| 24-5342 |
In Re Richard J. Ramsey |
|
2024-08-20 |
Denied |
Relisted (2)IFP |
constitutional-rights court-martial due-process jury-trial sixth-amendment waiver-of-rights |
WHETHER WAIVING JURY TRIAL IS CONSTITUIONAL UNDER THE 6™ AMENDMENT, WHEN THE 6™ AMENDMENT DID NOT SECURE TRIAL BY JURY AS A RIGHT, WHICH CONSEQUENTLY … |
| 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… |
| 23-1113 |
Atishma Kant, et al. v. Service Employees International Union, Local 721, et al. |
Ninth Circuit |
2024-04-12 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
affirmative-consent collective-bargaining compelled-speech first-amendment labor-union labor-unions public-employee public-sector waiver-of-rights |
Public sector labor unions cannot use state law to take money from a nonmember public employee's lawfully earned wages for use in political speech unl… |
| 23-1111 |
Glenn Laird v. United Teachers Los Angeles, et al. |
Ninth Circuit |
2024-04-12 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
compelled-speech consent first-amendment nonmember-employees public-sector-labor public-sector-unions union-dues waiver-of-rights |
The First Amendment prohibits public sector labor unions from using state law to divert money from a public employee's lawfully earned wages unless th… |
| 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 … |
| 23A713 |
Richard Lee Tabler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-02-01 |
Presumed Complete |
|
agency-duties death-penalty ineffective-assistance procedural-default state-habeas waiver-of-rights |
Question not identified. |
| 23-6187 |
Jamar Green v. United States |
Fourth Circuit |
2023-12-07 |
Rehearing |
Response RequestedResponse WaivedRelisted (3)IFP |
appellate-review constitutional-validity criminal-procedure due-process federal-criminal-procedure guilty-plea plea-bargaining pro-se-representation right-to-counsel sentencing waiver-of-counsel waiver-of-rights |
1. Whether an uncounseled felony guilty plea is Constitutionally valid when
the defendant was not properly warned by the trial court of the perils of
… |
| 23-6069 |
Jeremie Saintvil v. United States |
Eleventh Circuit |
2023-11-21 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
bank-fraud constitutional-law constitutional-permissibility criminal-charging criminal-law double-jeopardy due-process fundamental-constitutional-rights statutory-interpretation waiver-of-rights |
1. Whether the two bank fraud
subsections of 18 U.S.C. § 1344 are
separate and distinct offenses that
require charging in separate counts?
2. Whether… |
| 23-5730 |
Blaise Caroleo v. United States |
Second Circuit |
2023-10-06 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing sentencing-scheme statutory-interpretation waiver-of-rights |
1. Whether a waiver of the protections against cruel and unusual punishment afforded to a defendant under the Eighth Amendment is valid and enforceabl… |
| 23-5671 |
Oscar Hernandez Maldonado v. United States |
Fourth Circuit |
2023-09-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure cultural-assimilation downward-departure expert-testimony ineffective-assistance-of-counsel presentence-report sentencing waiver-of-rights |
Whether the United States Court of Appeals properly affirmed the trial court's determination that the defendant was denied effective assistance of cou… |
| 23A129 |
Cuhuatemoc Peraita v. Alabama |
Alabama |
2023-08-16 |
Presumed Complete |
|
capital-punishment extraneous-prejudicial-information jury-impartiality mitigation-evidence sixth-amendment waiver-of-rights |
Question not identified. |
| 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 … |
| 22-7245 |
Paul DiBiase v. United States |
Second Circuit |
2023-04-10 |
Denied |
Response WaivedIFP |
armed-career-criminal due-process plea-agreement post-conviction post-conviction-review sentencing sentencing-enhancement violent-felony waiver-of-rights |
Petitioner was sentenced as an Armed Career Criminal (ACC) over his protests that he did not have three prior violent felony convictions as required f… |
| 22-575 |
William S. Toppi v. Massachusetts |
Massachusetts |
2022-12-21 |
Denied |
Response Waived |
constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias massachusetts-appeals-court-rule-23.0 plea-waiver procedural-due-process recusal waiver-of-rights |
1. Whether the sentencing judge and defense counsel were required to recuse themselves after exhibiting clear bias relating to Defendant's case.
