waiver
314 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-820 | Comcast Cable Communications, LLC v. WhereverTV, Inc. | Federal Circuit | 2026-01-12 | Pending | Amici (1)Response Waived | appellate-procedure circuit-split jurisdictional-issue party-presentation sua-sponte waiver | Whether a court of appeals may override the principle of party presentation by deciding sua sponte a non jurisdictional issue that a party deliberatel… |
| 25-6497 | Candelario Cruz-Trujillo v. Indiana | Indiana | 2026-01-06 | Pending | Response WaivedIFP | appellate-review ineffective-assistance judicial-proceedings post-conviction-relief prosecutorial-misconduct waiver | I. Whether the Indiana Court of Appeals ' holding that Candelario Cruz-Trujillo waived his post-conviction claim because he failed to make specific c… |
| 25-6316 | Kyle Ray Campbell v. United States | Ninth Circuit | 2025-12-08 | Pending | IFP | appellate-review criminal-procedure ninth-circuit sentence-reasonableness sentencing waiver | Whether the district court erred and imposed a substantively unreasonable sentence of three hundred months? Whether the Ninth Circuit Court of Appeal… |
| 25A591 | Nadarius Barnes v. United States | Tenth Circuit | 2025-11-19 | Application | appellate-rights circuit-split criminal-procedure guilty-plea plea-agreement waiver | Whether, by entering an unconditional guilty plea, a defendant waives his right to appeal the conviction on the basis that the conduct admitted in the… | |
| 25A582 | The Glynn Environmental Coalition, Inc., et al. v. Sea Island Acquisition, LLC | Eleventh Circuit | 2025-11-18 | Application | citizen-suit clean-water-act corps-of-engineers jurisdictional-determination permit-challenge waiver | 1. This case presents an important question regarding whether a waiver accompanying a preliminary jurisdictional determination by the U.S. Army Corps … | |
| 25A566 | Jakalien J. Cook v. United States | Armed Forces | 2025-11-14 | Application | court-martial maximum-punishment military-justice sentencing-calculation uniform-code-military-justice waiver | Question not identified. | |
| 25-5899 | Michael Keith Marechale v. United States | Eighth Circuit | 2025-10-15 | Denied | Response WaivedIFP | appellate-review circuit-split criminal-procedure invited-error jury-instruction waiver | "Courts of Appeals have stated . . . under the 'invited error' doctrine that a party may not complain on appeal of errors that he himself invited or p… |
| 25A334 | Amaplat Mauritius Ltd., et al. v. Zimbabwe Mining Development Corporation, et al. | District of Columbia | 2025-09-23 | Presumed Complete | arbitration enforcement-of-award foreign-sovereign-immunity new-york-convention sovereign-immunity waiver | Question not identified. | |
| 25-343 | CashCall, Inc., et al. v. Consumer Financial Protection Bureau | Ninth Circuit | 2025-09-23 | Pending | circuit-precedent constitutional-rights jury-trial legal-restitution seventh-amendment waiver | This Court has held that equitable restitution can be awarded without a jury but is capped at "a defendant's net profits," Liu v. SEC, 591 U.S. 71, 87… | |
| 25-322 | Dimitry Kuperschmidt v. Jeff Angradi, Chief Probation Officer, et al. | Third Circuit | 2025-09-18 | Denied | appellate-court custody district-court habeas-corpus procedural-default waiver | 1. Was the Pennsylvania appellate court rule on which the District Court relied to find procedural default a "firmly established" and "consistently fo… | |
| 25-5592 | Brijesh Goel v. United States | Second Circuit | 2025-09-09 | Denied | Response WaivedIFP | constitutional-rights direct-appeal knowing-voluntary on-the-record right-to-counsel waiver | Whether the Court of Appeals below violated the Petitioner's constitutional right to counsel on direct appeal by failing to make an on-the-record find… |
| 25-5241 | Clarence Fry v. Timothy Shoop, Warden | Sixth Circuit | 2025-07-30 | Denied | IFP | capital-trial constitutional-right federal-courts mitigation state-courts waiver | I. a. When the undisputed factual record demonstrates the denial of the constitutional right to testify at a capital trial , but the State courts f… |
| 25-5224 | Kelechi Collins Umeh v. United States | First Circuit | 2025-07-29 | Denied | Response WaivedIFP | criminal-conviction defendant-rights jury-trial structural-error trial-court waiver | Is it structural error for a trial court to enter a conviction against a defendant who did not expressly waive his right to a jury trial? |
| 25-5180 | Sherrod Anthony Wright v. Florida | Florida | 2025-07-23 | Denied | Response WaivedIFP | criminal-procedure defendant-rights jury-trial sixth-amendment state-court waiver | Whether the ancient right enshrined in the Sixth Amendment to trial by a twelve-member jury applies to a state court trial for major felonies where th… |
| 24A1168 | Richard W. Gannett v. Board of Bar Overseers | Massachusetts | 2025-05-30 | Presumed Complete | bar-discipline conflict-of-interest disbarment right-to-counsel sixth-amendment waiver | Question not identified. | |
| 24-7257 | Alejandro R. Duarte v. Nebraska | Nebraska | 2025-05-21 | Denied | Response WaivedIFP | appellate-review criminal-procedure ineffective-assistance medical-evidence self-defense waiver | I. In a he-said-she-said case involving allegations of physical assault with self-defense being raised as an affirmative defense, is defense counsel i… |
| 24-1181 | Matthew T. McLeay v. Coke Morgan Stewart, Acting Under Secretary of Commerce for Intellectual Property and Acting Director, United States Patent and Trademark Office | Federal Circuit | 2025-05-19 | Denied | Response Waived | appellate-review argument-revival federal-circuit judicial-discretion legal-precedent waiver | This Court has made clear "in both civil and criminal Greenlaw v. United States, 554 U.S. 237, 243 (2008). Exxon Shipping Co. v. Baker, 554 U.S. 471,… |
| 24-780 | Anthony Blue v. New York | New York | 2025-01-23 | Denied | Response RequestedResponse WaivedRelisted (2) | constitutional-right criminal-trial defendant-understanding right-to-counsel sentencing-range waiver | Whether a valid waiver of the constitutional right to counsel at trial requires that the defendant understood, at the time of the waiver, the "range o… |
| 24-680 | Dennis G. Collins, et al. v. Metropolitan Life Insurance Company | Eighth Circuit | 2024-12-26 | Denied | appellate-procedure civil-procedure district-court rule-9b sua-sponte waiver | Whether a United States Court of Appeals can— sua sponte —affirm a district court's judgment on Rule 9(b) and other grounds that neither the parties n… | |
| 24-6065 | Joshua Austin Ward v. Kentucky | Kentucky | 2024-12-03 | Denied | Response WaivedIFP | constitutional-procedure defendant-rights hybrid-representation pro-se waiver witness-selection | Where a defendant has been permitted to proceed pro se, does his agreement to the assistance of counsel on some issues — generally known as "hybrid re… |
| 24A491 | Stephen C. Stanko v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. | Fourth Circuit | 2024-11-18 | Presumed Complete | conflict-of-interest expert-services habeas-corpus ineffective-assistance trial-counsel waiver | Question not identified. | |
| 24-5924 | Elliot Morales v. New York | New York | 2024-11-06 | Denied | Response WaivedIFP | criminal-procedure due-process right-to-counsel sentencing-exposure trial-court-procedure waiver | Does a criminal trial court violate Iowa v. Tovar in failing to advise a defendant, before he waives his right to trial counsel, of the sentencing exp… |
| 24-5655 | Juan M. Cruzado Laureano v. Popular Democratic Party and Its Governing Board | Puerto Rico | 2024-09-27 | Denied | Relisted (2)IFP | appellate-procedure certiorari criminal-conviction department-of-justice supreme-court-rule waiver | Whoever avails himself of RULE 15 of the US Supreme Court and WAIVES to answer a Certiorari before said forum where a criminal conviction is challenge… |
| 24-244 | In Re Scott Douglas Ora, Individually, and In His Derivative Capacity as Trustee of the Leo Robin Trust, on Behalf of the Leo Robin Trust | 2024-09-05 | Denied | appellate-review conditions-precedent due-process mandamus trial-by-jury waiver | Ever since the Plaintiff discovered on July 6, 2017 that lyricist Leo Robin had been awarded a star by the Hollywood Chamber of Commerce which it subs… | ||
| 24A228 | Elliot Morales v. New York | New York | 2024-09-03 | Presumed Complete | criminal-procedure pro-se-representation right-to-counsel sentencing-exposure sixth-amendment waiver | Whether a criminal trial court violates Iowa v. Tovar, 541 U.S. 77 (2004), in failing to advise a defendant, before he waives his right to trial couns… | |
| 24A211 | Richard Stanton Whitman v. David W. Gray, Warden | Sixth Circuit | 2024-08-27 | Presumed Complete | circuit-split due-process federal-review habeas-corpus procedural-default waiver | Whether a state waives a procedural-default defense when, in its answer to a state habeas petition in district court, it raises the defense to some cl… | |
| 24-5400 | Javontae Quintez White v. United States | Sixth Circuit | 2024-08-27 | Denied | Response WaivedIFP | appellate-procedure circuit-split constitutional-law due-process judicial-review waiver | Is a Constitutional Due Process violation triggered when an appellate court holds that an issue is waived if not specifically raised in the statement … |
| 24-5236 | Francisco German Alvarez v. United States | Ninth Circuit | 2024-08-06 | Denied | Response WaivedIFP | boykin-v-alabama competence-to-stand-trial constitutional-rights due-process guilty-plea united-states-v-ruiz voluntariness waiver | In determining the questioned voluntariness of the guilty plea, did the Ninth Circuit impermissibly create confusion when it misapplied the lower stan… |
| 24-5164 | Joel Miles v. United States | Fifth Circuit | 2024-07-29 | Denied | Response WaivedIFP | appeals appellate-waiver circuit-split criminal-procedure due-process federal-appeal judicial-review miscarriage-of-justice sentencing waiver | Whether appellate waivers in federal criminal cases contain an implied exception for judgments that represent a miscarriage of justice? |
| 24-32 | Donavan J. White Owl, aka DJ v. United States | Eighth Circuit | 2024-07-12 | Denied | Response Waived | constitutional-law criminal-procedure double-jeopardy eighth-circuit implied-consent manifest-necessity mistrial waiver | The double jeopardy clause prevents the retrial of a criminal case after mistrial unless the defendant consents or if the mistrial was for manifest ne… |
| 24-27 | Next Generation Technology, Inc., et al. v. Ur M. Jaddou, Director, United States Citizenship and Immigration Services, et al. | Second Circuit | 2024-07-11 | Denied | Response Waived | civil-procedure de-novo-review district-court federal-magistrates-act federal-procedure judicial-review magistrate-judge subject-matter-jurisdiction waiver waiver-of-objections | 1. Can arguments in support of a court's subject-matter jurisdiction be waived? 2. The Federal Magistrates Act provides that a "judge of the [distric… |
| 24-5028 | Rafael Cardona, Sr. v. United States | First Circuit | 2024-07-09 | Denied | Response WaivedIFP | appellate-review criminal-procedure federal-rules-of-criminal-procedure forfeiture good-cause motion-timeliness multiplicity plain-error-review rule-12 waiver | Before 2014, Rule 12 of the Federal Rules of Criminal Procedure required certain enumerated types of motions to be filed before trial, and stated that… |
| 23-7833 | Walter Payton v. Kansas | Tenth Circuit | 2024-06-28 | Denied | IFP | constitutional-rights due-process fifth-amendment habeas-corpus statutory-law waiver | 1. Miscarriage of Justice occured when Kansas Supreme Court refused to follow their on Statutory Law as well as The Unted States Constitutional? 2. … |
| 23-7738 | Terrill Goods v. United States | Sixth Circuit | 2024-06-17 | Denied | Response WaivedIFP | criminal-procedure defendant-rights due-process federal-rules federal-rules-of-criminal-procedure in-absentia presence sentencing waiver | 1. Whether a defendant who does not clearly and expressly waive his presence at his sentencing hearing may be sentenced in absentia under Fed. R. Crim… |
| 23-7709 | Percy Leroy Jacobs v. United States | Fourth Circuit | 2024-06-13 | Denied | Response WaivedIFP | bradshaw-v-stumpf criminal-penalties due-process right-to-counsel sixth-amendment speedy-trial speedy-trial-act trial-counsel von-moltke-v-gillies waiver | I. Whether, for a waiver of the Sixth Amendment right to trial counsel to be effective, a defendant must understand the elements of the charged offens… |
| 23-7694 | Juan Antonio Hernandez Alvarado, aka Tony Hernandez v. United States, et al. | Second Circuit | 2024-06-12 | Denied | Response WaivedIFP | attorney-client-privilege attorney-communication due-process impartial-jury jury-impartiality law-enforcement-interaction no-contact-rule right-to-counsel waiver | 1. Whether, as a matter of federal law, New York's "no-contact" rule, which prohibits an attorney in a case from communicating with a party he or she … |
| 23-1291 | Gazul Producciones SL Unipersonal v. Sheddf2-FL5 LLC | Florida | 2024-06-11 | Denied | corporate-disclosure covid-19 foreclosure general-appearance non-litigation-counsel pandemic-procedure service-of-process waiver zoom-hearing | Whether a Spanish entity waived service of process when its non-litigation counsel was ordered by the trial judge to appear at a Zoom foreclosure hear… | |
| 23-7663 | Sandra Denise Curl, aka Sandra Curl Jacobs, aka Sandra Curl-Jacobs El, aka Minister Sandra El v. United States | Fourth Circuit | 2024-06-07 | Denied | Response WaivedIFP | criminal-procedure due-process mental-health right-to-counsel sixth-amendment von-moltke-v-gillies waiver waiver-of-counsel | I. Whether, for a waiver of the Sixth Amendment right to trial counsel to be effective, a defendant must understand the elements of the charged offens… |
| 23-7581 | Glenn D. Odom, II v. Scott Jordan, Warden | Sixth Circuit | 2024-05-29 | Denied | Response WaivedIFP | conflict-counsel conflict-of-counsel constitutional-rights criminal-procedure criminal-rights due-process jury jury-questioning pro-se-defense waiver witness witness-testimony | Please help uS T The ComfnonweAlhh ©h !Aer\hucKy V\a$ ndophed aa unconshihuhioned pAhtern And pfAthic^ Allowing Cour4 Appealed UvuyerS ho lolurh ©uh… |
| 23-7477 | Joseph Ira Patterson, III v. United States | Fourth Circuit | 2024-05-15 | Denied | Response WaivedIFP | appeal appellate-jurisdiction criminal-appeal criminal-procedure drug-possession due-process plea-agreement plea-bargain sentencing sentencing-enhancement waiver waiver-of-rights | Whether a provision in a plea agreement which bars a defendant from appealing "any sentence of imprisonment" can be knowingly entered into well before… |
| 23-7371 | Laron Darrell Carter v. United States | Ninth Circuit | 2024-05-02 | Denied | IFP | appellate-procedure civil-procedure court-of-appeals district-court jurisdiction jurisdictional-issue mandate mandate-rule procedural-law waiver | Whether the rule requiring a district court to follow the mandate of a court of appeals is "jurisdictional" such that it cannot be waived by a party. |
| 23-1143 | Nelda Kellom, Individually and as Personal Representative of the Estate of Terrance Kellom, Deceased, et al. v. United States | Sixth Circuit | 2024-04-22 | Denied | Response Waived | administrative-exhaustion circuit-split civil-rights claims-processing due-process excessive-force federal-tort-claims-act standing statutory-interpretation waiver | 1. Given the judicial unwillingness in other circuits to permit the United States to stand on technicalities and this Court's guidance in Arbaugh v Y&… |
| 23A941 | Rafael Cardona, Sr. v. United States | First Circuit | 2024-04-19 | Presumed Complete | circuit-split criminal-procedure forfeiture plain-error rule-12b8 waiver | Question not identified. | |
| 23-1065 | Robert A. Eaton v. Montana Silversmiths | Ninth Circuit | 2024-03-29 | Denied | Response Waived | abuse-of-discretion civil-procedure civil-rights constitutional-rights due-process judicial-discretion ninth-circuit pro-se-litigation standing waiver waiver-of-rights | 1. In determining Whether the Ninth Circuit had power to Waive Eaton 's Constitutional rights in their Memorandum regarding connection of personnel … |
