Petitions and applications docketed on December 23, 2025
type Caption Docket No Court Below Petitioner's Counsel Counsel's Address Recent Filings QP
paid Bobby MacBryan Green

v. Michael John May

25-745 Supreme Court of Tennessee, Eastern Division, No. E2024-00419-SC-R11-CV

Judgment: October 03, 2025

Bobby MacBryan Green 404 Holly Street

Johnson City, TN 37604

[Petition] [Appendix] [Certificate of Word Count] [Main Document]
Question(s) presentedQUESTION PRESENTED

The trial court has been placed in an unten- able position by aberrant appellate rulings. First, the intermediate appellate court issued a judgment and monetary sanctions against Petitioner despite the later adjudication by the trial court that the underly- ing order was never “final” or “effective.” Second, that same appellate court knowingly refused to recall its void mandate, applying an equitable “reliance” test designed for waivable personal jurisdiction de- fects to this non-waivable subject matter jurisdiction defect. Third, the Clerk of the State Supreme Court administratively rejected Petitioner’s timely, fee-paid application to appeal this refusal, on the grounds that the “case is closed.” Fourth, the Tennessee Supreme Court summarily refused to instruct the Clerk to file Petitioner’s proper application for appeal.

The question presented 1s:

Whether the Fourteenth Amendment’s Due Process Clause prohibits a state from maintaining a judicial system which (1) enforces a void judgment issued without subject matter jurisdiction, by em- powering a court clerk to block appellate review, and (2) thereby permanently deprives a litigant of vested property interests and monetary assets without a proceeding before a competent tribunal.

paid Carvin L. Thomas

v. Roberta Kustoff, Chairman, Tennessee Board of Parole

25-746 Sixth Circuit, No. 24-5637

Judgment: June 09, 2025

Paul Andrew Justice III The Justice Law Office

1902 Cypress Drive

Murfreesboro, TN 37130

[Petition] [Certificate of Word Count] [Main Document] [Main Document]
Question(s) presentedQUESTION PRESENTED 1. Does a parole applicant in Tennessee have a liberty interest based on the expectation of parole?
paid Matthew Cline

v. United States

25-747 Tenth Circuit, No. 24-1119, 24-1137

Judgment: August 21, 2025

John Vandermark Hoover Arnold & Porter Kaye Scholer LLP

601 Massachusetts Avenue, NW

Washington, DC 20001

[Main Document] [Lower Court Orders/Opinions] [Petition] [Appendix] [Certificate of Word Count] [Main Document] [Main Document] [Certificate of Word Count]
Question(s) presentedQUESTION PRESENTED

Petitioner Matthew Cline served as an intermediary in a scheme in which he received funds from a government agency and forwarded the vast majority of the money to the scheme’s ringleader. Although most of the money never came to rest with Cline, the Tenth Circuit interpreted 18 U.S.C. § 981(a)(1)(C) to require him to forfeit the full amount that traveled through his bank account, meaning that he was ordered to forfeit property transferred to a co-conspirator. In so holding, the Tenth Circuit joined four of its sister circuits and rejected the Ninth Circuit’s contrary rule that permits forfeiture only when the relevant property “came to rest” with the defendant.

The question presented is:

Whether under 18 U.S.C. § 981(a)(1)(C) a defendant may be ordered to forfeit property to the government that he transferred to a co-conspirator merely because it was at one point under his control.

(i)

paid Kevin McCarthy, Superintendent, Elmira Correctional Facility

v. Pedro Hernandez

25-748 Second Circuit, No. 24-1816

Judgment: July 21, 2025

Steven Chiajon Wu New York County District Attorney’s Office

1 Hogan Place

New York, NY 10013

[Main Document] [Lower Court Orders/Opinions] [Petition] [Appendix] [Certificate of Word Count] [Main Document]
Question(s) presentedQUESTIONS PRESENTED