2. W… |
| 22-536 |
Eliezer Alberto Jimenez v. United States |
Sixth Circuit |
2022-12-12 |
Denied |
|
constitutional-rights criminal-procedure guilty-plea habeas-corpus miscarriage-of-justice unconstitutional-conditions waiver-of-rights |
This case presents a recurring constitutional question of exceptional importance. The Court has said in a variety of contexts that "the government may… |
| 22-310 |
A. W., et al. v. Princeton Public Schools Board of Education, et al. |
Third Circuit |
2022-10-03 |
Denied |
Relisted (3) |
civil-rights educational-placement educational-placement-and-settlement-agreement federal-court individuals-with-disabilities-education-act procedural-safeguards special-education state-law waiver-of-rights |
1. May a school district condition its provision of
special education and related services to a disabled
child under the Individuals with Disabiliti… |
| 22-5649 |
Graylin Gray v. Scott R. Frakes, Director, Nebraska Department of Corrections, et al. |
Nebraska |
2022-09-22 |
Denied |
Response WaivedIFP |
arraignment court-filing criminal-procedure due-process personal-jurisdiction service-of-process subject-matter-jurisdiction waiver-of-rights |
The amended information was not filed when petitioner appeared in
court for arraignment and waived reading of the 12 count amended information
and a… |
| 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 … |
| 21-1367 |
Amy Nichols-Stuart v. County of Amador, California, et al. |
California |
2022-04-21 |
Denied |
|
child-welfare civil-procedure civil-rights dependency-proceeding dependency-proceedings drunk-driving due-process familial-association jurisdictional-report standing waiver-of-rights |
Does a parent who in a state court dependency proceeding submitted to jurisdiction on a staff pre-pared jurisdictional report and did not submit on a … |
| 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 … |
| 21-6630 |
Daniel A. Rodriguez v. United States |
Eleventh Circuit |
2021-12-16 |
Denied |
Relisted (2)IFP |
28-usc-455 appeal appellate-rights criminal-procedure due-process federal-statute guilty-plea judicial-recusal recusal waiver-of-rights |
Whether an unconditional guilty plea waives a federal criminal defendant's right to appeal a district court's failure to recuse under 28 U.S.C. § 455(… |
| 21-6405 |
Ashley McArthur v. Florida |
Florida |
2021-11-24 |
Denied |
IFP |
5th-amendment 6th-amendment criminal-procedure custodial-interrogation due-process fifth-amendment involuntary-confession law-enforcement miranda-rights self-incrimination waiver-of-rights |
Whether a law enforcement officer's minimization/downplaying of a defendant's rights set forth in Miranda v. Arizona, 384 U.S. 436 (1966), renders a s… |
| 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… |
| 21-6109 |
Jackie Harris v. United States |
Eighth Circuit |
2021-10-28 |
Denied |
Response WaivedIFP |
constitutional-rights due-process fourth-amendment judicial-authority probable-cause reasons-for-granting search-warrant statutory-interpretation waiver-of-rights |
1. When a lower Court removes a waiver and assigns counsel for appeal, then
by asserting the waiver, they had removed, covers under its scope the deni… |
| 21-293 |
Vincent Alphonso Powell v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-08-30 |
Denied |
Response Waived |
civil-rights competency competency-hearing constitutional-rights due-process forcible-medication mental-health panel-decision precedent standing waiver-of-rights |
1. Did Powell make a substantial showing that he was entitled to a competency hearing under 28 U.S.C. § 2254(c)(2)?
2. Did Powell make a substantial … |
| 20-8442 |
Luckner Pierre v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-06-28 |
Denied |
Response WaivedIFP |
access-to-court certificate-of-appealability civil-procedure due-process language-assistance language-barrier mental-competency miranda-rights procedural-due-process standing waiver-of-rights |
Whether the U.S. Court of Appeal for the 11th Circuit denied the Petitioner his Procedural Due Process Right and access to Court when it declined to g… |
| 20-7182 |
Anton Tuomi v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-02-19 |
Denied |
Response WaivedIFP |
appellate-procedure conflict-of-interest faretta-rights faretta-v-california guilty-plea ineffective-assistance ineffective-assistance-of-counsel right-to-counsel waiver-of-rights |
Issue 1: Whether the appellate court erred in concluding that petitioner was not denied his right to counsel when the state court accepted petitioner'… |
| 20-6521 |
Hector Valdez v. United States |
First Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review criminal-procedure first-step-act retroactivity sentencing statutory-interpretation waiver-of-rights |
If a defendant waives the right to appeal a sentence and the waiver takes place before the passage of the First Step Act and the defendant is sentence… |
| 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 … |
| 20-5089 |
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… |
| 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… |
| 19-6746 |
Michael Anthony Mitchell v. United States |
Fourth Circuit |
2019-11-25 |
Denied |
Response WaivedIFP |
appellate-review due-process equal-protection fair-hearing ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-disparities sentencing-disparity sentencing-review unwarranted-sentence waiver-of-rights |
Does a waiver of direct appeal rights and collateral rights excepting claims premised on ineffective assistance of counsel violate a defendant's "due … |
| 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… |
| 19-6376 |
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 … |
| 19-6387 |
Trent S. Griffin, Sr. v. American Zurich Insurance Company, et al. |
Fifth Circuit |
2019-10-24 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split civil-procedure default default-judgment pleading procedural-rules summary-judgment supervisory-power waiver-of-rights writ writ-of-mandamus writ-of-prohibition |
1. Rule 15(a)(3) provide the time a party must respond. Rule 55(a) authorizes the clerk to enter a default " when a party against whom a judgment for … |
| 19-5760 |
Aly Toure v. New York |
New York |
2019-08-29 |
Denied |
Response WaivedIFP |
appeal appellate-review civil-procedure civil-rights criminal-procedure due-process judicial-procedure mental-health standing supreme-court-precedent waiver-of-rights |
1. DID THE APPELMTE DIVISION VIOLATE CLEARLY ESTABLISHED FEDERAL
SUPREME COURT RATIFIED LAW ?
