CONFRONTATION-CLAUSE

645 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-950 Mark Hartman v. Dave Yost, Attorney General of Ohio Sixth Circuit 2026-02-10 Pending appellate-review certificate-of-appealability confrontation-clause constitutional-error due-process sixth-amendment I Did the Sixth Circuit err when it reversed the district court's grant of the writ based on ineffective assistance of counsel during cross-examinatio…
25-939 James Garfield Broadnax v. Texas Texas 2026-02-06 Pending confrontation-clause due-process eighth-amendment equal-protection expert-testimony fourteenth-amendment 1. Whether the State's use in a capital sentencing proceeding of rap lyrics composed by a Black defendant to argue to a nearly all-White jury that the…
25A858 Dawn Marie Guevara v. United States Ninth Circuit 2026-01-30 Application confrontation-clause constitutional-rights criminal-procedure evidence-admission harmless-error sixth-amendment Question not identified.
25A850 Jeffrey Dale Busby v. Mississippi Mississippi 2026-01-28 Application confrontation-clause constitutional-error expert-testimony forensic-evidence smith-v-arizona technical-reviewer Question not identified.
25-6670 Charles Victor Thompson v. Texas Texas 2026-01-27 Denied IFP autopsy-report confrontation-clause criminal-procedure due-process medical-evidence sixth-amendment Did the Texas Court of Criminal Appeals err when it failed to apply this Court's holdings in Smith v. Arizona, 602 U.S. __ (2024) and Crawford v. Wash…
25-6612 Qing Han v. Joseph Auto Service Inc. Texas 2026-01-16 Pending Response WaivedIFP appellate-review confrontation-clause documentary-evidence exhibit-admission notary-interpretation pro-se Whether the Court of Appeals permits an appellate court to give a notice of judgment on the theory that a prose, interpreter-assisted litigant never o…
25-6560 Tony Daniel Klein v. United States Ninth Circuit 2026-01-13 Pending Response WaivedRelisted (2)IFP confrontation-clause constitutional-defense criminal-procedure evidence-exclusion sixth-amendment witness-bias Does a court violate a criminal defendant's constitutional right to present a defense by excluding the strongest evidence supporting the sole theory o…
25A758 Sean Paul Baker v. United States Tenth Circuit 2025-12-31 Application confrontation-clause constitutional-rights criminal-procedure evidence-rule-412 sexual-abuse witness-credibility Question not identified.
25A705 Charles Albert Massey v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2025-12-17 Application confrontation-clause criminal-procedure cross-examination hearsay-evidence preliminary-hearing sixth-amendment Question not identified.
25-689 George Sharrod Johns v. Georgia Georgia 2025-12-12 Pending Amici (2)Response RequestedResponse Waived autopsy confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence A forensic pathologist who performed an autopsy on a homicide victim was unavailable for trial. In her place, the State of Georgia offered testimony b…
25A656 Brandon Z. Miller v. United States Armed Forces 2025-12-04 Application confrontation-clause military-evidence-rule presley-v-georgia public-trial sixth-amendment waller-v-georgia Question not identified.