The Antiterrorism and Effective Death Penalty Act (AEDPA) prohibits federal courts’ from invalidating a state conviction unless there is both a legal error violating clearly established federal law from this Court and a determination of prejudice that defers to state-court findings of harmless error. In this case, the U.S. Court of Appeals for the Second Circuit nullified a New York jury verdict convicting respondent Pedro Hernandez of the infamous 1979 kidnapping and murder of Etan Patz, based solely on the state trial judge’s purported failure to instruct the jury in accordance with Justice Kennedy’s controlling concurrence in Missouri v. Seibert, 542 U.S. 600 (2004). The questions presented are:

  1. Did the Second Circuit violate AEDPA by finding a state jury instruction invalid under Seibert, when this Court has never held that Seibert’s rule about pretrial suppression extends to jury deliberations?

  2. Did the Second Circuit violate AEDPA by finding that a single response by a state trial judge to a jury note necessarily infected the jury verdict, when the state courts found that there was more than sufficient evidence of the defendant’s guilt that was unaffected by the response?

(1)

paid Janssen Pharmaceuticals, Inc.

v. Robert F. Kennedy, Secretary of Health and Human Services

25-749 Third Circuit, No. 24-1821

Judgment: September 04, 2025

Kevin Franz King Covington & Burling LLP

One CityCenter

850 Tenth Street NW

Washington, DC 20001

[Main Document] [Lower Court Orders/Opinions] [Petition] [Appendix] [Certificate of Word Count] [Main Document] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count]
Question(s) presentedF QUESTIONS PRESENTED The “Medicare Drug Price Negotiation Program,” enacted in 2022, imposes new requirements for certain widely prescribed drugs. Under the Program, manufacturers must provide Medicare beneficiaries

“access” to covered drugs at below-market prices set

by the Centers for Medicare and Medicaid Services

(“CMS”) and sign “agreement[s]” describing those

prices as “negotiate[d]” “maximum fair price[s]” for

their drugs. 42 U.S.C. § 1320f-2(a). Manufacturers that do not comply with these requirements are subject to tens of billions in annual excise taxes or exclusion from Medicare and Medicaid, which together account for nearly half the U.S. drug market.

Petitioner Janssen Pharmaceuticals Inc. markets

Xarelto®, a drug selected by CMS for the Program.

Janssen alleged that the Program unlawfully compels

the company’s speech and effects a per se taking of the

company’s property. The Third Circuit rejected those claims, holding that the Program is lawful because participation is “voluntary.” Judge Hardiman dissented, concluding that the Program’s “enterprise- crippling” penalties unconstitutionally “force”

Janssen “to turn over’ its products on terms “set by

CMS” and “misrepresent” that 1t “negotiated” a “fair”

price for Xarelto®. The questions presented are:

  1. Does the Program violate the First Amendment by compelling Janssen to express the Government’s disputed messages regarding drug pricing?

  2. Does the Program effect a Fifth Amendment taking by forcing Janssen to transfer its Xarelto®

paid Calvin M. Costanza

v. Florida Marine Transporters, LLC

25-750 Court of Appeal of Louisiana, First Circuit, No. 2024 CA 0913

Judgment: April 17, 2025

John Maxwell Robin Law Offices John M. Robin

600 Covington Center

Covington, LA 70433

[Petition] [Appendix] [Certificate of Word Count] [Main Document] [Certificate of Word Count]
Question(s) presented1 QUESTION PRESENTED

Whether under 46 U.S.C.A. § 30104 (The Jones Act) relaxed causation standard, requiring only that the employer’s negligence play “any part, even the slightest, i.e. featherweight standard” in producing injury, applies to toxic tort claims involving scientific causation, or whether a plaintiff must meet the height- ened Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 1138 S.Ct. 2786, 125 L.Ed.2d 469 (1993) style requirement for dose response and threshold exposure evidence.

paid Bristol Myers Squibb Company

v. Robert F. Kennedy, Secretary of Health and Human Services

25-751 Third Circuit, No. 24-1820

Judgment: September 04, 2025

Noel John Francisco Jones Day

51 Louisiana Avenue, NW

Washington, DC 20001

[Main Document] [Lower Court Orders/Opinions] [Petition] [Appendix] [Certificate of Word Count] [Main Document] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count]
Question(s) presented1 QUESTIONS PRESENTED

