Pending Amicus Briefs

Hopkins v. Hosemann

Brief in Support of Plaintiffs-Appellees In the 5th Circuit Court of Appeals


This amicus brief tackles the issue of disenfranchisement of individuals who have been convicted for certain crimes in Mississippi. DPI and amici argue that the broad nature of the state's disenfranchisement practices are a violation of the Fourteenth Amendment. 

Florida v. Kraft

Brief in support of Defendant in the Florida Court of Appeals


DPI explains how the use of the police's covert video surveillance took advantage of the lack of privacy safeguards in the law and failed to utilize adequate minimization techniques to pass Constitutional muster-- therefore the evidence obtained from that surveillance must be excluded.


The Due Process Institute thanks Donnie Murrell for his amicus support on this matter.

Sanchez v. U.S.

Brief in support of Petition for Certiorari in the US Supreme Court


At issue is the per se rule in antitrust law and its implications for the Fifth and Sixth Amendment rights to the finding by a jury that a defendant is guilty beyond a reasonable doubt.


The Due Process Institute thanks Erin E. Murphy (Kirkland & Ellis, DC) and Alyssa Kalisky (Kirkland & Ellis, Chicago) for their amicus support on this matter.

U.S. v. Gozes-Wagner

Brief in support of Defendant-Appellant in the 5th Circuit Court of Appeals


This case asks the court to consider if the government has pursued a "trial penalty" against a defendant who exercised her right to trial. The prosecution did this by adding charges and recommending a higher sentence.


The Due Process Institute thanks Jonathan Marcus and Michael McIntosh of DC's Skadden office for their amicus support on this matter.

Guedes, et al. v. BATFE, et al.

Brief in support of Petition for Certiorari in the US Supreme Court


At issue in this case is the precedence of the "rule of lenity" doctrine versus Chevron deference in the interpretation of language that defines a crime.


The Due Process Institute thanks John Cline for his amicus support on this matter. 

Asaro v. United States

Brief in support of Petition for Certiorari in the US Supreme Court


In this brief we argue that the Sixth Amendment right to a jury trial prohibits judges from basing sentences on charges for which juries have acquitted criminal defendants. 

Aposhian v. Barr

Brief in support of Appellant in the 10th Circuit Court of Appeals


In this brief, we argue that the rule of lenity should take precedence over conflicting canons of construction (here, the doctrine of Chevron deference) for statutes with criminal application given the risk to life and liberty. 


The Due Process Institute thanks John Cline for his amicus support on this matter.

Baxter v. Bracey et. al.

Brief in Support of Petition for Certiorari  in the US Supreme Court


This brief explores the problems with the doctrine of qualified immunity for law enforcement officials because it excuses unconstitutional conduct, imposes a heavy burden on civil rights litigants, and erodes public trust. 

Gerardo Serrano v. U.S. Customs and Border, et al

Brief in Support of Plaintiff in the 5th Circuit Court of Appeals


This case considers whether there is a due process right to a prompt post-seizure hearing when one's property is seized by the government.


The Due Process Institute thanks Cynthia Orr for her amicus support on this matter.

Resolved Cases

The following cases in which DPI was involved have concluded:

Beltran Leyva v. U.S. 

Brief in support of Petition for Certiorari in the US Supreme Court

The question presented will resolve a circuit split on the appropriate standard of review for sentencing enhancements based on the unsworn out-of-court statements of cooperating witnesses. Petition for certiorari was denied on October 15, 2019.

The Due Process Institute thanks John Cline for his amicus support on this matter. 


United States v. Haymond 

Brief in Support of Respondent in the US Supreme Court

Are the portions of 18 U.S.C. § 3583(k) that required the district court to revoke supervised release and to impose re-imprisonment based on a finding by a preponderance of the evidence that respondent violated the conditions of his release an “unconstitutional and unenforceable” law? In a 5-4 decision, the Supreme Court agreed with the Due Process Institute's opinion and ruled in favor of Haymond. Read the opinion by Justice Gorsuch here. The Due Process Institute wishes to thank David T. Goldberg for his amicus support on this matter.


Mitchell v. Wisconsin 

Brief in Support of Petitioner in the US Supreme Court

Is there a Fourth Amendment warrant requirement exception for a statute stating that an individual implicitly consents to a blood draw?  The Court unfortunately ruled against Mitchell in an opinion you can read here.


Turner v. United States 

Brief in Support of Petition for Certiorari in the US Supreme Court 

The question presented is whether the Sixth Amendment right to counsel attaches before an indictment in a situation where a prosecutor threatens to indict a defendant unless the defendant accepts a plea offer. Unfortunately, Turner's petition for certiorari was denied on June 24, 2019. The Due Process Institute wishes to thank Cozen O’Connor for their amicus support in this matter, particularly Stephen A. Miller, Barry Boss, and Kara L. Kapp.


I.B. and Doe v. Woodard

Brief in Support of Petition for a Writ of Certiorari in the US Supreme Court

This case involved a warrantless strip search of a minor child on suspicions that the child has suffered from abuse. The question considered in this amicus brief was on the application of qualified immunity. The petition for certiorari was denied on May 20, 2019.


Hillman v. Nueces County, Texas and Nueces County District Attorney's Office  

Brief in Support of Petitioner in the Supreme Court of Texas

A former district attorney filed suit against Nueces County for wrongful termination after he was fired for disclosing information to the defense, as he believed it was his legal and ethical duty to do so. The Texas Supreme Court ruled against Hillman on the grounds that government immunity barred the lawsuit. Read the opinion here.


Timbs v. Indiana

Brief in Support of Petitioner in the US Supreme Court

The case centered around the civil forfeiture of the plaintiff's $42,000 vehicle for a crime that had a maximum $10,000 criminal fine. The Supreme Court agreed with the Due Process Institute and ruled 9-0 in favor of plaintiff Timbs. The Court specifically held that the Excessive Fines Clause of the Eighth Amendment is incorporated to the states through the Fourteenth Amendment's Due Process Clause. Read the opinion here.


Cabrera-Rangel v. United States

Brief in Support of Petition for a Writ of Certiorari in the US Supreme Court

The question presented was whether the Sixth Amendment right to a jury trial prohibits judges from basing sentences on charges for which juries have acquitted criminal defendants. Petition for certiorari was denied on January 14, 2019. The Due Process Institutes wishes to thank Timothy O'Toole and Sarah A. Dowd of Miller & Chevalier for their amicus support on this case.


Mearing v. United States

Brief in Support of Petition for a Writ of Certiorari in the US Supreme Court 

The Due Process Institute's Shana O'Toole authored this brief regarding the waiver of appellate review of what appears to be highly suspect restitution and forfeiture awards. The petition for certiorari was denied on January 7, 2019.


Almighty Supreme Born Allah, Petitioner v. Lynn Milling, et al. 

Brief in Support of Petition for a Writ of Certiorari in the Second Circuit

The Due Process Institute joined a large array of cross-ideological organizations as co-signers for this amicus brief on qualified immunity. The petitioner voluntarily dismissed his petition for certiorari following a settlement with the government.