| 23-1061 | Hawkeye Gold, LLC v. China National Materials Industry Import and Export Corporation, dba Sinoma | Eighth Circuit | 2024-03-28 | Denied | circuit-split civil-procedure default-judgment federal-rules-of-civil-procedure motion-to-set-aside personal-jurisdiction rule-12b waiver | Whether a party waives the defense of lack of personal jurisdiction if available but omitted from its first court filing in a motion to set aside a de… | |
| 23-7055 | Jacob Lyon v. United States | Fifth Circuit | 2024-03-22 | Denied | Response WaivedIFP | 18-usc-922g constitutional-challenge criminal-procedure second-amendment sentencing sentencing-enhancement statutory-interpretation united-states-v-rahimi waiver | 1. Whether an objection to a sentencing enhancement, urged with a specific argument supporting the non-application of that enhancement, waives all oth… |
| 23-829 | City of Oklahoma City, Oklahoma, et al. v. Deer Creek Water Corporation | Tenth Circuit | 2024-02-01 | Denied | Response Waived | 1926(b) 82-o.s.-1324.35 civil-procedure federal-obligations oklahoma-law private-corporation standing state-sovereignty statutory-interpretation waiver | 1. Whether a private corporation may waive State sovereignty without the permission of the State. 2. Whether Oklahoma has authorized private corporat… |
| 23-766 | Scott Douglas Ora v. Hollywood Chamber of Commerce | California | 2024-01-17 | Denied | Relisted (2) | appellate-review burden-of-proof conditions-precedent due-process judicial-procedure judicial-review right-to-jury-trial standard-of-proof waiver | 1. In this case of perilously profound impression, did the Court of Appeal violate the due process rights of Appellant when it arbitrarily disregarded… |
| 23-6351 | Jerome Terry, Jr. v. United States | Ninth Circuit | 2023-12-26 | Denied | Response WaivedIFP | criminal-procedure district-court due-process jurisdiction jurisdictional-defect ninth-circuit notice sentencing sentencing-departure upward-departure waiver | Whether the Ninth Circuit erred in dismissing the appeal when the district court failed to give notice of its intent to depart upwards 147 months and … |
| 23-6291 | Pietro P. A. Sgromo, aka Peter Anthony Sgromo v. Leonard Gregory Scott, et al. | Ninth Circuit | 2023-12-18 | Denied | Relisted (2)IFP | arbitration arbitration-clause contract criminal-reference federal-arbitration-act interstate-commerce lease-agreement public-policy waiver | 1. Does the residential lease agreement a contract involving interstate commerce such that it falls within the purview of the Federal Arbitration Act … |
| 23-642 | Kevin Scott Karsjens, et al. v. Jodi Harpstead, et al. | Eighth Circuit | 2023-12-14 | Denied | Response Waived | civil-procedure constitutional-law constitutional-rights due-process federal-courts implied-waiver legal-standard professional-judgment waiver | Whether federal courts have a duty to apply the correct legal standard to a due process claim or can the court apply the wrong legal standard based on… |
| 23-6262 | Raymond Clyde Robideau v. Minnesota | Minnesota | 2023-12-14 | Denied | IFP | aggravating-factors constitutional-rights criminal-procedure double-jeopardy judicial-discretion jury-trial jury-trial-waiver remand state-remand waiver | I. Is a court required to obtain a renewed jury-trial waiver when the State amends it's Aggravating Factor[s] after remand from State's Highest Cour… |
| 23-6162 | James Williams v. United States | Third Circuit | 2023-12-05 | Denied | Response WaivedIFP | 6th-amendment court-appointed-counsel criminal-procedure irreconcilable-differences judicial-discretion mckaskle-v-wiggins pro-se pro-se-representation right-to-counsel sixth-amendment waiver | Question 1: In light of this courts decision in McKaskle v. Wiggins. 465 U.S 168, 104 S.Ct. 944; 79 L.Ed 2d 122(1984), as interpreted by the Third Cir… |
| 23-5977 | Sean Overstreet v. United States | Second Circuit | 2023-11-09 | Denied | Response WaivedIFP | constitutional-rights counsel-waiver criminal-defendant-rights criminal-procedure due-process right-to-be-present sentencing supervised-release waiver | May counsel waive a criminal defendant's right to be present during the portion of his sentence in which special conditions of supervised release are … |
| 23-5925 | Isaac Johnson v. United States | Eighth Circuit | 2023-10-31 | Denied | Response WaivedRelisted (2)IFP | 21-u.s.c.-§-851(c)(2) criminal-defendant criminal-procedure plain-error plain-error-review predicate-offense prior-conviction rule-52(b) rule-52b sentencing-enhancement waiver | Does a criminal defendant waive Rule 52(b) plain error review pursuant to 21 U.S.C. § 851(c)(2) by failing to argue before the trial court that a cons… |
| 23-5764 | Kevin Lynn Tucker v. United States | Eighth Circuit | 2023-10-11 | Denied | Response WaivedIFP | criminal-procedure due-process nolle-prosequi nolle-prossed plea-agreement pretrial-detention sentencing sentencing-credit substantive-reasonableness waiver | 1. Whether the District Court's failure to give credit in sentencing for state pretrial detention on subsequently nolle prossed "related" charges crea… |
| 23-5739 | Daniel Ray Metsinger v. United States | Fifth Circuit | 2023-10-10 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit jurisdiction plea-agreement plea-bargaining sentencing waiver | Whether the Fifth Circuit erred by dismissing Mr. Metsinger's appeal based on the waiver of appeal provision in his Plea Agreement. |
| 23-357 | Jacob Hilbert v. Missouri | Missouri | 2023-10-04 | Denied | Response Waived | constitutional-rights criminal-procedure defendant-rights due-process jury-trial jury-trial-waiver split-of-authority trial-court-discretion waiver | Petitioner appeared for trial along with counsel. The trial court stated that defense counsel had represented that defense counsel wanted a bench tria… |
| 23-5660 | Taberon Dave Honie v. Robert Powell, Warden | Tenth Circuit | 2023-09-27 | Denied | Amici (1)Relisted (2)IFP | capital-sentencing constitutional-rights federal-habeas habeas-corpus ineffective-assistance jury-waiver prejudice-standard state-statutory-right waiver | After misadvisin g Petitioner Taberon Honie to waive his right to capital sentencing by a jury, Mr. Honie's counsel later erroneously told him that it… |
| 23-5633 | Demetrius Verardi Ramos v. United States | Ninth Circuit | 2023-09-21 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | civil-procedure de-novo-review due-process factual-error judicial-procedure magistrate-judge objection-standard report-and-recommendation waiver | In United States v. Raddatz , 447 U.S. 667 (1980), this Court made clear that the designation of authority to a magistrate judge to conduct evidentiar… |
| 23-204 | WY Plaza LC v. Safeway Stores 46 Inc. | Tenth Circuit | 2023-09-05 | Denied | affirmance affirmance-standard alternative-bases alternative-grounds appellate-procedure brief-waiver circuit-split civil-procedure judicial-procedure legal-waiver waiver | Whether an appellee is obligated to raise all alternative bases for affirmance in its answer brief, or risk waiver of those alternative bases, in cont… | |
| 23-179 | Alaska, et al. v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO | Alaska | 2023-08-25 | Denied | Amici (8)Response RequestedResponse WaivedRelisted (5) | civil-rights due-process employee-rights first-amendment free-speech paycheck-deduction public-sector-unions state-action union union-speech voluntary-waiver waiver | Whether the First Amendment prohibits a state from taking money from employees' paychecks to subsidize union speech when the state lacks sufficient ev… |
| 23-5435 | Marques Webb v. United States | Fifth Circuit | 2023-08-24 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-default waiver | Whether the Fifth Circuit erred by dismissing Mr. Webb's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 23-5324 | Michael D. Beiter, Jr. v. United States | Eleventh Circuit | 2023-08-10 | Denied | Response WaivedRelisted (2)IFP | 18-usc-3006a court-appointed-counsel criminal-procedure due-process forced-counsel right-to-counsel sixth-amendment statutory-interpretation waiver | This case presents an important issue concerning what constitutes "the right to have the assistance of counsel" under the Sixth Amendment to the U.S. … |
| 23-5320 | Curtis Lavon Magee v. United States | Fifth Circuit | 2023-08-09 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver | Whether the Fifth Circuit erred by dismissing Mr. Magee's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 23-5218 | In Re Jerome Curry | 2023-07-26 | Denied | Relisted (2)IFP | civil-procedure constitutional-rights criminal-procedure due-process indictment material-facts non-response sentencing standing summary-judgment waiver | Was na-F -tee, ChtcC aJ US ltf,H US ?a CK/ljc.R-k,vtc Gr,W*j^ Kr,/^' F, 0 H Doei nof Ike. /d/vU reqtfint AUeA dot 4o Hoe fLetyoniew+Y na>vre£ pcn.se … | |
| 23-5121 | Kyle Ross Rivers v. United States | Fifth Circuit | 2023-07-18 | Denied | Response WaivedIFP | appeal constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining sentence-appeal sentencing waiver waiver-of-rights | 1. Whether a defendant, consistent with the Due Process Clause, can waive the right to appeal his sentence knowingly when his purported waiver occurs … |
| 23-5004 | Gregory L. Randle v. United States | Fifth Circuit | 2023-06-30 | Denied | Response WaivedIFP | appeal-waiver appellate-jurisdiction appellate-review criminal-procedure due-process fifth-circuit plea-agreement plea-bargaining procedural-waiver right-to-appeal waiver | Whether the Fifth Circuit erred by dismissing Mr. Randle's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 22-7840 | Cordelro Desean Shoulders v. United States | Fifth Circuit | 2023-06-22 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver | Whether the Fifth Circuit erred by dismissing Mr. Shoulders' appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 22-7761 | Aaron Keith v. United States | Tenth Circuit | 2023-06-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appellate-review court-of-appeals criminal-procedure federal-courts judicial-procedure motion-to-dismiss speedy-trial statutory-right trial-continuance waiver | Whether the court of appeals erred in holding that petitioner waived any speedy-trial objection to the period of delay after his motion to dismiss for… |
| 22-7599 | Curtis Marcel Barnette v. United States | Fourth Circuit | 2023-05-19 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver | DOES IT VIOLATE DUE PROCESS FOR A DEFENDANT TO BE REQUIRED TO WAIVE HIS RIGHT TO APPEAL IN ORDER TO ENTER INTO AN OTHERWISE FAVORABLE PLEA AGREEMENT W… |
| 22-7587 | John Wayne Spell v. United States | Fifth Circuit | 2023-05-17 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review plea-agreement procedural-error waiver | Whether the Fifth Circuit erred by dismissing Mr. Spell's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 22-7553 | Ivory Joe Tisdale v. United States | Fourth Circuit | 2023-05-15 | Denied | Response WaivedIFP | appellate-rights constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver | DOES IT VIOLATE DUE PROCESS FOR A DEFENDANT TO BE REQUIRED TO WAIVE HIS RIGHT TO APPEAL IN ORDER TO ENTER INTO AN OTHERWISE FAVORABLE PLEA AGREEMENT W… |
| 22-1096 | Ariadna Ramon Baro v. Lake County Federation of Teachers Local 504, IFT-AFT/AFL-CIO, et al. | Seventh Circuit | 2023-05-10 | Denied | Response Waived | collective-bargaining consent employee-rights first-amendment government-employer janus-v-afscme union-membership waiver waiver-doctrine | In Janus v. AFSCME, this Court held that government employers may not withhold money from an employee on behalf of a union unless the employee affirma… |
| 22-1090 | Christopher David Tarpey v. Wyoming | Wyoming | 2023-05-09 | Denied | Response RequestedResponse WaivedRelisted (2) | constitutional-rights criminal-procedure defendant-waiver due-process fundamental-right personal-right public-trial sixth-amendment waiver | Is the Sixth Amendment right to a public trial a fundamental right that is personal to the defendant such that waiver must be on the record by the def… |
| 22-7290 | Michael Kenneth Howard v. United States | Fourth Circuit | 2023-04-14 | Denied | Response WaivedIFP | abuse-of-discretion acceptance-of-responsibility criminal-procedure district-court fourth-circuit right-to-appeal sentencing-guidelines waiver waiver-of-appeal | I. Whether the Fourth Circuit erred by ruling that Mr. Howard waived his right to appeal whether the District Court erred by not applying Acceptance o… |
| 22-7124 | Ricky Lee Scott v. Dexter Payne, Director, Arkansas Division of Correction | Arkansas | 2023-03-28 | Denied | Response WaivedIFP | constitutional-violation due-process first-degree-murder jury-instructions life-imprisonment state-procedural-default trial-error waiver | WHETHER PETITIONER SCOTT'S RIGHT TO DUE PROCESS OF LAW WAS VIOLATED WHEN HE WAS CONVICTED IN A JURY TRIAL OF FIRST-DEGREE MURDER AND SENTENCED TO LIFE… |
| 22-7108 | Andrew Ryan v. United States | Eighth Circuit | 2023-03-27 | Denied | Response WaivedRelisted (2)IFP | 18-usc-4241d appellate-review competency competency-determination due-process incompetent-defendant statutory-rights timing-violations united-states-v-olano waiver | I. Whether under United States v. Olano an incompetent defendant waives appellate review of his statutory and due process right to a timely resolution… |
| 22-7100 | Felipe Nevarez v. United States | Tenth Circuit | 2023-03-24 | Denied | Response WaivedIFP | constitutional-provisions criminal-procedure due-process objection-timing speedy-trial speedy-trial-act statute-of-limitations statutory-interpretation tenth-circuit trial-delay waiver | Does the Speedy Trial Act require the accused to object to lack of speedy trial only after the time has lapsed, or can the accused assert this right p… |
| 22-7054 | Jamar L. Travillion v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. | Third Circuit | 2023-03-21 | Denied | IFP | 28-usc-2254 certificate-of-appealability constitutional-rights due-process federal-review forfeiture habeas-corpus procedural-standard right-to-counsel waiver | I. Could reasonable jurists disagree with the District Court's rejection of Petitioner's claim that the State Courts' determination that he forfeited… |
| 22-901 | Richard E. Gardiner v. Nels Anderson | Utah | 2023-03-17 | Denied | attorney-fees civil-procedure contract court-of-appeals due-process fourteenth-amendment legal-theory utah-supreme-court waiver | Whether the Utah Supreme Court denied Petitioner his Fourteenth Amendment right to due process when it failed to reverse a decision of the Utah Court … | |
| 22-910 | Javitch Block, LLC v. Jerome Redman | Fourth Circuit | 2023-03-17 | Denied | civil-procedure district-court-jurisdiction federal-jurisdiction federal-question-jurisdiction procedural-remand remand removal state-court-litigation waiver | The questions presented are whether waiver by participation in state court litigation is a permissible basis for District Courts to decline to exercis… | |
| 22-6990 | Scott Ray Bishop v. United States | Tenth Circuit | 2023-03-13 | Denied | Response WaivedIFP | circuit-split constitutional-rights criminal-procedure due-process presumption-against-waiver right-to-counsel sixth-amendment waiver | In Von Moltke v. Gillies, this Court laid out a series of advisements that a defendant must understand before a waiver of the Sixth Amendment right to… |
| 22-850 | Jacqueline Graham v. United States | Second Circuit | 2023-03-08 | Denied | Response Waived | effective-assistance-of-counsel party-presentation-rule plea-bargaining sixth-amendment united-states-v-sineneng-smith waiver | 1. Whether a defendant waives her Sixth Amendment claim by not asking the trial court to reinstate a plea offer that expired before her counsel convey… |