As part of the Inflation Reduction Act of 2022, Con- eress created the “Medicare Drug Price Negotiation Program.” Under the Program, manufacturers of the Nation’s leading prescription medications must ex- pressly “agree” to sell selected products to Medicare beneficiaries at a below-market “maximum fair price.” If a manufacturer declines to do so, it incurs an “enter- prise-crippling” daily tax on all sales of the product that tops out at 1,900% of its total daily revenue. App.49a (Hardiman, J., dissenting). For petitioner Bristol Myers Squibb Company and its selected prod- uct Eliquis, that would mean up to $1 billion in daily hability. Other than “agreeing” to sell its product at a sovernment-dictated below-market price, the only way for a manufacturer to avoid this massive penalty is to withdraw every one of its medicines from both Medi- care and Medicaid—about half the American market.

A divided Third Circuit upheld the Program, rea- soning that participation in it is wholly “voluntary” be- cause a manufacturer can “choose” to avoid the IRA’s crippling taxes by withdrawing entirely from Medicare and Medicaid—thereby destroying its domestic busi- ness. The questions presented are:

  1. Whether the Program violates the Fifth Amend- ment’s Takings Clause by forcing manufacturers to sell medicines to Medicare beneficiaries at below-mar- ket prices.

  2. Whether the Program violates the First Amend- ment by compelling manufacturers to expressly “agree” with the government’s narrative that its dic- tated amount is the medicine’s “maximum fair price,” set through a voluntary negotiation.

ifp Phillip Michael Giles

v. Chadwick Dotson, Director, Virginia Department of Corrections

25-6417 Fourth Circuit, No. 24-7008, 24-7082

Judgment: April 15, 2025

Phillip Michael Giles 1897385

VADOC CENTRALIZED MAIL DISTRIBUTION CENTER

3521 Woods Way

State Farm, VA 23160

[Main Document] [Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presented| | | a a Be a | QUESTION(S) PRESENTED a | |. Wh ethee the Fouelh Ciecuit Count of Appeals erred | | oY ¥auling to [ssiue & Cork fieake Of cspyecsa.b| dy QS to Gams Land D@® of Rbibvencns Sechion 2154 prededion’ and, | 7 theraby , Stanclioned the disteicd cour\'s Summary dismasal OY Peldionerts Seetion R25 4 petition On motion to dismiss $ , | | | hk. Whethe folibioner Is entitled to an evidentiary hearing, , as to Clans Land Ne) of his Sechion IISA palition ® . , 3. Whether felilioner is entibled to a coelificale of 7 | Gpp eala bility 5 65 to Clams Land Ite) of ns Sechion | Z254 perition? | ;

| 11 - | |

ifp Joshua David Havins

v. United States

25-6418 Ninth Circuit, No. 23-896

Judgment: September 19, 2025

Martin Gerardo Molina Law Office of Martin G. Molina

185 West F Street

Suite 100

San Diego, CA 92101

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Certificate of Word Count] [Main Document]
Question(s) presentedQuestion Presented

Mr. Havins was convicted by a jury of being a person in possession of a firearm under 18 U.S.C. § 922(¢)(1). On appeal to the Ninth Circuit, he argued his conviction was unconstitutional under the Second Amendment. The Ninth Circuit in an unpublished decision of September 19, 2025, rejected his appeal, citing United States v. Duarte, 1387 F. 4th 743 (9th Cir. 2025) (en banc). Duarte’s petition for a writ of certiorari 1s currently pending before this Court, 25-425.

In the meantime, other circuit courts of appeals have been resolving similar constitutional challenges to subsections of Section 922(g). See, e.g., Range v.

Attorney General, 69 F.4th 96 (8d Cir. 2028) (en banc). Through the end of the past Term, various parties sought certiorari from this Court on these questions.

