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Littlehawk Eagleelk v. United States

IFP petition · United States Court of Appeals for the Eighth Circuit, No. 26-1955 · judgment May 27, 2026


Pending

Question presented

Whether, under Abney v. United States, a court of appeals has jurisdiction over an interlocutory appeal from the denial of a motion to dismiss an indictment asserting a colorable claim under the issue-preclusion component of the Double Jeopardy Clause, where success on that constitutional claim would bar prosecution of the charged offense altogether.

Counsel of record

For petitioner
Joshua Weir
Black & Weir Law Offices, LLC

For respondent
D. John Sauer
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
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Proceedings

  1. Sep 21 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2026)