| 22-846 | Department of Agriculture Rural Development Rural Housing Service v. Reginald Kirtz | Third Circuit | 2023-03-07 | Judgment Issued | Amici (2)Relisted (3) | civil-liability civil-procedure fair-credit-reporting-act federal-jurisdiction federal-law sovereign-immunity statutory-interpretation waiver | Whether the civil-liability provisions of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., unequivocally and unambiguously waive the sovereign i… |
| 22-840 | K. M., Individually and on Behalf of M. M. and S. M., et al. v. Eric L. Adams, Mayor of the City of New York, et al. | Second Circuit | 2023-03-03 | Denied | Response RequestedResponse WaivedRelisted (2) | administrative-exhaustion administrative-remedies affirmative-defense claim-processing-rule disability-education idea-statute individuals-with-disabilities-education-act judicial-challenge jurisdiction jurisdictional-requirement waiver | 1. The Individuals with Disabilities Education Act ("IDEA") requires, with certain exceptions, the exhaustion of administrative remedies before a judi… |
| 22-827 | Carlos Herrera, Daniel Sanchez, and Anthony Ray Baca v. United States | Tenth Circuit | 2023-03-01 | Denied | commerce-clause constitutional-challenge criminal-procedure federal-rules-of-criminal-procedure jurisdiction jurisdictional-challenge post-trial-motion rule-12 waiver | Whether, under Federal Rule of Criminal Procedure 12, Petitioners were permitted to bring a facial constitutional challenge to their statute of convic… | |
| 22-648 | Igor Lukashin v. United States Court of Appeals for the Ninth Circuit | Ninth Circuit | 2023-01-11 | Denied | due-process equal-protection forfeiture judicial-discretion ninth-circuit padgett-fraud pre-filing-order pro-se pro-se-appeals waiver | 1. Whether the Ninth Circuit has been denying Due Process by applying a purportedly categorical rule, Ramirez- Alejandre u. Ashcroft, 320 F.3d 858, 87… | |
| 22-616 | Turlock Irrigation District, et al. v. Federal Energy Regulatory Commission, et al. | District of Columbia | 2023-01-06 | Denied | Amici (2) | administrative-procedure certification-request clean-water-act federal-environmental-law federal-jurisdiction one-year-rule pro-forma-letters section-401 waiver | Whether a State can avoid "waiv[ing]" its oneyear "period of time" in which "to act" on a "request for certification" under Section 401 of the Clean W… |
| 22-6348 | Douglas James Schneider v. United States | Eighth Circuit | 2022-12-20 | Denied | Response WaivedIFP | appellate-review court-of-appeals criminal-procedure federal-rules-of-criminal-procedure plain-error procedural-violation rule-11 substantial-rights waiver | Whether the court of appeals erred in holding the failure to object to the violation of Rule 11(c)(1) provides dispositive evidence that the violation… |
| 22-541 | Peter Jokich v. Rush University Medical Center | Seventh Circuit | 2022-12-13 | Denied | Response Waived | civil-procedure contract-waiver due-process erie-doctrine federalism protected-activity retaliation summary-judgment waiver | 1. The "demanding standard" of proof the Panel imposed on petitioner to show waiver of a contract condition under Illinois law has no foundation in th… |
| 22-6289 | Kevin Singleton v. United States | Fifth Circuit | 2022-12-13 | Denied | Response WaivedIFP | appeal appeal-waiver constitutional-rights criminal-procedure fifth-circuit judicial-review plea-agreement plea-bargaining procedural-history waiver | Whether the Fifth Circuit erred by dismissing Mr. Singleton's appeal based on the waiver of appeal provisions in his Plea Agreements. |
| 22-6232 | Trevor Jim Bishop v. California | California | 2022-12-06 | Denied | IFP | due-process evidence hearsay other-acts other-acts-evidence procedural-error procedure prosecutorial-misconduct trial-counsel waiver | Whether the majority opinion erred not only as to the substantive admissibility of the other acts evidence, but whether the majority also erred proce… |
| 22-456 | Lynett S. Wilson v. Denis R. McDonough, Secretary of Veterans Affairs, et al. | First Circuit | 2022-11-15 | Denied | appellate-review circuit-split civil-procedure federal-rules federal-rules-of-civil-procedure motion-to-dismiss waiver | Whether a complaint that states a claim may be dismissed on the grounds that a plaintiff waived an argument against dismissal by failing to make the a… | |
| 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… |
| 22-5865 | Charles Smith v. United States | Ninth Circuit | 2022-10-18 | Denied | Response WaivedIFP | appeal appellate-procedure criminal-conviction criminal-procedure jurisdiction jurisdictional-defect ninth-circuit plea-agreement sentencing waiver | Whether the Ninth Circuit erred in dismissing the appeal when Mr. Smith's plea agreement contains a count of conviction and resulting sentence that is… |
| 22-318 | Ronald Tai Young Moon, Jr. v. United States | Eleventh Circuit | 2022-10-05 | Denied | Response Waived | 6th-amendment constitutional-rights criminal-procedure forfeiture public-trial sixth-amendment waiver | What is the standard for finding a waiver (as opposed to mere forfeiture) of the Sixth Amendment right to a "public trial?" This prominently includes … |
| 22-283 | Rachel Mosby v. City of Byron, Georgia | Eleventh Circuit | 2022-09-26 | Denied | Response Waived | charge-filing charge-filing-requirements civil-rights court-doctrine fort-bend procedural-requirement summary-judgment title-vii waiver | (1) Must a trial court apply this Court's holding in Fort Bend when a Title VII plaintiff timely argues that the defendant has waived its objection to… |
| 22-5655 | Robert Frank Miller v. United States | District of Columbia | 2022-09-23 | Denied | Response WaivedIFP | compassionate-release criminal-history equal-protection procedural-fairness rehabilitation sentence-reduction sentencing-objectives standing waiver | failed to meet his burden of demonstrating Extraordinary and Compelling reasons that warrant a sentence reduction? Whether Certiorari should be grant… |
| 22-5613 | Kennrith L. Foster v. Illinois | Illinois | 2022-09-20 | Denied | IFP | constitutional-rights due-process judicial-procedure jury-trial legal-interpretation notice plea-bargaining prisoner-rights state-court waiver | eanciFh Fo / tfial and -b (docg) Did d-c i a I £ourt t/iolafe Vilo-Vional rights +*o 4 j 0f |au3 u)hen if atte^je.d ht'S jW f atvoniTi nri5of\£.on$ e… |
| 22-5620 | Ebrahim Kalatehe v. United States | Ninth Circuit | 2022-09-20 | Denied | Response WaivedIFP | appellate-procedure criminal-procedure due-process evidence-collection fourth-amendment judicial-review pen-register standing third-party-doctrine waiver | 1.May the government use information obtained through a pen register against an individual over whom the government did not obtain a pen register orde… |
| 22-5567 | Lamar Harris v. United States | Eighth Circuit | 2022-09-13 | Denied | Response WaivedIFP | appellate-review criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-discretion plain-error plain-error-review sentencing sentencing-waiver waiver | 1. The question presented is whethe r sentencing issue is waived where the Defendant raises, but drops an issue as part of a sentencing or subject to… |
| 22-212 | Jonathan Savas, et al. v. California Statewide Law Enforcement Association, et al. | Ninth Circuit | 2022-09-08 | Denied | Amici (5)Response RequestedResponse WaivedRelisted (4) | associational-rights compelled-speech constitutional-law first-amendment free-speech janus-v-afscme labor-rights speech-rights union-membership waiver | The Court in Janus v. AFSCME, Council 31 held it violates the First Amendment for a state and union to compel employees to subsidize union speech. 138… |
| 22-213 | Delores Polk, et al. v. Betty Yee, in Her Official Capacity as State Controller of California, et al. | Ninth Circuit | 2022-09-08 | Denied | Response Waived | 42-usc-1983 first-amendment nonmembers state-action union-speech waiver | The Court in Janus v. AFSCME, Council 31 held that it violates the First Amendment for a state and union to seize payments for union speech from nonme… |
| 22-194 | Jehan Zeb Mir v. State Farm Mutual Automobile Insurance Company, et al. | Ninth Circuit | 2022-09-01 | Denied | arbitration civil-procedure de-novo-review discovery estoppel insurance-code notice notice-requirement statute-of-limitations summary-judgment waiver | 1. Did Ninth Circuit Court err in de-novo review of summary judgment in deciding disputed issues of fact as the district court had done, that 5-years … | |
| 22-5446 | Jose Francisco Maldonado-Rosa v. United States | Fifth Circuit | 2022-08-25 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement sentencing waiver waiver-of-rights | Whether the Fifth Circuit erred by ruling that Mr. Maldonado waived the right to appeal his sentence because of the Waiver of Appeal provision in his … |
| 22-5304 | Nuelito Morel-Vargas v. Connecticut | Connecticut | 2022-08-08 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment sixth-amendment waiver waiver-doctrine | 1. Do the Fifth, Sixth, and Fourteenth Amendments require a canvass of the defendant prior to a constitutionally valid waiver of the fundamental, pers… |
| 22-5111 | Robert Doyle Harper v. United States | Fifth Circuit | 2022-07-15 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appeals appellate-waiver circuit-split criminal-law defendant-rights due-process federal-courts federal-criminal-procedure judicial-review miscarriage-of-justice waiver | Whether appellate waivers in federal criminal cases contain an implied exception for judgments that represent a miscarriage of justice? |
| 22-21 | Abdur-Rahim Dib Dubar v. Department of Community Affairs | Eleventh Circuit | 2022-07-06 | Denied | Response Waived | 11th-amendment civil-procedure civil-rights due-process eleventh-amendment federal-jurisdiction immunity-waiver procedural-default standing taking-clause takings waiver | 1. Was Petitioner's Amended Complaint considered in All Courts? 2. Even if considered immune by the Eleventh Amendment in an abstract form, did DCA w… |
| 22-5018 | Michael Allen Long v. United States | Fifth Circuit | 2022-07-01 | Denied | Response WaivedIFP | appeal appeal-waiver appellate-review criminal-procedure fifth-circuit jurisdiction plea-agreement plea-bargaining procedural-error standard-of-review waiver | Whether the Fifth Circuit erred by finding that Mr. Long's appeal should be dismissed based on the waiver of appeal provision in his Plea Agreement. |
| 21-8210 | Ralph William Lee, III v. Maryland | Maryland | 2022-06-23 | Denied | Response WaivedRelisted (2)IFP | civil-rights confidential-documents constitutional-law constitutional-rights criminal-procedure due-process fourth-amendment right-to-counsel unreasonable-seizure waiver warrantless-search | \o^€r Cc^r-V violate f^ixU clM Ap$d\c^A4 o^iisVh^ion^\ rUjh% U| ^ccA'incj +<7 tAiwrc 4KaA He ftnou/.A^Wj cuuk voWA^'A^ uxuued. hi-b C .5K4 4t? C-oan^… |
| 21-8172 | Juan Manuel Contreras-Zamora v. United States | Fifth Circuit | 2022-06-17 | Denied | Response WaivedIFP | criminal-procedure fifth-amendment interrogation interrogation-rights legal-communication miranda-rights re-initiation right-to-counsel self-incrimination suspect-invocation waiver | 1. If, during a criminal interrogation, the suspect states, "Look man, I'm going to tell you just like this; I need my lawyer," must there be some lap… |
| 21-8134 | Jacquere Doran v. United States | Eighth Circuit | 2022-06-14 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure district-court fourth-amendment ineffective-assistance ineffective-assistance-of-counsel legal-procedure waiver | Whether the District Court Erred in Ruling that Petitioner Waived an Ineffective Assistance of Counsel Claim Based on a Fourth Amendment Violation? |
| 21-8036 | Jason Slaughter v. Delaware | Delaware | 2022-06-02 | Denied | Response WaivedIFP | constitutional-rights guilty-plea IAD-rights ineffective-assistance ineffective-assistance-of-counsel procedural-default speedy-trial waiver | Did petitioner's attorney provide ineffective assistance of counsel sufficient to constitute cause for a procedural default by advising petitioner tha… |
| 21-7876 | Matthew Alexander, III v. United States | Tenth Circuit | 2022-05-16 | Denied | IFP | appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure motion-to-suppress plain-error suppression-motion waiver | When a defendant files a motion to suppress, then raises a new argument to support suppression in the court of appeals, is the new argument waived abs… |
| 21-7725 | Jeffrey Ndungi Sila v. United States | Fifth Circuit | 2022-04-27 | Denied | Response WaivedIFP | appointed-counsel criminal-appeal criminal-procedure due-process fifth-circuit judicial-proceedings plain-error plain-error-standard pro-se-motion summary-affirmance waiver | Whether the Fifth Circuit proceedings in petitioner's case "so far departed from the accepted and usual course of judicial proceedings," Sup. Ct. R. 1… |
| 21-1359 | Robert Corliss v. Crossroads Financing, LLC, et al. | California | 2022-04-19 | Denied | Response Waived | arbitration arbitration-waiver california-state-court contract-law contractual-rights court-inconsistency equal-treatment equal-treatment-principle litigation-conduct prejudice prejudice-standard waiver | 1. WHETHER "PREJUDICE" TO THE PARTY OPPOSING ARBITRATION IS EVEN A FACTOR, LET ALONE THE DETERMINATIVE FACTOR, A CALIFORNIA STATE COURT OR ANY STATE O… |
| 21-7648 | Luis Fernando Ceja, aka Chako v. United States | Ninth Circuit | 2022-04-19 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure due-process federal-rules-of-criminal-procedure foreign-citizen foreign-defendant jury-trial jury-trial-waiver oral-colloquy rule-23 waiver | Whether courts may decline to enforce the plain language of Federal Rule of Criminal Procedure 23(a) requiring that a waiver of jury trial be in writi… |
| 21-7640 | Ramel General v. United States | Second Circuit | 2022-04-18 | Denied | Response WaivedIFP | appellate-rights circuit-precedent criminal-procedure due-process judicial-review legal-precedent procedural-challenge standard-of-review united-states-v-gomez-perez waiver waiver-enforcement | Whether the Petitioner demonstrated that the waiver of his appellate rights is unenforceable under United States v. Gomez-Perez, 215 F.3d 315, 319 (2d… |
| 21-7575 | Keith Morris v. United States | Fourth Circuit | 2022-04-08 | Denied | Response WaivedIFP | appellate-waiver criminal-procedure due-process knowing-waiver plea-agreement plea-bargaining right-to-appeal sentencing waiver | Whether a provision in a plea agreement which bars a defendant from appealing "any sentence of imprisonment" can be knowingly entered into well before… |
| 21-1335 | Waleed Khalid Abu Al-Waleed Al Hood Al-Qarqani, et al. v. Saudi Arabian Oil Company | Fifth Circuit | 2022-04-07 | Denied | Response Waived | arbitral-award arbitration cross-appeal foreign-sovereign-immunity jurisdictional-immunity new-york-convention sovereign-waiver united-nations-convention waiver | 1. Whether a foreign sovereign or instrumentality of a state that is a signatory member of the New York Convention on the Recognition and Enforcement … |
| 21-1325 | Estate of Samuel I. Roig, By and Through Its Personal Representative Gail Olivera, et al. v. United Parcel Service, Inc., et al. | Eleventh Circuit | 2022-04-05 | Denied | Response Waived | appellate-jurisdiction circuit-court-review civil-procedure consent-judgment diversity-jurisdiction federal-jurisdiction standing subject-matter-jurisdiction waiver | Whether a Panel of the Circuit Court erred when it dismissed an appeal holding that there is no appellate jurisdiction to consider on the merits wheth… |
| 21-7548 | Sergey Genadievich Novitskiy v. Colorado | Colorado | 2022-04-05 | Denied | IFP | bench-trial burden-of-proof constitutional-rights criminal-procedure due-process jury-trial standard-of-proof waiver | 1. Whether Petitioner's choice to proceed to a bench trial, instead of a jury trial, in a criminal case, lowers/lessens the prosecution burden of proo… |
| 21-7507 | Valedia Gross v. First NLC Financial Services, LLC, et al. | Maryland | 2022-03-31 | Denied | IFP | appeal appeal-waiver case-reopening civil-procedure court-intervention default-judgment legal-procedure motion-to-vacate standing timeliness waiver | Did the Court of Special Appeals (COSPA) err, as a matter of law, in holding that Ms. Gross waived her right to appeal the circuit court's order vacat… |