Last year, this Court recently issued its decision in United States v. Rahimi, 144 S. Ct. 1889 (2024), involving a Second Amendment challenge to Section 922(¢g)(8)(C)(i). The Court then granted seven certiorari petitions raising challenges to subsections of Section 922(g), vacated the court of appeals’ decisions, and remanded for further consideration in light of Rahimi. See, e.g., Garland v. Range, No. 23-374, 2024 WL 3259661 (U.S. July 2, 2024).

The question presented is: Should the Court grant the petition, vacate the judgment of the court of appeals, and remand for further consideration in light of the potential granting of a writ in Duarte or any other similar case?

1

ifp Tonnie Nealy

v. Donald Sawyer

25-6419 Eleventh Circuit, No. 24-10182

Judgment: May 21, 2025

Tonnie Nealy #5007481

FL Civil Commitment Center

13619 S.E. Highway 70

Arcadia, FL 34266

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presentedQUESTIONS PRESENTED 7 (1) Whether the 11th circuit failed to comply with this court's binding ruling in FARMER V. BRENNAN, 511 U.S. 825 (1994) in its final opinion, since the farmer ruling only requires petitioner Nealy (a civilly committed detainee) to produce circumstantial evidence showing that defendants respondents, (FCCC staff) knew of a serious risk of harm to Nealy from a violent mentally unstable civil detainee (RN), despite whether defendants (respondents) had knowledge or not that a risk of harm would actually occur to Nealy from civil detainee (RN), who has a long standing pervasive and well documented history of physically assaulting civil detainees and staff at Florida civil commitment center [FCCC], which risk of serious harm to petitioner Nealy from civil detainee "RN", was so obvious to defendants, by their review of incident reports of civil detainees [RN] detailing RN's prior assaults upon other civil detainee's and staff at FCCC and because defendants (respondents) had knowledge that RN had outside pending criminal charges for assaulting FCCC staff, prior to placing RN in the same dorm as petitioner Nealy, where RN physically assaulted Nealy and officer banks, causing Nealy's a physical injuries and pain? , (2) Whether defendants (Respondents) knowledge of RN's long and pervasive well documented history of physically assaulting civil detainees and staff at FCCC and defendants knowledge of RN's pending outside criminal charges for assaulting another staff at FCCC, prior to respondents placing RN in the same dorm with petitioner Nealy, resulting in RN physically assaulting petitioner Nealy and causing him physical injuries and pain, denied petitioner reasonable safety, which was not based upon a sound professional judgment, pursuant TO YOUNGBERG V. ROMEO 457 U.S. 307?
ifp In Re Ryan D. Mumme 25-6420 NA, No. —

Judgment: —

Ryan D. Mumme 738 Main St., Rm. 209

South Portland, ME 04106

[Motion for Leave to Proceed in Forma Pauperis] [Petition] NA
ifp William J. O’Brien, III

v. United States

25-6421 Third Circuit, No. 25-1639

Judgment: July 14, 2025

William J. O'Brien III #71915-066

FCI - Memphis

P.O. Box 34550

Memphis, TN 38184

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presented7 | QUESTION(S) PRESENTED = ee ) is a Writ of Audita Querela under 28 USC 1651, the "All Writs Act’, applicable where a defendant was | | : wrongly convicted prior to the Supreme Court's UNITED STATES v. RUAN/KHAN 142 S. Ct. 2370 (June 27,2022) Decision, and defendant now cannot file a Second of Successive 28 USC 2255, and because of the Supreme Court's decision in | JONES v. HENDRIX 143 S. Ct. 1857, 216 L. Ed. 2d 475 (June 22, 2023) where defendant is barred from relief froma 28 USC 2241 petition? , | | The RUAN/KHAN decision established that the statute of conviction did not cover the Physician's conduct. ; That claim is cognizable at habeas. Without a Second or Successive 28 USC 2255, nor a 28 USC 2241, | the "All Writs Act" under 28 USC 4651 does provide the needed relief with Audita Querela. 28 USC 1651 provides the right to habeas as guaranteed in the United States Constitution Article |, Section 9, Clause 2.. | . a ; .
ifp Kenneth J. O’Brien

