-rights constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus jurisdiction plea-bargaining sentencing sentencing-enhancement statutory-jurisdiction unconstitutional unconstitutional-conviction |
Can convictions and sentences imposed by a State Trial Court without Constitutional or Statutory subject-matter jurisdiction or due to an Unconstituti… |
| 18-9682 |
Andre Forbes v. United States |
Seventh Circuit |
2019-06-14 |
Denied |
Response WaivedIFP |
appeals appeals-court civil-procedure constitutional-rights due-process fifth-amendment judicial-review motion-denial standing unconstitutional |
1) Whether "rubber stamping" defendant's motion with a order of
"Denied" by an Court of Appeals are unconstitutional when
Appeals Courts have not re… |
| 18-9415 |
Michael Don Neely v. United States |
Tenth Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
2255-motion armed-career-criminal-act circuit-split constitutional-interpretation illegal-sentence johnson-v-united-states judicial-review residual-clause sentencing sentencing-enhancement unconstitutional |
Michael Neely is serving an illegal sentence after Johnson v. United States. However, the Tenth Circuit Court of Appeals held that he is not entitled … |
| 18-9389 |
Antonia Shields v. Juda Klein |
Second Circuit |
2019-05-23 |
Denied |
Relisted (2)IFP |
civil-action civil-rights constitutional-review court-fees due-process fees-and-costs fifth-amendment in-forma-pauperis judicial-access standing unconstitutional |
Is 28 U.S.C. § 1915 unconstitutional, discriminatory, based on a person's ability to pay fees and costs and/or to give security for fees and costs for… |
| 18-8835 |
Sabrina D. Davis v. Kia Motors America, Inc. |
Fourth Circuit |
2019-04-15 |
Denied |
Relisted (2)IFP |
constitutional-interpretation discriminatory-ruling discriminatory-rulings due-process federal-law fraud-on-court fraud-on-the-court judicial-discretion judiciary-act judiciary-act-of-1925 poverty standing statutory-construction unconstitutional |
ARE THE LOWER COURT ABUSING THE JUDICIARY ACT OF 1925 TO IGNORE FRAUD ON THE COURT?
ARE THE LOWER COURTS USING THE JUDICIARY ACT OF 1925 AS AN ALTERN… |
| 18-8760 |
James Bernard Jones, Jr. v. United States |
Eleventh Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
acca career-offender career-offender-enhancement constitutional-challenge criminal-procedure due-process florida-battery-on-law-enforcement habeas-corpus johnson-v-united-states non-violent-felony sentencing-enhancement sessions-v-dimaya unconstitutional violent-felony |
(1) Is a sentence as a career offender (com) unvalied se valid when a fone violent ors conviction, (Kloada attery on Law en Mv Licey), LO au by wily o… |
| 18-8042 |
Aaron Maurice Blaylock, aka Stephan Blaylock v. United States |
Eighth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
18-U.S.C-924(c)(3)(B) 18-usc-924(c)(3)(B) 18-usc-924c 28-usc-2255 certificate-of-appealability constitutional-challenge due-process habeas-corpus johnson-v-united-states motion-to-vacate residual-clause unconstitutional |
Should a certificate of appealability have issued after the district court denied as untimely a 28 U.S.C. § 2255 motion to vacate that sought to chall… |
| 18-7997 |
Samuel Gregg Allen v. United States |
Fifth Circuit |
2019-02-15 |
Denied |
Response WaivedIFP |
appeal civil-rights constitutional-provision criminal-procedure due-process fifth-circuit plea-agreement unconstitutional waiver waiver-of-appeal |
Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Allen's Plea Agreement. |
| 18-7680 |
Hector Cirino v. United States |
Ninth Circuit |
2019-01-31 |
Denied |
IFP |
18-usc-924c3b armed-bank-robbery categorical-approach circuit-split crime-of-violence criminal-law due-process elements-clause johnson-retroactivity johnson-v-united-states residual-clause retroactivity sentencing statutory-interpretation unconstitutional |
1. Did Johnson v. United States, 135 S. Ct. 2551 (2015), retroactively void as unconstitutional the residual clause of 18 U.S.C. § 924(c)(3)(B)?
2. C… |
| 18-7660 |
LaBarrion Harris v. James Deal, Warden |
Eleventh Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-challenge constitutional-law custody-violation due-process federal-courts federal-procedure habeas-corpus state-courts statute-of-limitations time-limitation unconstitutional void-judgment |
The Official Code Of Georgia Annotated, O.C.G.AS/-H Enactment of Code, a felory - If these were"Enacted" in violatin of the Georgia Constitotion 201, … |
| 18-7158 |
Tony Knox v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2018-12-20 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-interpretation constitutional-law due-process federal-question federal-questions judicial-review legal-standard novel-claim procedural-default statutory-vagueness unconstitutional vague-statute |
I. Did The State Court Decide Important Federal Questions In A Way That Conflicts With Relevant Decisions Of This Court, Such As: (1) A Vague Statute … |
| 18-6947 |
Lisa J. Gillard v. Illinois |
Illinois |
2018-12-06 |
Denied |
Relisted (2)IFP |
battery battery-conviction constitutional-violation conviction due-process final-judgment illinois-supreme-court judicial-review unconstitutional |
1. Whether the Illinois Supreme Court acted unconstitutional by depriving petitioner due process on a final judgment of a conviction of a battery? |
| 18-6445 |
Tracy Lebron Vick v. Tennessee |
Tennessee |
2018-10-25 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure due-process habeas-corpus judicial-review plea-bargaining public-interest sentencing sentencing-procedure unconstitutional |
I. WHETHER THE PROVISIONS OF RULE 36.1 OF THE TENNESSEE RULES OF CRIMINAL PROCEDURE, TENNESSEE CODE ANNOTATED § 29-21-101, AND TENNESSEE LAW ARE UNCON… |
| 18-6204 |
Jermaine Franklin v. United States |
Fifth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
appellate-review constitutional-challenge constitutional-law criminal-procedure due-process federal-jurisdiction fifth-circuit plea-agreement plea-bargaining unconstitutional waiver-of-appeal |
Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Franklin's Plea Agreement. |
| 18-5594 |
Cory Devon Washington v. United States |
Tenth Circuit |
2018-08-15 |
Denied |
IFP |
armed-career-criminal-act circuit-split due-process habeas-corpus illegal-sentence judicial-review residual-clause sentencing sentencing-enhancement unconstitutional |
Cory Washington is serving an illegal sentence. However, the Tenth Circuit Court of Appeals held that he is not entitled to relief. The question is wh… |