| 21-7486 | Eric Jamar Goodall v. United States | Ninth Circuit | 2022-03-29 | Denied | Response WaivedIFP | criminal-appeal illegal-sentence jurisdictional-defect ninth-circuit plea-agreement sentencing-error waiver waiver-doctrine | 1. Did the Ninth Circuit err in dismissing the appeal when Mr. Goodall's plea agreement contains a count of conviction and resulting sentence that is … |
| 21-1275 | Abetubokun Adesioye v. United States | Fourth Circuit | 2022-03-22 | Denied | Response Waived | appeal appeal-waiver court-of-appeals criminal-appeal criminal-procedure due-process plea-bargaining right-to-appeal rule-11-colloquy sentencing sentencing-guidelines waiver | Did the Court of Appeals err in finding that the petitioner knowingly and intelligently waived his right of appeal without having considered the exist… |
| 21-1270 | MOAC Mall Holdings LLC v. Transform Holdco LLC, et al. | Second Circuit | 2022-03-21 | Judgment Issued | Amici (2)Relisted (2) | and even when a remedy could be fashioned that do such that it is not subject to waiver appellate-jurisdiction bankruptcy-code bankruptcy-code-section-363(m) circuit-split jurisdictional-limitation lease-assignment remedy sale-order statutory-interpretation waiver | Whether Bankruptcy Code Section 363(m) limits the appellate courts' jurisdiction over any sale order or order deemed "integral" to a sale order, such … |
| 21-1226 | Michael Washington v. Florida Department of Transportation | Florida | 2022-03-09 | Denied | Response Waived | appellate-review civil-procedure constitutional-waiver counsel-representation due-process forfeiture fundamental-rights right-to-counsel sixth-amendment trial-rights waiver | Whether the reasoning in Olano applies in a civil context where the failure of a party's counsel to object to closing argument due to misconduct or ne… |
| 21-7328 | Glen S. v. Connecticut | Connecticut | 2022-03-09 | Denied | Response WaivedIFP | circuit-split constitutional-right criminal-defendant criminal-procedure due-process judicial-canvassing probation-violation right-to-testify testimony-rights trial-court-duty waiver waiver-of-rights | Should an affirmative duty be imposed on trial courts to canvass criminal defendants and alleged probation violators about their constitutional right … |
| 21-7231 | Caleb L. McGillvary v. New Jersey | New Jersey | 2022-03-02 | Denied | Response WaivedIFP | criminal-procedure due-process faretta-inquiry Faretta-motion right-to-counsel self-representation waiver | 1.) If Defendant's motion to self-represent is denied without a Faretta inquiry, does his cooperation thereafter with defense counsel constitute a wai… |
| 21-1178 | Subhadra Gunawardana, et vir v. American Veterinary Medical Association, et al. | Seventh Circuit | 2022-02-25 | Denied | amendment-standard circuit-split civil-procedure constitutional-claims dispositive-motion due-process federal-rules procedural-waiver seventh-circuit timeliness waiver | I. This Court has clarified that waiver is the intentional relinquishment/abandonment of a known right. No federal rule specifies deadlines to object … | |
| 21-7169 | Latwon James v. United States | Fourth Circuit | 2022-02-22 | Denied | Response WaivedRelisted (2)IFP | appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver | I. Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a provision in Mr. James's plea agreement waiving his right to appeal … |
| 21-7161 | Deja Paschal v. Connecticut | Connecticut | 2022-02-18 | Denied | Response WaivedIFP | criminal-procedure due-process equivocal-request right-to-counsel self-representation sixth-amendment waiver | Whether a defendant's request for self-representation, made in the context of expressing frustration with appointed counsel and requesting new counsel… |
| 21-7084 | Dwight David Jordan v. Florida | Florida | 2022-02-09 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process indictment jury-instructions legal-precedent lesser-included-offense principal-liability waiver | GROUND 1) Whether the court can depart from clearly established law on case by case basis? State v. Gray, 435 So. 2d 816, 818 (Fla. 1983) is a case th… |
| 21-7092 | Epati Malauulu v. United States | Ninth Circuit | 2022-02-09 | Denied | Response WaivedIFP | 18-usc-2255 constitutional-rights counsel-waiver criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief section-2255 waiver | Whether, Despite a Waiver, Malauulu Can Properly Raise Ineffective Assistance of Counsel Claims Under 18 U.S.C. § 2255? |
| 21-7060 | Christopher N. Bilynsky v. Maine | Maine | 2022-02-04 | Denied | Response WaivedIFP | boykin-v-alabama constitutional-rights due-process jury-trial self-incrimination sentencing-exposure stipulation waiver | (a) Do the Due Process Clauses and Boykin v. Alabama, 395 U.S. 238 (1969) mandate that, before a trial court accepts stipulations as to elements of of… |
| 21-1073 | Kourosh Kenneth Hamidi, et al. v. Service Employees International Union, Local 1000 | Ninth Circuit | 2022-02-02 | Denied | Response Waived | 42-usc-1983 civil-rights constitutional-rights employee-protections first-amendment fourteenth-amendment good-faith state-action union-rights waiver | 1. May a labor union acting in concert with State officials, consistent with the First and Fourteenth Amendments, seize for union political speech pay… |
| 21-6839 | Frank L. Amodeo v. United States | Eleventh Circuit | 2022-01-13 | Denied | Response WaivedIFP | civil-procedure due-process jurisdiction laches void-judgment waiver | 1. Does the doctrine of laches apply to a jurisdictional challenge that if proven, renders the judgment void? 2. Does due process require a court to … |
| 21-992 | Dori Yates, et al. v. Hillsboro Unified School District, et al. | Ninth Circuit | 2022-01-12 | Denied | Response Waived | belgau-v-inslee first-amendment janus-precedent janus-v-afscme membership-agreement political-speech public-employees public-sector-unions union-dues waiver | In Janus v. AFSCME, Council 31, this Court held that public employees have a First Amendment right not to subsidize union speech. 138 S. Ct. 2448, 248… |
| 21-949 | George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. v. Samuel Randolph | Third Circuit | 2021-12-29 | Denied | continuance continuances counsel-of-choice criminal-defendant criminal-procedure forfeiture right-to-counsel sixth-amendment trial-court waiver | Whether this Honorable Court should grant review to decide an important question of federal law—whether a criminal defendant can forfeit or waive his … | |
| 21-6661 | Alonzo Cortez Johnson v. Jimmy Martin, Warden | Tenth Circuit | 2021-12-20 | Denied | IFP | batson-challenge batson-v-kentucky criminal-procedure habeas-corpus jury-selection peremptory-strikes racial-discrimination reconstruction-hearing waiver | Do the normal rules of waiver apply in a situation like this to preclude a reconstruction hearing where the State has failed to offer any reasons for … |
| 21-6633 | Hamid Michael Hejazi v. White Bird Clinic | Oregon | 2021-12-16 | Dismissed | Response WaivedIFP | civil-procedure claim-payment due-process fundamental-error judicial-review jurisdiction jurisdictional-challenge poverty procedural-dismissal standing waiver | Mcuj (M\ AppeKa.4^ OmM^r Svf A-WoJr ot case mRsv be cUstmsseci A-r lack of ^adUx-fa K < ia^ v^&f\ pctynwif of (a/Wla saxc i W\dj^+aV;iiA^ w>as ko4 all… |
| 21-6557 | Tekoa Glover v. United States | Fourth Circuit | 2021-12-10 | Denied | Response WaivedIFP | appellate-review circuit-split criminal-procedure guilty-plea non-jurisdictional-claim sixth-amendment waiver withdrawal | DID THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERR BY RULING THAT MR. GLOVER WAIVED HIS SIXTH AMENDMENT CLAIMS BY ENTERING A GUILTY PLE… |
| 21-6384 | Kimani I. Sterling v. United States | Eighth Circuit | 2021-11-23 | Denied | Response WaivedIFP | circuit-court-review criminal-appeal eighth-circuit judicial-procedure preservation-of-error procedural-due-process sentencing sentencing-objections standard-of-review waiver waiver-doctrine | Has the Eighth Circuit imposed upon Mr. Sterling an unlawful burden by finding Sterling waived his argument that the District Court violated procedura… |
| 21-6209 | Angelo Cobbins v. Illinois | Illinois | 2021-11-05 | Denied | IFP | constitutional-rights criminal-procedure due-process effective-assistance evidence-suppression intellectual-capacity motion-to-suppress right-to-counsel trial-court waiver | -/L, Motion to iSuppuss Loas -efror Gs it in as did not]fllulllinr th& ryl djLftionstrcJsd Ikb P-^titi patliy to (xialv-e. his Custoclid fi^ht 5 ?i/… |
| 21-639 | Mark R. Smith v. Kate Bieker, et al. | Ninth Circuit | 2021-11-01 | Denied | Response Waived | dues-seizure employee-rights first-amendment fourteenth-amendment johnson-v-zerbst state-action union-speech waiver waiver-of-rights | In Janus v. AFSCME, Council 31, this Court held that public employees have a right to refuse to subsidize union speech, that "States and public-sector… |
| 21-615 | Christopher A. Woods, et al. v. Alaska State Employees Association, AFSCME Local 52, et al. | Ninth Circuit | 2021-10-27 | Denied | Amici (1) | first-amendment free-speech public-sector state-action union-dues waiver | The Court in Janus v. AFSCME, Council 31 held that public employees have a First Amendment right not to subsidize union speech. 138 S. Ct. 2448, 2486 … |
| 21-609 | Loriann Anderson, et al. v. Service Employees International Union Local 503, et al. | Ninth Circuit | 2021-10-26 | Denied | Response Waived | constitutional-rights first-amendment free-speech nonmember-employees public-employees state-action union-dues union-membership waiver | 1. Under the First Amendment, to seize payments for union speech from employees who resigned union membership, became nonmembers, and objected to subs… |
| 21-5967 | Zenon Grzegorczyk v. United States | Seventh Circuit | 2021-10-15 | Denied | Relisted (11)IFP | collateral-review constitutional-challenge constitutional-law criminal-procedure due-process guilty-plea retroactivity substantive-law waiver | Pursuant to this Court's holding in Class, does an unconditional guilty plea, by itself, waive a defendant's right to challenge his conviction under §… |
| 21-5978 | Derek Levert Hall v. United States | Eleventh Circuit | 2021-10-15 | Denied | IFP | circuit-split criminal-procedure indigent-defendant pro-se pro-se-representation right-to-counsel sixth-amendment trial-counsel waiver | The federal courts of appeals are about evenly split over whether an indigent criminal defendant's waiver of trial counsel requires a clear and unequi… |
| 21-510 | PDVSA US Litigation Trust v. Lukoil Pan Americas, LLC, et al. | Eleventh Circuit | 2021-10-06 | Denied | Response Waived | and raised in the appellate briefing to such an e appellate-procedure appellate-review argument-abandonment civil-procedure court-of-appeals district-court issue-preservation judicial-review legal-briefing merits-determination waiver | Whether a court of appeals may deem an argument to have been abandoned when it was properly raised and fully briefed in the district court, and raised… |
| 21-5858 | Enrique E. Quintana v. United States | Fifth Circuit | 2021-10-04 | Denied | Response WaivedIFP | actual-innocence collateral-attack commerce-clause constitutional-challenge criminal-procedure indictment indictment-deficiency plea-agreement waiver | Can a defendant who claims actual innocence after entering a plea agreement be barred from raising his actual innocence claim based on a Plea Agreemen… |
| 21-5844 | James Malcolm Hale v. United States | Fourth Circuit | 2021-10-01 | Denied | Response WaivedIFP | appellate-review criminal-procedure district-court-disposition federal-criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-discretion pretrial-motion pretrial-motions procedural-waiver waiver | Whether, in a federal criminal prosecution, a defendant who has not reserved in writing his right to appellate court review of an adverse determinatio… |
| 21-446 | Justin Pannell v. Roger Abshire, et al. | Texas | 2021-09-22 | Denied | Response Waived | civil-procedure due-process jurisdictional-waiver non-resident-company personal-jurisdiction special-appearance texas-civil-procedure texas-rules-of-civil-procedure waiver | 1. When does a court in a resident's state have jurisdiction over a non-resident company who harms a resident in that resident's state? How does the r… |
| 21-328 | Robyn Morgan v. Sundance, Inc. | Eighth Circuit | 2021-09-01 | Judgment Issued | Amici (10)Relisted (2) | arbitration arbitration-waiver circuit-split contract-law equal-treatment equal-treatment-principle federal-courts litigation-conduct prejudice prejudice-requirement state-courts waiver | Waiver is the intentional relinquishment of a known right and, in the context of contracts, occurs when one party to a contract either explicitly repu… |
| 21-5488 | John Patrick Blackmon v. Jeffrey A. Uttecht, Warden | Ninth Circuit | 2021-08-26 | Denied | Response WaivedIFP | criminal-procedure defendant-rights due-process exceptional-circumstances habeas-corpus judicial-inquiry prior-testimony right-to-testify testimony-waiver trial-procedure waiver | 1. Did events in the second trial establish additional process due the Defendant in any subsequent trial? 2. Was the trial judge's noting the Defenda… |
| 21-5486 | Scott Sanford v. Virginia | Virginia | 2021-08-25 | Denied | Response WaivedIFP | 6th-amendment constitutional-rights due-process fundamental-rights intelligent-waiver jury-trial knowing-waiver sixth-amendment voluntary-waiver waiver | I. What are the minimum requirements and procedures for establishing that a defendant's fundamental right to a jury trial is waived in an intelligent,… |
| 21-5404 | Maria Teresa Duarte Godinez v. United States | Fifth Circuit | 2021-08-17 | Denied | Response WaivedIFP | appeal appellate-review criminal-procedure disparities due-process judicial-discretion plea-bargaining sentence-disparity sentencing sentencing-waiver waiver | Whether the appellate court erred when it enforced the waiver keeping the Defendant from appealing her sentence in violation of her due process rights… |
| 21-5368 | Alberto Rodriguez v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation | Ninth Circuit | 2021-08-13 | Denied | Response WaivedIFP | criminal-procedure due-process fundamental-right legal-representation notice-of-charges sixth-amendment waiver | Whether the Sixth Amendment fundamental right to notice of charges can be waived by the lawyer's failure to object or whether the defendant must perso… |
| 21-5373 | Bernard Hollomond v. Tracy Ray, Warden | Fourth Circuit | 2021-08-13 | Denied | IFP | confusion constitutional-rights due-process evidence-consideration jury-trial knowing-and-intelligent sentencing trial-procedure voluntariness waiver | Question not identified. |
| 21-5342 | Jamerl M. Wortham v. United States | Eighth Circuit | 2021-08-11 | Denied | Response WaivedIFP | appellate-review essential-element jury-instruction jury-instructions sixth-amendment unanimous-verdict waiver | Whether a defendant waives appellate review of his Sixth Amendment right to a unanimous verdict when the government and defense counsel jointly submit… |
| 21-5042 | John Shields v. United States | Sixth Circuit | 2021-07-08 | Denied | IFP | controlled-substance criminal-procedure double-jeopardy evidence guilty-plea money-laundering plain-error waiver waiver-doctrine | I. Whether the Sixth Circuit's blanket policy of relying on the waiver doctrine as justificatio n for refusing to review an insufficiency of the evide… |
| 20-1786 | JoAnne Troesch, et al. v. Chicago Teachers Union, et al. | Seventh Circuit | 2021-06-23 | Denied | Amici (6)Response RequestedResponse WaivedRelisted (2) | civil-rights constitutional-rights employee-rights first-amendment free-speech government-restrictions janus-vs-afscme union-dues waiver waiver-doctrine | Under the First Amendment, to seize payments for union speech from employees who provide notice they are nonmembers and object to supporting the union… |