v. United States District Court for the Northern District of Florida

25-6422 Eleventh Circuit, No. 25-10799

Judgment: June 03, 2025

Kenneth J. O'Brien 132005

Everglades CI

1599 SW 187th Avenue

Miami, FL 33194

[Main Document] [Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix]
Question(s) presentedQUESTION(S) PRESENTED 1. Were Florida Statutes, Chapters 794 and 800, under which Petitioner was arrested, charged, tried, convicted, sentenced and incarcerated, enacted in accordance with the strict mandates found in the Florida Constitution and Statutes? 2. Are Florida Statutes, Chapters 794 and 800 constitutionally valid, Statutes, or are they invalid, of no force or effect, and unconstitutional, from the effective date of October 1, 1974? | 3. Have the lower Courts erred, and violated the Florida and U.S. Constitutions’ protections against violation of due process and equal protection of the law, when the lower Courts failed to hear and rule on a constitutional question of law, as a

: matter of great public importance, with every lower Court ignoring the law and issue completely?

il V : |

ifp Ammar al Baluchi, aka Ali Abdul Aziz Ali

v. Pete Hegseth, Secretary of Defense

25-6423 District of Columbia Circuit, No. 23-5251

Judgment: June 17, 2025

Alka Pradhan Department of Defense

1620 Defense Pentagon

Washington, DC 20301

[Petition] [Certificate of Word Count] [Appendix] [Motion for Leave to Proceed in Forma Pauperis] [Main Document]
Question(s) presentedQUESTION PRESENTED

The Question Presented is:

Whether the Court of Appeals erred by denying jurisdiction over Petitioner’s appeal. In particular, did the Court of Appeals err by interpreting provisions of the Third Geneva Convention, incorporated by Army Regulation 190-8, to allow the United States discretion over the implementation of Mixed Medical Commission conclusions regarding sick and injured Guantanamo Bay detainees?

1

ifp Sherrod Goodspeed

v. United States

25-6424 Fifth Circuit, No. 25-10209

Judgment: September 19, 2025

Christy Posnett Martin Federal Public Defender-Northern District of Texas

525 S. Griffin Street

Suite 629

Dallas, TX 75202

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document] [Main Document]
Question(s) presentedQUESTIONS PRESENTED

I. Texas robbery may be committed by a reckless use of force merely incidental to the taking of property. Did the Fifth Circuit misapply the categorical approach by dismissing an elemental mismatch as a mere variation in terminology and misconstruing the mens rea required in the amended definition of robbery in the Guidelines, in finding that Texas robbery is a crime of violence.

Il. Whether 18 U.S.C. §922(¢g)(1) comports with the Second Amendment?

Ill. Whether 18 U.S.C. §922(¢g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional?

1

ifp Tyshon Thompson

v. Illinois

25-6425 Supreme Court of Illinois, No. 129965

Judgment: September 22, 2025

Douglas Robert Hoff Office of the State Appellate Defender

203 North LaSalle

24th Floor

Chicago, IL 60601

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presentedQUESTIONS PRESENTED FOR REVIEW
  1. Whether this Court’s language in footnote nine from New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1, 38 n. 9 (2022), allows courts to bypass Bruen’s mandated two- step historical analysis when addressing a second amendment challenge to so-called “shall issue” licensing regimes.

  2. Whether Illinois’ aggravated unlawful possession of a weapon statute (AUPW), which enforces Illinois’ dual licensing regime under the Concealed Carry Act by imposing criminal punishment, is unconstitutional under Bruen.

