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Freya D. Pearson v. United States

IFP petition · United States Court of Appeals for the Eighth Circuit, No. 17-1438 · judgment April 2, 2026


Pending

Questions presented

  1. Whether an inferior court exceeds the limits of Article III judicial power and the Supremacy Clause when it issues and permits an appellate judgment to remain operative where the underlying proceeding nullified a constitutional mandate of this Court governing the structure of a first appeal as of right?

  2. Whether an inferior court may, consistent with the Supremacy Clause, treat compliance with this Court’s controlling constitutional mandate governing the structure of a first appeal as of right as discretionary in operation by permitting a judgment to remain operative despite a proceeding that failed to satisfy those requirements?

  3. Whether considerations of finality or the passage of time permit an appellate judgment to remain operative where the underlying proceeding failed to comply with this Court’s controlling constitutional mandate governing the structure of a first appeal as of right? Page 1

Counsel of record

For petitioner
Freya D. Pearson

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 18 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jun 11 2026
    Waiver of right of respondent United States to respond filed.
  3. May 12 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 2, 2026)