| 20-8378 | Michael R. Gore, Jr. v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. | Third Circuit | 2021-06-22 | Denied | IFP | criminal-procedure faretta self-representation sixth-amendment voir-dire waiver | I. IS THE RIGHT TO SELF-REPRESENTATION VIOLATED WHEN A DEFENDANT IS NOT AFFORDED VOIR DIRE UNDER THE U.S. SUPREME COURT'S DECISION IN FARETTA V. CALIF… |
| 20-1751 | Susan Fischer, et al. v. Phil Murphy, Governor of New Jersey, et al. | Third Circuit | 2021-06-16 | Denied | Response RequestedResponse WaivedRelisted (2) | civil-rights constitutional-rights employee-rights first-amendment government-action public-employee standing union-dues union-speech waiver waiver-doctrine | In 2018, the Court in Janus v. AFSCME, Council 31 held that public employees have a First Amendment right not to subsidize union speech. 138 S. Ct. 24… |
| 20-8247 | Marcus Darwyn Jones v. United States | Fifth Circuit | 2021-06-09 | Denied | Response WaivedIFP | criminal-procedure due-process guilty-plea plea-bargaining plea-voluntariness prosecutor-misconduct prosecutorial-misrepresentation sentencing-consequences sorna waiver | 1. Whether reliance on a prosecutor's legal misstatements regarding the consequences of a guilty plea renders that plea involuntary and unknowing. 2.… |
| 20-8199 | Isiah Lamonte Brown v. California | California | 2021-06-03 | Denied | Response WaivedIFP | constitutional-remedy counsel-ineffectiveness counsel-violation criminal-procedure fundamental-autonomy prejudice prejudice-analysis right-to-testify standard-of-review waiver waiver-standard | 1. What standard of prejudice, if any, must be satisfied to reverse a conviction because trial counsel violated the defendant's fundamental autonomous… |
| 20-1655 | W. A. Griffin v. Delta Air Lines, Inc., et al. | Eleventh Circuit | 2021-05-26 | Denied | Response Waived | anti-alienation anti-assignment claims-fiduciary erisa fiduciary-duty health-benefits plan-administrator waiver | Whether the anti-assignment provision in the Delta Air Lines Plan apply to W. A. Griffin, MD ("Dr. Griffin"). Anti-assignment and anti-alienation prov… |
| 20-8103 | Sayda Powery Orellana and Manuel Porras Salas v. United States | Ninth Circuit | 2021-05-25 | Denied | Response WaivedIFP | appellate-review circuit-split civil-procedure forfeiture jury-instructions plain-error procedural-default waiver | A. Whether agreement to a set of joint jury instructions as directed by a court order is a waiver completely precluding review of instructional errors… |
| 20-1621 | Antonia Lerner v. Citigroup | Third Circuit | 2021-05-20 | Denied | Response Waived | appellate-review civil-procedure judicial-review legal-standard non-movant nonmovant opposition procedural-default standard-of-review waiver | Whether the proper standard of review and correct legal standard are waived from appellate review merely because the nonmovant did not file an opposit… |
| 20-1603 | Susan Bennett v. American Federation of State, County, and Municipal Employees, Council 31, AFL-CIO, et al. | Seventh Circuit | 2021-05-18 | Denied | Amici (3)Response RequestedResponse WaivedRelisted (2) | affirmative-consent employee-rights first-amendment janus-v-afscme paycheck-deduction public-sector-union public-sector-unions union-dues waiver waiver-requirement | In Janus v. AFSCME, Council 31, 138 S. Ct. 2448, 2486 (2018), this Court held that no payment to a union may be deducted from a nonmembers' paycheck u… |
| 20-7960 | Michael Anthony Carroll v. Michigan | Michigan | 2021-05-07 | Denied | IFP | due-process fundamental-defect-exception ineffective-assistance interstate-agreement interstate-agreement-on-detainers jurisdiction jurisdictional-limits jury-impartiality sixth-amendment tad-claims time-limits waiver | I. THE STATUTORY TIME LIMITS IMPOSED BY THE INTERSTATE AGREEMENT ON DETAINERS ARE STRICTLY JURISDICTIONAL AS APPLIED TO THE CONSTRUCTION OF A COMPACT,… |
| 20-7843 | Timothy Howard Johnson v. Renee Baker, Warden | Nevada | 2021-04-26 | Denied | IFP | criminal-procedure due-process evidence-exclusion retroactivity right-to-counsel right-to-defense right-to-jury-trial trial-court-discretion waiver witness-testimony | Question not identified. |
| 20-1444 | W. A. Griffin v. Coca-Cola Refreshments USA, Inc., et al. | Eleventh Circuit | 2021-04-15 | Denied | Response Waived | anti-alienation anti-assignment assignment-of-benefits claims-fiduciary erisa fiduciary-duty health-benefits plan-administrator provider-services waiver | Whether the anti-assignment provision in the Coca-Cola Plan apply to W. A. Griffin, MD ("Dr. Griffin"). Anti-assignment and anti-alienation contained … |
| 20-7626 | Robert Frank Miller v. United States | District of Columbia | 2021-04-01 | Denied | Response WaivedIFP | appellate-review appellate-standards criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-discretion probable-cause waiver | I. Whether certiorari should be granted to clarify that probable cause must be based on actual facts, rather than mere assumptions interposed by the c… |
| 20-7571 | Hilliard A. Fulgham v. Scott Crow, Director, Oklahoma Department of Corrections | Tenth Circuit | 2021-03-26 | Denied | IFP | civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel interstate-agreement-on-detainers interstate-detainer judicial-discretion trial-fairness waiver | 1. Is an objection required before a court would have understanding that a detainee did not want to be tried after the time-line set in his involuntar… |
| 20-7543 | Victor Real-Alomar, aka Toston v. United States | First Circuit | 2021-03-24 | Denied | Response WaivedIFP | appeal appeal-waiver burden-of-proof constitutional-rights criminal-procedure first-amendment ninth-amendment plea-agreement plea-bargaining pretrial-detainee waiver | A. Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the gover… |
| 20-7507 | Christopher Faella v. United States | Eleventh Circuit | 2021-03-18 | Denied | Response WaivedIFP | 18-usc-2259 appellate-rights eighth-amendment plea-agreement restitution sentencing sentencing-appeal statutory-interpretation statutory-maximum waiver | Whether a defendant's waiver in his plea agreement of the right to appeal his sentence -- unless it exceeds the statutory maximum penalty or violated … |
| 20-7466 | Charles L. Burgett v. The General Store No. Two Inc., et al. | Eighth Circuit | 2021-03-16 | Denied | Response WaivedIFP | bill-of-costs civil-procedure cost-waiver costs court-discretion deposition-costs indigency local-rules waiver | 1. Whether a party wavies costs if it does not file a bill of cost on time pursuant to local rules? 2. Whether a district court should consider a par… |
| 20-7262 | Melvin Stills v. Pennsylvania | Pennsylvania | 2021-02-26 | Denied | Response WaivedIFP | appellate-review civil-procedure conflicting-opinions court-opinion due-process judicial-integrity legal-procedure merits-review record-completeness waiver | Did the Pennsylvania Superior Court violate the due process rights of the Petitioner when it issued two opinions that conflicted on whether the record… |
| 20-7173 | Venecia Depaula v. Florida | Florida | 2021-02-17 | Denied | Response WaivedIFP | competency competency-hearing constitutional-rights ineffective-assistance ineffective-assistance-of-counsel mental-health plea-offer privileged-communication waiver | I. WAS COUNSEL'S ASSISTANCE RENDERED INEFFECTIVE BY HIM ALLOWING PETITIONER TO REJECT A FAVORABLE PLEA OFFER WHERE COUNSEL POSSESSED KNOWLEDGE THAT PE… |
| 20-6731 | Kevin Francis v. Massachusetts | Massachusetts | 2020-12-30 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | case-screening court-procedure criminal-procedure indigent-defendants judicial-error legal-waiver precedent public-defender sixth-amendment waiver | Whether the Massachusetts Supreme Judicial Court erred when it held that a public defender case screener who did not represent the defendant waived th… |
| 20-6601 | Savannah Sifuentes v. United States | Fifth Circuit | 2020-12-10 | Denied | Relisted (2)IFP | appellate-review criminal-procedure elements-of-offense essential-element forfeiture guilty-plea indictment indictment-challenge statutory-interpretation waiver | 1. Whether a defendant who unsuccessfully moves to dismiss an indictment for failure to allege an essential element of the crime waives or forfeits th… |
| 20-6449 | Anthony Don Brown v. United States | Fifth Circuit | 2020-11-25 | Denied | Response WaivedIFP | civil-rights due-process plea-bargaining sentencing sixth-amendment waiver | 1. Under Class v. United States, 138 S.Ct. 798 (2018), when a defendant argues on appeal that his sentence was imposed in violation of his Fifth Amend… |
| 20-6382 | Randall Allen Eplion, Jr. v. United States | Fourth Circuit | 2020-11-19 | Denied | Response WaivedIFP | appeal-waiver appellate-review criminal-procedure due-process federal-criminal-practice plea-agreement sentencing standing waiver | Whether a provision in a plea agreement which bars the defendant from appealing "the right to seek appellate review of . . . any sentence of imprisonm… |
| 20-667 | Antwaun Bush v. City of Pittsburgh, Pennsylvania, et al. | Third Circuit | 2020-11-16 | Denied | civil-litigation civil-procedure federal-action federal-procedure procedural-waiver state-procedural-mechanisms statute-of-limitations third-circuit waiver writ-of-summons | 1. Whether the United States Court of Appeals for the Third Circuit, the court below, erred in determining that the failure of defendants to contest, … | |
| 20-568 | William Geoffroy v. Town of Winchendon, Massachusetts, et al. | First Circuit | 2020-10-30 | Denied | Response Waived | 29-usc-626 age-discrimination due-process employee-rights employment-law statutory-interpretation voluntary voluntary-consent waiver waiver-validity | Whether a waiver of age discrimination claims can be found to be voluntary when an employer verbally revokes an employee's twenty-one (21) day review,… |
| 20-6147 | Shane Anthony Roberts v. United States | Eighth Circuit | 2020-10-28 | Denied | Response WaivedIFP | appeal-waiver appellate-review court-of-appeals criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation statutory-right waiver | Whether the Court of Appeals improperly denied Mr. Roberts of the statutory right to appeal his 70-month sentence by summarily granting a government m… |
| 20-6070 | James Dee Gilmore, Jr. v. United States | Ninth Circuit | 2020-10-19 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process evidence-admissibility interrogation-techniques miranda-rights sixth-amendment voluntary waiver | 1. In failing to require the government to meet its heavy burden to show that defendant's post–invocation waiver of his Miranda rights, including his … |
| 20-6049 | Isidoro Gonzalez-Ferretiz v. United States | Fourth Circuit | 2020-10-16 | Denied | Relisted (2)IFP | aggravated-felony criminal-procedure deportation-order due-process fifth-amendment immigration judicial-review mendoza-lopez pro-se-alien waiver waiver-of-appeal | In Mendoza-Lopez, 481 U.S. 828, 840 (1987), this Court held that the Fifth Amendment prevents the government from using a deportation order to satisfy… |
| 20-5874 | Jerry Lard v. Arkansas | Arkansas | 2020-10-01 | Denied | IFP | categorical-prohibition death-penalty eighth-amendment execution intellectual-disability ripeness waiver | 1. Whether a death-sentenced inmate is permitted to waive a viable claim for an Eighth Amendment categorical probation against the execution of person… |
| 20-5816 | Jose Antonio Acevedo-Lemus v. United States | Ninth Circuit | 2020-09-25 | Denied | Response WaivedIFP | appellate-review criminal-procedure federal-rules-of-criminal-procedure good-cause plain-error probable-cause search-warrant suppression-motion waiver | 1. When a defendant raises a new theory on appeal in support of a suppression motion filed in district court—in this case, a lack of probable cause fo… |
| 20-389 | Peter J. Schaffer, et al. v. Joey Long | Ninth Circuit | 2020-09-25 | Denied | appellate-review bristol-myers-squibb civil-procedure constitutional-rights due-process personal-jurisdiction specific-jurisdiction subject-matter-jurisdiction waiver waiver-of-rights | Does a full litigation of the merits of a personal jurisdictional challenge sufficiently preserve the issue for full review on appeal? Did the Ninth … | |
| 20-395 | Timothy C. Rote v. Max Zweizig | Ninth Circuit | 2020-09-25 | Denied | Response Waived | arbitrability-standard arbitration-enforcement employment-agreement federal-arbitration-act free-speech-retaliation non-signatory non-signatory-arbitration oregon-uniform-arbitration-act post-employment-retaliation prior-adjudication waiver waiver-doctrine | Whether the district court erred and exceeded its authority under the FAA and OUAA by refusing to compel arbitration (finding waiver and non-signatory |
| 20-5604 | Atorbe Aaron Isibor v. United States | Ninth Circuit | 2020-09-08 | Denied | Response WaivedIFP | appellate-review burden-of-proof criminal-procedure federal-rules forfeiture olano venue venue-insufficiency waiver waiver-doctrine | Under this Court's decision in United States v. Olano, 507 U.S. 725 (1993), does a defendant who argues for the first time on appeal that the governme… |
| 20-260 | Personal Audio, LLC v. CBS Corporation | Federal Circuit | 2020-09-01 | Denied | appointments-clause collateral-estoppel inter-partes-review patent-law reexamination-clause seventh-amendment waiver | 1. Must the collateral estoppel effect of an inter partes review be raised and litigated in the appeal of the inter partes review, rather than in the … | |
| 20-5467 | Carlos Michael Lopez v. Texas | Texas | 2020-08-24 | Denied | IFP | adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process garza-v-idaho inherent-powers sua-sponte-dismissal waiver | Garza v. Idaho, 139 S. Ct. 738, 749-50 (2019), holds that a defense attorney offends the Constitution by failing to file a notice of appeal upon the c… |
| 20-5431 | Walter Ackerman v. United States | Tenth Circuit | 2020-08-21 | Denied | Response WaivedIFP | appellate-procedure civil-procedure due-process fourth-amendment good-faith-exception law-of-the-case waiver warrantless-search | I. Did the Tenth Circuit err under the law of the case doctrine when it permitted the government to raise in a second appeal a claim the government wa… |
| 20-5388 | Michael J. Buck v. Texas | Texas | 2020-08-18 | Denied | Response WaivedIFP | adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process inherent-powers sua-sponte sua-sponte-dismissal waiver | 1. Does due process require courts to "treat at least some claims as unwaiveable" on appeal? See Garza, 139 S. Ct. at 145. 2. Does due process guaran… |
| 20-5108 | Salvador Ojeda-Amarillas v. United States | Ninth Circuit | 2020-07-20 | Denied | Response WaivedIFP | appellate-review criminal-procedure firearms-enhancement leadership-role necessity necessity-requirement sentencing-enhancement sentencing-factors sentencing-guidelines waiver wiretap wiretap-application | 1. Whether the Court of Appeals erred in finding the July 2006 wiretap application met the necessity requirements and whether it erred in holding Mr. … |
| 20-5089 | William Kirkpatrick, Jr. v. Kevin Chappell, Warden | Ninth Circuit | 2020-07-16 | Denied | IFP | 28-usc-2254e1 capital-inmate-rights capital-punishment colloquy due-process federal-review habeas-corpus presumption-of-correctness state-court-proceedings waiver waiver-of-rights whitmore-v-arkansas | Whether the Ninth Circuit contravened Whitmore v. Arkansas in upholding a capital inmate's waiver of the right to proceed absent a colloquy demonstrat… |
| 20-1 | Nicholas E. Davis v. United States | Armed Forces | 2020-07-09 | Denied | Response Waived | appellate-review court-martial criminal-procedure jury-instruction jury-instructions plain-error supreme-court-precedent waiver | Whether the failure to object to a pattern jury instruction erroneously describing the elements of the offense constitutes affirmative waiver such tha… |