1

ifp In Re Tamas Hampel 25-6426 NA, No. —

Judgment: —

Tamas Hampel Hungary 1125 Budapest

Dios arok, XX 49d

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix]
Question(s) presentedQUESTION PRESENTED | Whether the United States Court of Appeals for the Third Circuit is required to : docket a timely filed petition for rehearing submitted pursuant to Federal Rule of Appellate Procedure 40, and whether its failure to do so denies Petitioner access to the appellate process and violates due process of law. : 2
ifp Devin Joe Smith

v. United States

25-6427 Fifth Circuit, No. 24-50622

Judgment: September 16, 2025

Shane O'Neal O’Neal Law

101 E. Avenue B

Alpine, TX 79830

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presented1 QUESTION PRESENTED Whether 18 U.S.C. § 922(g)(1), the federal statute that prohibits anyone who has been convicted of “a crime punishable by imprisonment for a term exceeding one year” from possessing a firearm, violates the Second Amendment either facially or as applied to individuals with convictions for non-violent offenses.
ifp Joshua A. Sottile

v. City of Portland, Oregon

25-6428 Court of Appeals of Oregon, No. A178514

Judgment: December 11, 2024

Peter Graham Klym Oregon Public Defense Commission

1175 Court Street NE

Salem, OR 97301

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presentedQUESTION PRESENTED Whether a law that criminalizes carrying a loaded firearm in public, subject to exceptions raised only as affirmative defenses, violates the Second Amendment to the United States Constitution.
ifp Georgiy Chipunov

v. United States

25-6429 Ninth Circuit, No. 23-2046

Judgment: April 14, 2025

Jessica Agatstein Federal Defenders of San Diego, Inc.

225 Broadway Ste. 900

San Diego, CA 92101

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Certificate of Word Count] [Appendix] [Appendix] [Main Document]
Question(s) presentedQUESTION PRESENTED

In Counterman v. Colorado, 600 U.S. 66, 73 (2023), the Court clarified that, to comply with the First Amendment’s protections, prosecutors “must prove in true- threats cases that the defendant had some understanding of his statements’ threatening character.” Since then, almost all courts have rejected defendants’ facial overbreadth challenges based on Counterman’s true-threat doctrine, instead considering as-applied challenges to specific prosecutions and specific threats. The Ninth Circuit has, alone, taken the opposite tack. It has continued to reject as- applied challenges, instead requiring defendants to bring facial challenges under Counterman.

The question presented is: To state a claim under the First Amendment’s true-threat doctrine, must a criminal defendant bring a facial challenge to the statute with which he is charged?

prefix

ifp Jesse Michael Holliday

v. California

25-6430 Court of Appeal of California, Third Appellate District, No. C016752

Judgment: October 19, 1994

Jesse Michael Holliday PO Box 781035

Orlando, FL 32878

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix]
Question(s) presentedas : \ Questions Presented
  1. Whether the due process rights of the petitioner were violated when he was subjected to multiple pretrial assaults/batteries/maiming by deputies acting under color of judicial authority, without redress or protection from the trial court.
  2. Whether a judge who authorized or ordered multiple violent assaults on a pretrial detainee by sheriff’s deputies forfeits jurisdiction to proceed over that defendant’s criminal case, or to command a separate Judge to perform in His place.
  3. Whether the refusal of state courts to review overwhelming evidence of judicial misconduct and unconstitutional treatment of a pretrial detainee constitutes a denial of due process and equal protection under state and Federal Laws.

I

ifp Edin Anael Solis-Rodriguez

v. United States

25-6431 Fourth Circuit, No. 22-4654

Judgment: July 23, 2025

Joshua Brown Carpenter Federal Public Defender, NCWD

1 Page Ave., Suite 210

Asheville, NC 28801

[Main Document] [Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presentedQUESTION PRESENTED

A district court violates Rule 11 if it fails to provide the defendant with accu- rate information about the statutory minimum and maximum penalties at the time of the defendant’s guilty plea. See Fed. R. App. P. 11(b)(1)(H)-(1). If a defendant fails to object to such an error in the district court, any claim for relief on appeal is subject to the rigorous four-prong test under the plain-error standard of review. See United States v. Olano, 507 U.S. 725, 732 (19938). The question presented, on which the cir- cuits are divided, 1s:

Does a defendant’s failure to object to a Rule 11(b)(1)(H)-()) error count against him twice, not only by subjecting him to the rigorous plain-error standard in the first place, but also by serving as a factor that weighs against a showing of prejudice under the standard’s third prong?