2. DID THE LOWER COURT OVERLOOK DEFENDANTS SIGNIFICANT… |
| 19-5355 |
Benny Ray Regalado v. United States |
Fifth Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
5th-amendment due-process fifth-amendment hearing-neutrality judicial-procedure neutral-hearing-body parole plea-bargaining probation probation-revocation revocation-hearing waiver-of-rights |
Whether a defendant waives his right, under the Due Process Clause of the Fifth Amendment, to a neutral and detached hearing body at his probation-rev… |
| 19-104 |
Flavio Tamez v. United States |
Fifth Circuit |
2019-07-22 |
Denied |
Response WaivedRelisted (2) |
appeal-waiver appellate-procedure certificate-of-appealability collateral-attack constitutional-effectiveness criminal-defendant-waiver due-process immigration-consequences ineffective-assistance ineffective-assistance-of-counsel jae-lee-v-united-states sentencing-consequences waiver-of-rights |
1. The courts of appeals are divided over whether a
criminal defendant's generic waiver of his right to appeal or bring a collateral attack can knowin… |
| 18-9642 |
Jeffrey Benton v. United States |
Second Circuit |
2019-06-12 |
Denied |
Response WaivedIFP |
appeal class-v-united-states criminal-procedure direct-appeal double-jeopardy face-of-the-record guilty-plea indictment united-states-v-broce waiver-of-rights |
1. Whether in light of Class v. United States, 138 S.Ct. 798 (2018), a defendant who enters an unconditional guilty plea and waives appeal, yet wishes… |
| 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… |
| 18-8846 |
Silvio Lopez Cuellar v. United States |
Eleventh Circuit |
2019-04-16 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court due-process plea-agreement plea-bargaining sentencing sentencing-appeal sentencing-guidelines statutory-interpretation waiver-of-rights |
Does a defendant's plea agreement waiver of the statutory right of a sentencing appeal preclude appellate review of the sentence even where the distri… |
| 18-8641 |
Willie Houston, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-01 |
Denied |
IFP |
constitutional-rights guilty-plea ineffective-assistance ineffective-assistance-of-counsel objective-record plea-bargaining postconviction-proceedings probation probation-eligibility record-of-trial trial-record unintelligent-waiver waiver-of-rights |
QUESTION ONE
IN A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL BASED ON TRIAL COUNSEL'S MISADVICE THAT PETITIONER WAS ELIGIBLE TO RECEIVE PROBATION WHE… |
| 18-8535 |
Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure defendant-representation due-process-violation ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal judicial-waiver jurisdiction prosecutorial-effectiveness prosecutorial-misconduct prosecutorial-overreach right-to-counsel trial-court-discretion waiver-of-constitutional-rights waiver-of-rights |
WHERE STATE STATUTES PROVIDE PRE-TRIAL REMEDIES FOR PROSECUTORIAL OVERREACHING BY INTERLOCUTORY APPEAL, DOES DEFENSE COUNSEL'S FAILURE TO PERFECT THAT… |
| 18-798 |
Joanna Joy Blauch v. Colorado |
Colorado |
2018-12-21 |
Denied |
Response WaivedRelisted (2) |
civil-procedure constitutional-rights due-process effective-assistance-of-counsel evidentiary-error evidentiary-standards exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington waiver-of-rights |
There is a growing sinkhole-sized need for some things to be simply clearer.
Does ruliltg the substantive nature of materially relevant documentary e… |
| 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 … |
| 18-6807 |
Larry M. Slusser v. United States |
Sixth Circuit |
2018-11-26 |
Denied |
IFP |
circuit-split collateral-attack criminal-procedure due-process plea-agreement sentencing statutory-maximum waiver-of-rights |
Whether a defendant's waiver of the right to collateral attack in a plea agreement bars a claim that the sentence exceeds the statutory maximum for th… |
| 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… |
| 18-5656 |
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… |