| 19-1448 | Excel Modular Scaffold & Leasing Company, dba Excel Scaffold & Leasing v. Occupational Safety and Health Review Commission, et al. | Fifth Circuit | 2020-07-01 | Denied | Response Waived | administrative-law affirmative-defense civil-procedure due-process impossibility-doctrine judicial-review occupational-safety osha regulatory-compliance standard-of-review waiver | I. Did the United States Court of Appeals for the Fifth Circuit and the Administrative Law Judge ("ALJ") err in ruling that Excel Modular Scaffold & L… |
| 19-8787 | Wayne A. G. James v. United States | Third Circuit | 2020-06-23 | Denied | Response WaivedIFP | attorney-objection circuit-split civil-procedure evidence evidence-admission forfeiture plain-error trial-record waiver | If an attorney mistakenly remains silent and fails to object to inadmissible evidence, a later challenge is forfeited and subject to review only for p… |
| 19-8723 | Shane P. Irish v. Ohio | Ohio | 2020-06-17 | Denied | IFP | constitutional-rights criminal-procedure due-process incarceration indictment sixth-amendment speedy-trial waiver | Whether the speedy trial guarantee of the Sixth Amendment to the U.S. Constitution applies to an accused serving a prison sentence on a prior offense?… |
| 19-8663 | Tesa Keith v. United States | Fifth Circuit | 2020-06-10 | Denied | Response WaivedIFP | appeal criminal-statute facial-challenge federal-courts federal-law plea-agreement procedural-challenge waiver | Whether facial challenges to a federal criminal statute may be waived by plea agreement? |
| 19-8527 | Rodney Douglas Eaves v. Colorado Department of Corrections, et al. | Tenth Circuit | 2020-05-22 | Denied | Response WaivedIFP | 5th-amendment affidavit constitutional-rights court-procedure criminal-procedure due-process evidence fifth-amendment probable-cause waiver | 1.) Whether the Fifth Amendment is violated when an unverified Complaint and Information is used in lieu of a probable cause hearing. 2.) Whether a … |
| 19-1288 | Alan Singer v. Mondex Corporation | Arizona | 2020-05-13 | Denied | appellate-procedure attorney-fees choice-of-law civil-procedure cross-appeal jurisdiction minimum-contacts personal-jurisdiction subject-matter-jurisdiction waiver | Did the Arizona Supreme Court have subject matter to grant jurisdiction for attorney's fees on behalf of an appellee after it declined to grant review… | |
| 19-8339 | Juan M. Santiago v. United States | First Circuit | 2020-04-22 | Denied | Response WaivedIFP | appeal-waiver booker booker-error criminal-procedure federal-sentencing mandatory-guidelines miscarriage-of-justice sentencing sentencing-guidelines waiver | WHETHER AN ESTABLISHED BOOKER ERROR (MANDATORY APPLICATION OF THE USSG) CAN BE CONSIDERED PER SE A MISCARRIAGE OF JUSTICE EXCEPTION THAT IS NOT WAIVED… |
| 19-8262 | Miguel Algarin v. United States | Eleventh Circuit | 2020-04-15 | Denied | IFP | 28-usc-636 appellate-jurisdiction appellate-review civil-procedure equitable-exceptions federal-statute judicial-review magistrate magistrate-review objection-standard procedural-waiver waiver | Whether a party's failure to object to a magistrate's ruling under 28 U.S.C. § 636(b)(1)(A) creates a jurisdictional bar to appellate review, or merel… |
| 19-8180 | M. H. v. Indiana Department of Child Services | Indiana | 2020-04-03 | Denied | Response WaivedIFP | 5th-amendment civil-rights compulsion constitutional-rights due-process fifth-amendment fundamental-rights parental-rights self-incrimination waiver | I. What are the present-day parameters to any assertion of privilege pursuant to the 5th Amendment to the United States Constitution (re: compulsion a… |
| 19-1183 | Odyssey Contracting Corp. v. L & L Painting Co., Inc. | Third Circuit | 2020-03-30 | Denied | Response Waived | -appeal-waiver -judicial-interpretation -procedural-waiver -stipulation-rights -third-circuit-ruling #NAME? appeal appeal-right civil-procedure consent-judgment final-judgment standing third-circuit thomsen-v-cayser united-states-v-procter-gamble waiver | 1. Whether a stipulation that is not a consent judgment and simply establishes a mechanism under which the district court will resolve certain claims,… |
| 19-8145 | Santiago Cruz v. C. Betancourt | Ninth Circuit | 2020-03-30 | Denied | Response WaivedIFP | administrative-grievance administrative-remedies civil-rights eighth-amendment exhaustion-of-remedies grievance-process prisoner-litigation procedural-error procedural-errors waiver | The district caurt erred in finding Cruzfailed to exhaust administrative remedies for his Eighth Amendment claim. The district court failed to recogni… |
| 19-8094 | Caleb S. Motupalli v. Andrei Iancu, Director, United States Patent and Trademark Office | Federal Circuit | 2020-03-24 | Denied | Response WaivedIFP | 35-usc-112 america-invents-act enablement interdisciplinary-invention interdisciplinary-team patent-enablement patent-examination patent-specification pre-aia pro-se single-skilled-person waiver | 35 U.S.C. §112 requires that the specification of a patent application describe the invention in such terms that those skilled in the art are enabled … |
| 19-7942 | Daniel Dale Parsons v. R. Blades, Warden | Ninth Circuit | 2020-03-10 | Denied | Response WaivedIFP | adverse-witness co-defendant-guilty-plea co-defendant-statement compulsory-process compulsory-process-clause confrontation-clause criminal-procedure cross-examination harmless-error plain-error waiver | I. Has the accused's right of confrontation been converted from the prosecutor's duty under Confrontation Clause into the accused's privilege under th… |
| 19-7858 | Todd Darrell Ballard v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. | Third Circuit | 2020-03-04 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment ineffective-assistance-of-counsel post-conviction-relief post-sentencing procedural-rights sixth-amendment statutory-interpretation substantive-rights waiver waiver-doctrine | Whether the Act of the General Assembly [42 Pa.C.S. § 9543 and 9544] is in violation of Appellant's substantive and procedural rights; and whether sai… |
| 19-7854 | Howronda Overstreet v. United States | Eleventh Circuit | 2020-03-03 | Denied | Response WaivedIFP | appeal criminal-procedure Did Ms. Overstreet's waiver of appeal unenforceabl Did the district court commit plain error when it due-process guidelines guidelines-calculation plain-error plea-bargaining sentencing sentencing-guidelines waiver | QUESTION 1: DID MS. OVERSTREET PRESERVE HER RIGHT TO APPEAL THE DISTRICT COURT'S INAPPLICABLE GUIDELINES CALCULATION ? QUESTION 2: WAS MS. OVERSTR… |
| 19-1060 | Victor Thomas v. New York | New York | 2020-02-26 | Denied | Amici (2)Response Waived | appeal appellate-jurisdiction criminal-defendant criminal-procedure garza-v-idaho jurisdiction right-to-counsel sixth-amendment supreme-court-precedent waiver waiver-of-appeal | Whether a provision in a waiver of appeal that forbids a criminal defendant from filing a notice of appeal, and in so doing also strips superior court… |
| 19-1052 | Andre G. Dewberry v. United States | Eighth Circuit | 2020-02-24 | Denied | appeal appellate-review criminal-procedure guilty-plea self-representation sixth-amendment waiver | Whether a guilty plea waives a challenge on appeal to the denial of a defendant's Sixth Amendment right to represent himself. | |
| 19-7733 | Gustavo Diaz v. United States | Fifth Circuit | 2020-02-21 | Denied | Response WaivedIFP | appeal appeal-dismissal civil-procedure constitutional-rights dismissal district-court-procedure due-process fifth-amendment pre-sentencing-waiver sentencing substantive-due-process waiver | Whether the District Court denied the Petitioner's constitutional right to a substantive due process under the Fifth Amendment by the United States Co… |
| 19-7705 | Michael Roman Burghardt v. United States | First Circuit | 2020-02-19 | Denied | Response WaivedIFP | circuit-split criminal-defendant criminal-procedure-waiver direct-appeal element-of-offense elements-of-offense indictment plain-error-review plea-colloquy rehaif-v-united-states sentencing-enhancement supreme-court-precedent waiver | 1. Whether a criminal defendant has waived a claim that the indictment failed to charge an element of the offense where the claim arose while his case… |
| 19-1026 | Ford Motor Company v. United States | Federal Circuit | 2020-02-18 | Denied | Amici (4) | customs-classification federal-circuit import-duties international-trade post-importation-modification precedent statutory-interpretation tariff-classification tariff-provisions vehicle-classification waiver worthington-v-robbins | I. Whether the Federal Circuit erred in holding, contrary to this Court's precedent, that a product's post-importation modification and use can determ… |
| 19-7659 | Ashley Rios, et vir v. West Virginia Department of Health and Human Resources | West Virginia | 2020-02-14 | Denied | Response WaivedIFP | abuse-neglect abuse-or-neglect child-custody due-process expert-witness foster-placement indian-child-welfare-act knowing-waiver parental-rights qualified-expert-witness statutory-interpretation waiver | In a case involving the Indian Child Welfare Act ("ICWA"), 25 U.S.C. §§ 1901 – 1923 (1978), may a court deny a petition to invalidate the proceeding w… |
| 19-7467 | Frankie Beqiraj v. United States | Second Circuit | 2020-01-29 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure defendant-presence due-process jury-selection peremptory-challenges right-to-be-present waiver | 1. Whether a defendant has a constitutional right to be present during a conference at which the parties exercise their peremptory challenges to strik… |
| 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… |
| 19-920 | Boulder Young, aka Boulder Daniel McManigal v. United States | Eighth Circuit | 2020-01-23 | Denied | Response Waived | appeal appeal-waiver circuit-split criminal-procedure due-process harmless-error judicial-discretion plea-bargaining plea-hearing sentencing waiver | Whether the waiver of a right to appeal a judgment of conviction is controlled by the defendant's written waiver or the oral pronouncement of the cour… |
| 19-7376 | Alice C. Trappler v. New York | New York | 2020-01-22 | Denied | Response WaivedIFP | burden-of-proof confrontation-clause conspiracy criminal-defendant criminal-procedure due-process forfeiture hearsay hearsay-exception legal-insufficiency sixth-amendment waiver | 1. Upon trial counsel's failure to move to dismiss on legal insufficiency grounds at trail, is the uninformed automatic waiver and silently imposed pe… |
| 19-7245 | Darren Lavald Bowie v. United States | Fifth Circuit | 2020-01-10 | Denied | Response WaivedIFP | collateral-relief constitutional-waiver habeas-corpus ineffective-assistance plea-agreement sixth-amendment unknowing-waiver waiver | 1. Does a Plea Agreement which waives challenges to collateral relief forbid challenges to ineffective assistance in proceedings following the entry o… |
| 19-7236 | John Joseph DeBlase v. Alabama | Alabama | 2020-01-09 | Denied | IFP | capital-case codefendant confrontation-clause constitutional-rights due-process jury-unanimity sixth-amendment waiver | 1. Do the Sixth Amendment and the Due Process Clause permit, in a capital case, the admission of statements of a nontestifying codefendant, acknowledg… |
| 19-7237 | Christopher L. Croom v. Illinois | Illinois | 2020-01-09 | Denied | Response WaivedIFP | admonishment conflict-of-interest constitutional-rights criminal-procedure defendant judicial-admonishment jury-bias right-to-counsel trial-court trial-court-admonishment waiver | Does a defendant knowingly waive the right to conflict free counsel when the trial court merely admonishes the defendant that a conflict exists, witho… |
| 19-7197 | Darryl William Young v. United States | Ninth Circuit | 2020-01-07 | Denied | Response WaivedIFP | bank-robbery colloquy constitutional-law constitutional-question-of-procedural-law criminal-procedure criminal-procedure-rule-11 criminal-procedure-rule-20 direct-appeal district-court-jurisdiction due-process federal-jurisdiction federal-question-of-statutory-law federal-rules-criminal-procedure jurisdictional-venue overbroad-interpretation plea-agreement plea-validity procedural-requirements sentencing statutory-interpretation statutory-law venue waiver | 1. The United States Supreme Court is asked to resolve a federal question of jurisdictional law, whether the district court for the Eastern District o… |
| 19-7159 | Sir Giorgio Sanford Clardy v. Garth Gulick, et al. | Ninth Circuit | 2020-01-02 | Denied | Response WaivedIFP | appellate-review civil-procedure due-process service-of-process standing statute-of-limitations waiver | Are waiving defendants since of mns r ty requd to cimpy w Fe. CN. P. IAli or (2ol (A) when fng timely anwe? And f me anwer a hn tey ont n aner imey t… |
| 19-7112 | Gabriel Galindo-Serrano v. United States | First Circuit | 2019-12-31 | Denied | IFP | confession confession-suppression court-of-appeals criminal-procedure delay magistrate-judge motion-to-suppress plain-error standard-of-review waiver | Whether the standard of review on appeal of an untimely motion to suppress a confession, based upon the failure to bring the defendant before a magist… |
| 19-7117 | Vance Edward Ingram, III v. United States | Fourth Circuit | 2019-12-31 | Denied | Response WaivedIFP | appeal-waiver appellate-procedure constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-power plea-agreement plea-bargaining waiver | IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 19-7051 | Adan Reyes-Martinez v. United States | Fifth Circuit | 2019-12-23 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement plea-bargaining sentencing waiver waiver-of-rights | Whether the Fifth Circuit erred by ruling that Mr. Reyes-Martinez waived the right to appeal his sentence because of the Waiver of Appeal provision in… |
| 19-791 | Anderson Law Offices, et al. v. Common Benefit Fee and Cost Committee | Fourth Circuit | 2019-12-20 | Denied | appeal-rights appeal-waiver appellate-review civil-procedure common-benefit-fund court-review due-process equitable-relief federal-courts federal-jurisdiction federal-procedure judicial-discretion judicial-responsibilities standing waiver | Whether federal district courts possess the authority to require appeal rights to be waived as a condition for receiving an award available under law.… | |
| 19-7013 | Kenneth M. Gray v. Paul S. Kemper, Warden | Seventh Circuit | 2019-12-19 | Denied | Response WaivedIFP | civil-rights confession criminal-procedure due-process false-confession false-promises ineffective-assistance interrogation no-merit-report parent-attorney post-conviction-counsel sentencing sentencing-error waiver waiver-petition | Whether post-conviction counsel failed to file a "no-merit" report. Whether detectives made false promises to illicit a confession during the interro… |
| 19-6952 | Sir Giorgio Sanford Clardy v. Judy Gilmore, et al. | Ninth Circuit | 2019-12-16 | Denied | Response WaivedIFP | civil-procedure default-judgment due-process federal-rules procedural-compliance service-of-process standing summons time-limitation time-limits timely-answer waiver | After waning deferdnts sirvice of summons, ore they 1. requred to comply with FeD.R. C.. P. (a(A) or 12C (A i When Gg timely answers? And if me anouer… |
| 19-6781 | Donato Luna-Quintero v. Indiana | Indiana | 2019-11-29 | Denied | Response WaivedIFP | constitutional-rights due-process effective-assistance effective-assistance-of-counsel foreign-defendant jury-trial language-barrier language-barriers limited-english-proficiency right-to-counsel waiver | Is a defendant's constitutional right to a jury trial properly waived, and is counsel providing effective assistance, when the defendant, a foreign ci… |
| 19-6778 | Michael Daemon Blackburn v. United States | Tenth Circuit | 2019-11-27 | Denied | Response WaivedIFP | constitutional-law constitutional-waiver criminal-procedure custodial-interrogation due-process fifth-amendment interrogation-rights miranda-rights self-incrimination waiver | Is a written-only advisement of Miranda rights - without time or silence to read it - a sufficient advisal allowing a knowing, intelligent and volunta… |