1

ifp Dylan Gregory Kerstetter

v. United States

25-6432 Fifth Circuit, No. 22-10253

Judgment: April 10, 2025

James Matthew Wright Office of the Federal Public Defender

600 S. Tyler Street

Suite 2300

Amarillo, TX 79101

[Main Document] [Lower Court Orders/Opinions] [Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presented1 QUESTIONS PRESENTED

The Texas statutes defining Mr. Kerstetter’s prior offenses explicitly prohibit conduct outside the Armed Career Criminal Act’s definitions of “serious drug offense” and “violent felony,” 18 U.S.C. § 924(e)(2). He also tried to comply with the Fifth Circuit’s “realistic probability” jurisprudence by pointing to cases in which Texas courts confirmed that the state laws mean what they say. Even so, the Fifth Circuit affirmed his ACCA sentence and refused to reconsider its realistic probability requirement.

Under the ACCA’s categorical approach, if a state statute expressly criminalizes conduct outside the federal definitions of “serious drug offense” or “violent felony,” does the defendant bear a burden of proving that the state had also applied its law to convict someone for non-qualifying conduct?

If so, has Mr. Kerstetter satisfied that burden?

app Triumph Foods, LLC

v. Andrea J. Campbell, Attorney General of Massachusetts

25A739 First Circuit, No. 24-1759

Judgment: —

Michael Thomas Raupp Husch Blackwell LLP

4801 Main Street, Suite 1000

Kansas City, MO 64112

[Main Document] NA
app BNSF Railway Company

v. Tanner Lynn

25A740 Court of Appeals of Minnesota, No. A24-1449

Judgment: —

Lisa S. Blatt Williams & Connolly LLP

680 Maine Avenue SW

Washington, DC 20024

[Main Document] [Lower Court Orders/Opinions] NA
app Department of Labor

v. Sun Valley Orchards, LLC

25A741 Third Circuit, No. 23-2608

Judgment: —

D. John Sauer Solicitor General

United States Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530-0001

[Main Document] [Lower Court Orders/Opinions] NA
app Shameek J. Halls

v. United States

25A742 Second Circuit, No. 22-360

Judgment: —

Michael Patrick Robotti Ballard Spahr LLP

1675 Broadway, 19th Floor

New York, NY 10019

[Main Document] [Written Request] NA
app Nathaniel J. Buckley

v. Department of Justice

25A743 Second Circuit, No. 24-3192

Judgment: —

Michael Kuzma Michael Kuzma

1893 Clinton Street

Buffalo, NY 14206

[Main Document] [Lower Court Orders/Opinions] [Written Request] NA
app Johnson & Johnson

v. San Diego County Employees Retirement Association

25A744 Third Circuit, No. 24-1409

Judgment: —

Kwaku Affawua Akowuah Sidley Austin LLP

1501 K Street NW

Washington, DC 20005

[Main Document] NA
app Abiel Brathwaite

v. Anthony Georgiades, Police Officer, Maryland Transportation Authority

25A745 Fourth Circuit, No. 24-2230

Judgment: —

Abiel Brathwaite 3512 Pear Tree Ct.

Apt. 14

Silver Spring, MD 20906

[Main Document] [Lower Court Orders/Opinions] [Lower Court Orders/Opinions] NA
app Lento Law Group, PC

v. Ladel Lewis

25A746 Sixth Circuit, No. 24-2122

Judgment: —

Lawrence Alan Katz LLG National Law Group

1814 East Route 70 - Suite 323

Cherry Hill, NJ 08003

[Main Document] [Lower Court Orders/Opinions] NA
app Justin Page

v. Massachusetts

25A747 Appeals Court of Massachusetts, No. 2024-P-0298

Judgment: —

Edward Crane 218 Adams Street

Po Box 220165

Dorchester, MA 02122

[Main Document] NA