Topic
Every decision we've filed under Constitutional.
The Tenth Circuit Court of Appeals denied a certificate of appealability for Vincent H. Small's federal habeas petition challenging his state conviction for lewd molestation. The court held that no reasonable jurist could debate the state court's determination that the evidence was sufficient to support the conviction.
The Third Circuit summarily affirmed the denial of Nathaniel Coleman's petition for a writ of error coram nobis, ruling that his appeal failed to present a substantial question. The court held that Coleman could not use the writ to bypass the strict standards required for filing a second or successive habeas motion.
The Third Circuit granted appointed counsel's motion to withdraw from a habeas corpus appeal after determining the case presented no nonfrivolous issues. The court affirmed the District Court's denial of Jose Mendez's petition challenging his first-degree murder conviction.
The Ninth Circuit affirmed the denial of a preliminary injunction against Seattle's App-Based Worker Deactivation Rights Ordinance. The panel held that the law regulates nonexpressive conduct and, even if viewed as commercial speech, satisfies constitutional scrutiny.
The Ninth Circuit affirmed the denial of a preliminary injunction against Seattle's App-Based Worker Deactivation Rights Ordinance. The court held that the ordinance regulates nonexpressive conduct and, even if it regulated speech, it would satisfy the applicable First Amendment scrutiny.
The Sixth Circuit affirmed the dismissal of the Weatherholts' Fourth Amendment excessive force claim, ruling that their complaint failed to plausibly allege a constitutional violation. The court held that the plaintiffs' bare assertions of force were insufficient to survive a motion to dismiss, particularly given video evidence that contradicted their version of events.
The Tenth Circuit affirmed the dismissal of Bani Moreno's habeas petition challenging his 2022 removal, holding that he was not 'in custody' within the meaning of 28 U.S.C. § 2241 because he remained outside the United States. The court concluded that a non-citizen residing abroad lacks the requisite custody status to invoke federal habeas jurisdiction for immigration removal proceedings.
The Third Circuit affirmed Deon Blair's criminal sentence, rejecting his pro se arguments regarding ineffective assistance of counsel, jury trial waiver, and sufficiency of evidence. The court held that Blair knowingly waived his constitutional rights and that the evidence sufficiently supported his conviction for fentanyl distribution resulting in death.
The Tenth Circuit denied Abdul Waris Akinsanya a certificate of appealability regarding his ineffective assistance of counsel claim. The court held that no reasonable jurist could debate the district court's factual finding that trial counsel adequately advised Akinsanya of the immigration consequences of his plea.
The Tenth Circuit denied a petition to overturn a federal ban on commercial air tours over Bandelier National Monument, ruling that the Agencies' plan was consistent with the National Parks Air Tour Management Act. The court held that the statutory standard for significant adverse impacts under the Air Tour Act differs from the environmental standard under NEPA, allowing the ban to stand despite a finding of no significant environmental impact.