| 19-6700 | Abid Naseer v. United States | Second Circuit | 2019-11-20 | Denied | Response WaivedIFP | advisement appellate-review district-court right-to-counsel self-representation sixth-amendment standard-of-review waiver | 1. Whether the Second Circuit Court of Appeals applied an incorrect standard in concluding that Petitioner knowingly and intelligently waived his Sixt… |
| 19-6617 | Melissa Morton v. United States | Ninth Circuit | 2019-11-14 | Denied | Response WaivedIFP | appeal appellate-review circuit-split criminal-procedure-waiver due-process inter-circuit-conflict intra-circuit-conflict jury-instruction jury-instructions legal-procedure right-relinquishment right-to-appeal waiver | Whether a defendant waives his right to challenge a jury instruction on appeal if he proposed the instruction below, even if the record contains no ev… |
| 19-611 | Rene A. Boucher v. United States | Sixth Circuit | 2019-11-13 | Denied | Response RequestedResponse WaivedRelisted (2) | appeal below-guideline-sentence criminal-procedure double-jeopardy due-process plea-agreement plea-bargaining sentencing sentencing-appeal waiver waiver-of-rights | 1. Did the government waive its right to appeal the defendant's sentence when it expressly agreed that the defendant would be free to argue for a belo… |
| 19-6624 | Andre D. Lee v. Louisiana | Louisiana | 2019-11-13 | Denied | Response WaivedIFP | burden-of-proof constitutional-rights conviction criminal-procedure due-process hearing right-to-counsel sentence state-trial-court void waiver | 1. Did the petitioner's right to counsel violated by the state trial court, thereby making the conviction and sentence completely void? 2. Did the st… |
| 19-6576 | James Marvin Reed v. United States | Eighth Circuit | 2019-11-12 | Denied | Response WaivedIFP | blackledge-v-perry circuit-court-review district-court district-court-power eighth-circuit guilty-plea jurisdictional-challenge penson-review subject-matter-jurisdiction united-states-v-cotton waiver | It is well settled that subject-matter jurisdictional challenges cannot be waived. The Eighth Circuit ruled that Reed's jurisdictional challenged ) we… |
| 19-565 | Antonio Passaro, Jr. v. Virginia, et al. | Fourth Circuit | 2019-10-30 | Denied | civil-procedure federal-court federal-jurisdiction lapides-v-board-of-regents litigation removal sovereign-immunity state-court waiver | Whether, in the context of a federal claim brought in state court where the state would enjoy sovereign immunity, a state's voluntary removal to feder… | |
| 19-6376 | Josue Osvaldo Solis v. United States | Fifth Circuit | 2019-10-24 | Denied | Response WaivedIFP | appeal construction criminal-procedure due-process fairness fairness-doctrine plea-agreement sentence-appeal sentencing waiver waiver-of-rights | 1. Whether, consistent with the Due Process Clause, a defendant can knowingly waive the right to appeal his sentence when his purported waiver occurs … |
| 19-6216 | Maxcium Herring v. L. S. McEwen, Warden | Ninth Circuit | 2019-10-09 | Denied | IFP | appeal civil-rights constitutional-rights criminal-procedure due-process evidence-admission jury-instructions jury-misconduct sentencing standard-of-review trial-errors waiver | If a self represenTed defendanT Taks THE wiTNss sTNd in hiso heR detense whether oNe continves To represent her or himself or whethr The Trial COT mU … |
| 19-6177 | Valerie Flores v. United States | Seventh Circuit | 2019-10-07 | Denied | Response WaivedIFP | appellate-review circuit-court government-admission government-waiver plain-error plain-error-review sentencing seventh-circuit supervised-release vagueness waiver waiver-doctrine | I. By Disregarding the Government's Failure to Brief a Waiver Argument, Did the Seventh Circuit Errantly Look Past the Government's Waiver of Waiver a… |
| 19-6045 | Scott H. Summerhays v. United States | Ninth Circuit | 2019-09-24 | Denied | Response WaivedRelisted (2)IFP | appellate-counsel change-of-plea criminal-procedure critical-stage effective-assistance-of-counsel faretta faretta-waiver ineffective-assistance right-to-counsel sixth-amendment waiver | 1. Does a criminal defendant have a right under the Sixth Amendment to reassert his right to counsel at a critical stage (a change of plea hearing) af… |
| 19-5962 | David Tjader v. United States | Seventh Circuit | 2019-09-17 | Denied | Response WaivedIFP | appellate-review circuit-court government-waiver plain-error plain-error-review sentencing supervised-release vagueness waiver waiver-doctrine | I. By Disregarding the Government's Failure to Brief a Waiver Argument, Did the Seventh Circuit Errantly Look Past the Government's Waiver of Waiver a… |
| 19-5931 | Darryl Allen v. Pennsylvania | Pennsylvania | 2019-09-13 | Denied | Response WaivedRelisted (2)IFP | appeal appellate-rights collateral-relief collateral-review constitutional-rights counsel-consultation due-process garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal roe-v-flores-ortega waiver | Did the Pennsylvania courts err in denying collateral relief where prior counsel was ineffective for failing to consult fully with the petitioner, Dar… |
| 19-5941 | Roger Cha v. United States | Ninth Circuit | 2019-09-13 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process interrogation law-enforcement miranda-rights miranda-waiver self-incrimination waiver | Is a Miranda waiver invalidated when the law enforcement officer providing the advisal involves himself in the waiver process by asking the subject of… |
| 19-296 | Damien Guedes, et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al. | District of Columbia | 2019-09-04 | Denied | Amici (7)Relisted (5) | administrative-law chevron-deference criminal-law deference due-process judicial-review overrule rule-of-lenity statutory-interpretation waiver | 1. Whether Chevron deference, rather than the rule of lenity, takes precedence in the interpretation of statutory language defining an element of vari… |
| 19-257 | California Trout, et al. v. Hoopa Valley Tribe, et al. | District of Columbia | 2019-08-28 | Denied | Amici (1)Response Waived | certification certification-request circuit-conflict clean-water-act environmental-protection forum-shopping project-licensing section-401 state-authority waiver water-quality | Do states waive their authority under section 401 of the Clean Water Act if they do not approve or deny a certification request within one year, even … |
| 19-196 | Louisiana Health Service & Indemnity Company, dba Blue Cross Blue Shield of Louisiana v. Encompass Office Solutions, Incorporated | Fifth Circuit | 2019-08-14 | Denied | Amici (1)Response Waived | antiassignment-provision authoritative-guidance choice-of-law civil-procedure claim-processing clear-authoritative-guidance erie-doctrine erie-railroad erie-railroad-co-v-tompkins erisa erisa-antiassignment-provision erisa-benefits erisa-waiver federal-court federal-courts liability medical-provider standing state-law statutory-interpretation waiver | 1. Whether a federal court seeking to identify the content of state law pursuant to Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), may choose the … |
| 19-5588 | Luis Ordonez-Vega v. United States | Fourth Circuit | 2019-08-14 | Denied | Response WaivedIFP | appeal appellate-counsel civil-rights conflict-of-interest criminal-procedure due-process inadequate-representation-of-counsel ineffective-assistance ineffective-assistance-of-counsel merit-review section-2255 waive waiver | DID CONFLICT OF INTEREST ARISE WHEN APPELLATE COUNSEL'S FAILED TO RAISE NON-FRIVOLOUS MERIT(S) "INEFFECTIVE ASSISTANCE OF COUNSEL" ON DEFENDANT'S FIRS… |
| 19-191 | Ashley Wilcox Page v. Todd L. Hicks, et al. | Eleventh Circuit | 2019-08-13 | Denied | Response RequestedResponse WaivedRelisted (2) | 11th-amendment civil-procedure eleventh-amendment federal-court federal-jurisdiction lapides-v-board-of-regents removal sovereign-immunity state-court state-removal waiver waiver-by-removal | In Lapides v. Board of Regents of University System of Georgia, 535 U.S. 613 (2002), the Court held that when a State voluntarily removes a case from … |
| 19-5563 | Ian Alexander Bowline v. United States | Tenth Circuit | 2019-08-13 | Denied | IFP | appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure plain-error plain-error-review pretrial-motions timeliness waiver | Federal Rule of Criminal Procedure 12 no longer provides that the consequence of not timely making a required, pretrial motion is a waiver. Can an app… |
| 19-138 | First State Community Action Agency v. Tamra N. Robinson | Third Circuit | 2019-07-30 | Denied | appellate-review circuit-split civil-procedure invited-error jury-instructions plain-error trial-court waiver | 1. Whether a party that first raises an issue on appeal has per se waived plain error review because it did not raise the issue in the trial court or … | |
| 19-5286 | Adam Patton v. Arkansas | Arkansas | 2019-07-23 | Denied | Response WaivedIFP | constitutional-rights criminal-defendant criminal-procedure due-process forfeiture right-to-counsel sixth-amendment waiver | Whether a criminal defendant, who has not knowingly and intelligently waived his Sixth Amendment right to counsel and who clearly requests the assista… |
| 19-5197 | Eric T. Roden v. United States | Ninth Circuit | 2019-07-16 | Denied | Response WaivedIFP | appeal article-iii-judge criminal-defendant criminal-procedure defendant-rights due-process federal-sentencing federal-sentencing-guidelines judicial-discretion ninth-circuit sentencing sentencing-guidelines waiver | WHETHER THE NINTH CIRCUIT PANEL CORRECTLY CALCULATED GUIDELINES RANGE FOR USE AT A FEDERAL SENTENCING HEARING. |
| 19-5079 | Kenneth Blackwell v. Georgia | Georgia | 2019-07-05 | Denied | Response WaivedIFP | appeal-discretion appellate-procedure appellate-review evidence issue-preservation judicial-discretion legal-sufficiency legal-theory prior-bad-acts prior-difficulties-evidence standard-of-review state-argument trial-court trial-court-discretion trial-procedure waiver | This Court has not enunciated a general rule regarding what questions may be taken and resolved for the first time on appeal when a party fails to pre… |
| 19-5006 | Peter J. Rosato v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-07-01 | Denied | Response WaivedIFP | civil-procedure civil-rights confrontation-clause confrontation-right constitutional-waiver criminal-procedure deposition deposition-testimony depositions due-process knowingly-intelligent-waiver right-to-be-present video-deposition waiver | DOES A WAIVER OF A CITIZENS CONSTITUTIONAL RIGHT HAVE TO APPEAR ON THE RECORD EITHER WRITTEN OR ORALLY IN ORDER TO ESTABLISH A KNOWNING, INTELLIGENT, … |
| 18-9764 | Adnan Ibrahim Harun A. Hausa v. United States | Second Circuit | 2019-06-24 | Denied | Response WaivedIFP | 6th-amendment circuit-court-conflict circuit-split faretta faretta-inquiry pro-se pro-se-representation right-to-counsel sixth-amendment waiver waiver-of-counsel | 1. Should a petition for writ of certiorari be granted to resolve a conflict between the Second and Eleventh Circuit Courts of Appeal on whether a def… |
| 18-9743 | Hollins Tizeno v. Gerald Janda, Warden | Ninth Circuit | 2019-06-20 | Denied | Response WaivedIFP | civil-procedure district-court due-process habeas-corpus judicial-discretion legal-procedure procedural-default standing sua-sponte waiver | Whether a district court may sua sponte raise a waived procedural default defense and, if so, under what circumstances is it appropriate to do so. |
| 18-1543 | Michael A. Katz, Individually and on Behalf of All Others Similarly Situated v. Cellco Partnership, dba Verizon Wireless | Second Circuit | 2019-06-14 | Denied | Response RequestedResponse WaivedRelisted (2) | arbitration-act arbitration-stay article-iii civil-procedure consent constitutional-rights due-process federal-arbitration-act federal-courts fifth-amendment judicial-review standing voluntary-consent waiver wellness-international-network-v-sharif | 1. Whether Federal Arbitration Act ("FAA") § 3 requires the district court to stay the action after it compels arbitration of all claims and a stay is… |
| 18-9363 | Michael Lee Robinson v. Florida | Florida | 2019-05-21 | Denied | IFP | capital-sentencing constitutional-waiver due-process eighth-amendment equal-protection federal-constitutional-rights hurst-rule penalty-jury retroactivity waiver | 1. Can a defendant in a state capital sentencing proceeding voluntarily, knowingly, and intelligently waive a federal constitutional right that was bo… |
| 18-9256 | Zeeshan Khalid Syed v. United States | Sixth Circuit | 2019-05-15 | Denied | Response WaivedIFP | affidavit certificate-of-appealability civil-procedure civil-rights counsel-affidavit court-discretion due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel pro-se reasonableness-of-counsel standing waiver waiver-doctrine writ-of-certiorari | Q1. When a pro-se files for a COA and discuss his claim extensively in his argument, can the Court construe the issue as being waived? Q2. When the C… |
| 18-1415 | ASARCO LLC v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC | Ninth Circuit | 2019-05-10 | Denied | arbitration-authority arbitrator-authority arbitrator-jurisdiction circuit-split civil-procedure collective-bargaining collective-bargaining-agreement contract-interpretation due-process judicial-review labor-arbitration labor-law no-add-provision remedial-limits remedial-power scope-of-authority waiver | 1. Whether a collective bargaining agreement ("CBA") that expressly states "[t]he arbitrator shall not have jurisdiction or authority to add to, detra… | |
| 18-1405 | Robert N. Taylor, III v. United States | Third Circuit | 2019-05-08 | Denied | Response Waived | civil-rights constitutional-rights due-process first-amendment good-faith income-tax standing tax tax-liability waiver waiver-of-rights | Whether a citizen who is standing upon his constitutionally protected rights can be compelled, against his good faith understanding of his liability u… |
| 18-8915 | Jonathan Zepeda v. United States | Ninth Circuit | 2019-04-19 | Denied | Response WaivedIFP | 18-usc-3006a appellate-waiver criminal-procedure criminal-procedure-appeal due-process fifth-amendment independent-counsel judicial-manipulation sentencing sixth-amendment standing waiver | As matters of first impression: Whether a n individual 's challenge to the constitutionality of his sentence and case proceedings in a criminal prose… |
| 18-8865 | Marvin Lopez-Aguilar v. United States | Tenth Circuit | 2019-04-17 | Denied | Response WaivedIFP | appellate-review circuit-conflict collateral-attack collateral-challenge conviction criminal-procedure district-court forfeiture government-enforcement government-forfeiture habeas-corpus waiver | Does the government forfeit its right to enforce a defendant's waiver of a collateral challenge to his conviction by failing to raise the waiver issue… |
| 18-8804 | Carlos Antonio Raymond v. Martin Joseph Roy, et al. | Texas | 2019-04-12 | Denied | Response WaivedRelisted (3)IFP | appeal appellate-review civil-procedure civil-rights constitutional-rights due-process judicial-discretion manifest-injustice plea-bargain standing trial-procedure waiver waiver-consent | Did the District (Trial) Court err in Allowing trial to proceed without firstobtaining A written WAIVER consent from Pfitib ner,Plaintiff? Was the op… |
| 18A1004 | Marcus Davis v. Universal American Mortgage Company, LLC, et al. | Fourth Circuit | 2019-04-02 | Presumed Complete | appellate-review district-court foreclosure judicial-procedure pro-se waiver | Question not identified. | |
| 18-8514 | Jonathan Leroy Homedew v. United States | Eighth Circuit | 2019-03-22 | Denied | Response WaivedIFP | abuse-of-discretion co-defendant co-defendants criminal-procedure district-court due-process judicial-discretion plea-arrangement plea-bargaining procedural-rights right-to-be-present speedy-trial waiver | Whether Petitioner waived Speedy Trial Rights based on Co-defendants Plea arrangements Whether Petitioner had rights to be present at all tribunal pr… |
| 18-8439 | Richard Larry Lacey v. Oregon | Oregon | 2019-03-18 | Denied | Response WaivedIFP | courtroom-removal defendant-misconduct forfeiture misconduct right-to-representation self-representation sixth-amendment trial-rights waiver waiver-forfeiture | Does a self-represented defendant waive or forfeit his Sixth Amendment right to representation, when the defendant intentionally engages in misconduct… |
| 18-8387 | Delmart E. J. M. Vreeland, II v. David Zupan, Warden, et al. | Tenth Circuit | 2019-03-12 | Denied | Response WaivedIFP | conflicting-rulings defendant-rights due-process forfeiture implied-waiver intelligent judicial-discretion knowing right-to-counsel trial-court-procedure voluntary waiver waiver-of-counsel | Whether a trial court violates this Court's requirement that any waiver of counsel be knowing, voluntary and intelligent when it forces a defendant to… |
| 18-8349 | Daverne Michael Foy v. United States | Fifth Circuit | 2019-03-08 | Denied | Response WaivedIFP | appeal appeal-waiver civil-rights criminal-procedure due-process judicial-proceedings plain-error sentencing sentencing-guidelines substantial-rights waiver | 1. In Rosales-Mireles, this Court struck down the court of appeals' heightened "shock the conscience" standard for a Rule 52(b) plain error review, an… |
| 18-1156 | Morgenthau Venture Partners, LLC, et al. v. Robert A. Kimmel | Florida | 2019-03-06 | Denied | appellate-review arbitration blanket-order circuit-split federal-arbitration-act kpmg-llp-v-cocchi motion-to-compel prejudice prejudice-standard standing waiver waiver-defense | 1) Whether the Florida court of appeal's one-word refusal to compel arbitration disregards this Court's decision in KPMG LLP v. Cocchi, 565 U.S. 18 (2… | |
| 18-8273 | Cecilio Cuero Payan v. United States | Eleventh Circuit | 2019-03-06 | Denied | IFP | conflict-free-attorney conflict-of-interest criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-counsel sixth-amendment waiver | Whether, under the sixth amendment, a criminal defendant may waive his right to raise a claim of ineffective assistance of counsel as part of a plea-a… |
| 18-8292 | Julius Greer v. United States | Third Circuit | 2019-03-05 | Denied | IFP | circuit-split crime-of-violence criminal-procedure forfeiture judicial-review motion-to-dismiss plain-error-review speedy-trial-act standard-of-review waiver | What is the correct standard of review for a Speedy Trial Act violation where a motion to dismiss under the Act was filed, but the particular time per… |
| 18-8183 | Gregory Frank Sperow v. United States | Ninth Circuit | 2019-03-01 | Denied | Response WaivedIFP | appeal-waiver civil-procedure due-process fifth-amendment fundamental-fairness government-breach government-misconduct plea-agreement property-rights rule-11 waiver waiver-provision | Whether the government can breach a Rule .11(c)(1)(C) plea agreement concerning the return of seized properties and then rely on the agreement's waive… |
| 18-8119 | Walter Douglas Jenkins v. Israel Hamilton, Warden | Fourth Circuit | 2019-02-26 | Denied | Response WaivedIFP | civil-rights constitutional-law criminal-procedure due-process habeas-corpus ineffective-counsel standing waiver | Question not identified. |
| 18-1071 | Brandi K. Stokes v. Timothy Martin Sulak | Fifth Circuit | 2019-02-19 | Denied | Response Waived | civil-rights due-process geneva-conventions international-law legal-notice prisoner-of-war procedural-waiver standing treaty-interpretation waiver war-crimes | Whether rights secured by the Geneva Conventions can be waived by inadequate briefing or late notice. |
| 18-1069 | Diebold Foundation, Inc., Transferee v. Commissioner of Internal Revenue | Second Circuit | 2019-02-15 | Denied | circuit-split commissioner-notice jurisdictional-issue second-circuit statutory-interpretation tax-appeals tax-court-jurisdiction tax-liability tax-notice tax-procedure tax-year taxable-year waiver | 1. Whether the Tax Court lacks jurisdiction to consider and determine a liability for an incorrect taxable year when it does not have jurisdiction ove… | |
| 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. |
| 18-7698 | Lawrence Andrew Ingram v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-01-31 | Denied | Response WaivedIFP | appellate-review constitutional-rights contemporaneous-objection criminal-procedure criminal-procedure-appeal-evidence-waiver-contempo definitive-ruling evidence habeas-corpus ineffective-assistance trial-procedure waiver | DOES TRIAL COUNSEL WAIVE A DEFENDANT'S RIGHT TO APPELLATE REVIEW OF AN ERRONEOUS RULING ON EVIDENCE IF COUNSEL CHOOSES NOT TO OBJECT TO THE RULING WHE… |
| 18-7506 | Jonathan Glen Turner v. United States | Ninth Circuit | 2019-01-18 | Denied | Response WaivedIFP | circuit-split criminal-procedure dilatory-conduct due-process manipulative-conduct obstreperous-conduct right-to-counsel sixth-amendment waiver | Should this Court grant the petition for writ of certiorari to resolve the circuit split of whether a defendant may waive his Sixth Amendment right to… |
| 18-7390 | Martin R. Stancik v. United States | Sixth Circuit | 2019-01-14 | Denied | Response WaivedIFP | appeal appeal-waiver circuit-split constitutional-error constitutional-law criminal-procedure due-process sentencing sixth-circuit waiver | Whether a criminal defendant's waiver of his right to appeal a sentence includes a waiver of the right to appeal a later, unforeseen constitutional du… |
| 18-7313 | Lewis Templeton v. United States | Tenth Circuit | 2019-01-08 | Denied | Response WaivedIFP | criminal-procedure drug-crimes firearms sentencing spatial-connection sufficiency-of-evidence u.s.s.g.-2k2.1(b)(6)(b) waiver | Whether the Tenth Circuit correctly concluded that Mr. Templeton had waived his argument that the evidence was insufficient to support increasing Mr. … |
| 18-7164 | Nathan Daniel Knuth v. Randall C. Arp, Judge, District Court for the First Judicial District of Colorado, et al. | Colorado | 2018-12-21 | Denied | Response WaivedIFP | appeal appellate-review civil-procedure constitutional-rights dismissal due-process evidentiary-hearing judicial-discretion procedural-fairness standing waiver | Whether the Colorado Court of Appeals violated Mr. Knuth's constitutional rights to due process when it "struck" his opening brief and dismissed the a… |
| 18-7078 | Joseph O'Shaughnessy, aka Joseph D. O'Shaughnessy v. United States | Ninth Circuit | 2018-12-18 | Denied | Response WaivedIFP | appellate-review appellate-waiver criminal-procedure due-process involuntary-plea judicial-review ninth-circuit-procedure plea-bargaining plea-voluntariness voluntariness waiver | The petitioner (criminal defendant below) claimed that his plea was involuntary, so therefore his appellate waiver was involuntary. The District Court… |
| 18-7083 | Sylvia Ogbenyeanu Walter-Eze, aka Sylvia O. Okam v. United States | Ninth Circuit | 2018-12-18 | Denied | Response WaivedIFP | conflict-of-interest constitutional-standards constructive-denial-of-counsel counsel-conflict critical-stage fundamental-fairness ninth-circuit presumed-prejudice structural-error waiver | Whether, when the Court of Appeals of the Ninth Circuit, found that "both the threat of fees and the threat of potential sanctions created a conflict … |
| 18-6946 | Sergio Louis Trevino v. Texas | Texas | 2018-12-06 | Denied | Response WaivedIFP | appeal appeal-rights constitutional-challenge criminal-procedure due-process plea-bargaining presentencing-waiver right-to-appeal sentencing sentencing-procedure waiver waiver-of-appeal waiver-validity | Constitutionally, when a presentencing waiver of appeal is not bargained for in exchange for an agreed upon sentence, can that waiver be knowingly and… |
| 18-6906 | David E. Miller v. Tony Parker, Commissioner, Tennessee Department of Correction, et al. | Sixth Circuit | 2018-12-03 | Denied | IFP | coercion cruel-and-unusual-punishment death-penalty eighth-amendment ex-post-facto execution-method lethal-injection waiver waiver-of-rights | (1) When an inmate alleges that both his original and later-imposed punishments for the same crime violate the Eighth Amendment but the later-imposed … |
| 18-6836 | Carlos Dagoberto Rivas v. Sherman Spearman, Warden | Ninth Circuit | 2018-11-27 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment interrogation interrogation-waiver miranda miranda-rights self-incrimination waiver | Does the State meet its burdens of showing that it clearly informed a criminal defendant of his Miranda rights and that a defendant validly waived the… |
| 18-697 | Tony Von Carruthers v. Tony Mays, Warden | Sixth Circuit | 2018-11-27 | Denied | argersinger-v-hamlin capital-case capital-punishment criminal-defendant criminal-procedure due-process faretta-v-california pro-se-representation right-to-counsel sixth-amendment waiver | Does depriving a criminal defendant of trial counsel against his will, without at least the warnings and voluntary waiver required by Faretta, violate… | |
| 18-656 | Johnathan Hall, Director, Kentucky Department of Corrections, Division of Probation and Parole v. William O. Ayers | Sixth Circuit | 2018-11-21 | Denied | 28-usc-2254 experienced-criminal-defense-attorney experienced-criminal-trial-attorney federal-habeas-review federal-review habeas-corpus right-to-counsel sixth-amendment state-court-decision uncounseled-defendant waiver | Was federal habeas relief improperly granted when, without basis in this Court's clearly established precedent, the federal court disregarded the dete… | |
| 18-6746 | Joseph Haymore, et al. v. United States | Ninth Circuit | 2018-11-21 | Denied | Response WaivedIFP | appeals appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure judicial-precedent severance severance-motion waiver waiver-rule | Whether failure to renew a severance motion at the close of evidence waives the issue, such that it precludes appellate review. Only the Ninth Circuit… |
| 18-6695 | Zafar Mehmood v. United States | Sixth Circuit | 2018-11-16 | Denied | Response WaivedIFP | appellate-review court-interpreters-act due-process judicial-procedure plain-error plain-error-standard right-to-interpreter sixth-amendment statutory-interpretation statutory-procedures waiver waiver-of-right-to-interpreter | Whether the plain error standard applies to appellate review of a claim that the district court's acceptance of a waiver by defense counsel of his cli… |
| 18-6582 | Kareem Glass v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset | Third Circuit | 2018-11-06 | Denied | Response WaivedIFP | appellate-procedure appellate-rights capital-punishment constitutional-rights death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel mitigating-circumstances penalty-phase sixth-amendment waiver waiver-of-rights | WHERE CAPITAL COUNSEL INDUCED PETITIONER INTO A WAIVER OF HIS ENTIRE PENALTY PHASE AND A WAIVER OF HIS APPELLATE RIGHTS IN RETURN FOR A GUARANTEED LIF… |
| 18-6434 | Craig Martin Shults v. United States | Ninth Circuit | 2018-10-25 | Denied | Response WaivedIFP | appeals appellate-review civil-procedure criminal-procedure due-process federal-rules-of-criminal-procedure ninth-circuit precedent rule-52(b) severance severance-motion waiver waiver-rule | Whether failure to renew a severance motion at the close of evidence waives the issue, such that it precludes appellate review. Only the Ninth Circuit… |
| 18-6417 | Derrick Wilson v. United States | Second Circuit | 2018-10-24 | Denied | Response WaivedIFP | faretta-v-california faretta-waiver Fifth-Amendment-due-process Fourth-Amendment Franks-v-Delaware johnson-v-zerbst pro-se-representation right-to-counsel sixth-amendment sixth-amendment-right United-States-v-Giordano voluntariness waiver wiretap-application | When (a) trial counsel informs the court that he is not prepared for trial; and (b) the court's Faretta colloquy does not inquire into the voluntarine… |
| 18-495 | Morris & Associates, Inc. v. John Bean Technologies Corporation | Federal Circuit | 2018-10-17 | Denied | claim-construction due-process equitable-estoppel federal-circuit implied-license judicial-procedure patent patent-claims patent-infringement patent-law reexamination scotus-precedent waiver | In Petrella v. Metro-Goldwyn-Meyer, Inc., 134 S.Ct. 1962 (2014), and SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC, 137 S.Ct. 954 (2… | |
| 18-6005 | Trayon L. Williams v. United States | Tenth Circuit | 2018-09-17 | Denied | IFP | appellate-procedure causation-element circuit-split claim-preservation criminal-procedure-waiver-forfeiture forfeiture preservation-of-issues preserved-claim standard-of-review sua-sponte-ruling violent-crime-definition violent-force-element waiver waiver-principles | I. When the government agrees that a claim was properly preserved below, can a court of appeals sua sponte hold the claim forfeited, then dismiss the … |
| 18-325 | Thomas F. Gehrmann, et al. v. United States | Tenth Circuit | 2018-09-13 | Denied | Response Waived | appellate-review exculpatory-evidence fourth-amendment franks-doctrine franks-v-delaware material-omissions probable-cause search-warrant standard-of-review waiver | Pursuant to Franks v. Delaware, 438 U.S. 154 (1978), the Fourth Amendment is violated where law enforcement intentionally or recklessly includes false… |
| 18-5909 | Barry Soldridge v. Lawrence Mahally, Superintendent, State Correctional Institution at Dallas, et al. | Third Circuit | 2018-09-06 | Denied | IFP | certificate-of-appealability due-process habeas-corpus ineffective-assistance post-conviction post-conviction-relief waiver | Whether the district court erred in failing to find that the state court entered a decision that was unreasonable in light of the full record, and whe… |
| 18-5679 | William J. O'Brien, III v. United States | Third Circuit | 2018-08-21 | Denied | Response WaivedIFP | criminal-procedure due-process right-to-counsel self-representation sixth-amendment trial-court trial-procedure waiver waiver-of-counsel | Was not William O'Brien, III denied his Sixth Amendment Right to counsel when the trial court refused to appoint a lawyer for him at the hearing at wh… |
| 18-5656 | Venise Metayer v. Florida | Florida | 2018-08-20 | Denied | IFP | constitutional-rights counsel-misadvice counsel-role due-process illegal-sentence ineffective-assistance plea-agreement plea-bargaining sentencing trial-court-denial waiver waiver-of-rights | I. WERE THE PETITIONER'S CONSTITUTIONAL RIGHTS VIOLATED WHEN THE TRIAL COURT DENTED HER MOTION FOR ILLEGAL SENTENCE BASED UPON THE PETITIONER'S REFERE… |
| 18-202 | Haynes Timberland, Inc. v. United States | First Circuit | 2018-08-15 | Denied | Response Waived | appeal-waiver collateral-attack criminal-procedure direct-appeal due-process plea-agreement plea-bargaining pre-sentence-waiver sentencing waiver waiver-of-rights | Whether a defendant, by executing a pre-sentence waiver of the right to a direct appeal of his conviction and sentence, implicitly waives his right to… |
| 18-5424 | Patsy N. Sakuma v. Association of Apartment Owners of the Tropics of Waikele, et al. | Ninth Circuit | 2018-08-01 | Denied | Response WaivedRelisted (2)IFP | 42-usc-1983 42-usc-1985 circuit-split civil-procedure civil-rights civil-rights-claim due-process hypothetical-jurisdiction jurisdictional-waiver merits-question rooker-feldman rooker-feldman-doctrine standing sua-sponte waiver | Whether the United States Court of Appeals for the Ninth Circuit properly applied waiver on appeal as a new exception to bypass the Rooker-Feldman jur… |
| 18-125 | Miriam Grussgott v. Milwaukee Jewish Day School, Inc. | Seventh Circuit | 2018-07-27 | Denied | Response RequestedResponse WaivedRelisted (2) | ada church-governance civil-rights employment-discrimination first-amendment grussgott hosanna-tabor ministerial-exception non-discrimination non-discrimination-policy religious-institution waiver waiver-doctrine | Does the definition of "religious institution" in the two prong test for "ministerial exception" in Hosanna-Tabor Evangelical Lutheran Church and Sch.… |
| 18-113 | Jeremiah Rodgers v. Florida | Florida | 2018-07-25 | Denied | Amici (1) | constitutional-rights death-penalty due-process hurst-v-florida jury-trial jury-waiver retroactivity sentencing-procedure sixth-amendment waiver | Does waiving a state-law right to have a jury make an advisory sentencing recommendation constitute a knowing and intelligent waiver of the federal co… |