25-6163 Terrance Deshun Cash v. United States Fifth Circuit 2025-11-19 Denied Response WaivedIFP confrontation-clause constitutional-rights due-process fifth-amendment hearsay sixth-amendment Petitioner Cash contend that his constitutional rights was violated be fore the Fifth Circuit Court of Appeals due to the stated facts raised beforet…
25-6168 Carl Rose v. United States Third Circuit 2025-11-19 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process hearsay-evidence revocation-hearing supervised-release Whether the Due Process Clause and Federal Rule of Criminal Procedure 32.1(b)(2)(C) require a district court, before admitting hearsay at a supervised…
25-6173 Charles Jason Carmichael v. South Carolina South Carolina 2025-11-19 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process hearsay-testimony trial-error X. 4^ $ X. S-t-M-j-e $ Cot>r4 e^cej4 no4 nj v^UoX^ e'r 4\i€ 4r<c<l Coucf errcA in cv<Jvn.44->n« He +es4>'w,otnj cl"' <1 vJifnesS Q.C. , ^kex-fc -He c…
25-5996 Jean-Michael Kisi v. Joseph Joyce, Warden Eighth Circuit 2025-10-30 Denied IFP confrontation-clause constitutional-rights due-process fourteenth-amendment jury-deliberation sixth-amendment I. WHETHER THE DISTRICT COURT EXCLUDING THE PETITIONER FROM THE COURTROOM WHEN PERSONS DISPLAYED THE STATE 'S LAPTOP IN THE DELIBERATION ROOM AND A …
25-6000 Demeccio Caston v. Louisiana Louisiana 2025-10-30 Denied Response WaivedIFP confrontation-clause crawford-rule criminal-procedure due-process hearsay testimonial-evidence Whether permitting a detective to testify to unconfronted, testimonial hearsay statements that directly inculpate a defendant statements, made by witn…
25-512 Jibril Adamu v. United States Second Circuit 2025-10-24 Pending confrontation-clause criminal-procedure drug-trafficking extraterritorial-application sixth-amendment testimonial-hearsay 1. Whether the crime of possession with intent to distribute under 21 U.S.C. §959(c)(2) applies extraterritorially. 2. Whether a non-testifying analy…
25A460 George Sharrod Johns v. Georgia Georgia 2025-10-22 Application confrontation-clause criminal-procedure expert-testimony forensic-pathology sixth-amendment testimonial-statements Whether a substitute expert witness's testimony based on an absent analyst's testimonial statements violates a criminal defendant's Confrontation Clau…
25-5908 Jean-Claude Okongo Landji v. United States Second Circuit 2025-10-17 Pending Response WaivedIFP circuit-split confrontation-clause conspiracy controlled-substances extraterritorial-prosecution sixth-amendment 1. May the offense of conspiracy to distribute or possess with intent to distribute controlled substances while on a United States aircraft, pursuant …
25A444 Bernard Kentrell Breeland, Jr. v. United States Fourth Circuit 2025-10-17 Application bruen-framework confrontation-clause criminal-procedure felon-in-possession lay-opinion-testimony second-amendment Whether 18 U.S.C. § 922(g)(1) is facially unconstitutional under the Second Amendment in light of the Supreme Court's recent Second Amendment jurispru…
25-336 Elsie Franklin v. Kentucky Kentucky 2025-09-23 Denied adequate-opportunity confrontation-clause criminal-procedure cross-examination evidence-standard prior-testimony In Crawford v. Washington, 541 U.S. 36 (2004), this Court held that, under the Confrontation Clause, an unavailable witness's prior testimony "is admi…
25-290 Christopher Odeku v. Texas Texas 2025-09-12 Pending Response RequestedResponse Waived confrontation-clause constitutional-law nurse-examiner sexual-assault sixth-amendment testimonial-evidence Are a complainant's statements to a sexual assault nurse examiner (SANE) testimonial for purposes of the Sixth Amendment's Confrontation Clause?
25A290 Christopher Matthew Henderson v. Alabama Alabama 2025-09-12 Presumed Complete authentication capital-murder confrontation-clause evidentiary-authentication protection-order service-of-process Whether the Confrontation Clause requires live testimony from a sheriff's deputy to authenticate a protection order's return of service in a capital m…
25-288 Vinaykumar Patel v. United States Third Circuit 2025-09-11 Denied Response Waived confrontation-clause federal-rules-of-evidence fifth-amendment hearsay-evidence law-enforcement-testimony sixth-amendment 1. Whether the introduction of speculative lay opinion by a law enforcement officer, asserting a staged robbery without personal knowledge or expert…
25-5556 Louis Age, Jr. and Ronald Wilson v. United States Fifth Circuit 2025-09-04 Denied Response WaivedRelisted (2)IFP business-record confrontation-clause criminal-procedure due-process evidence-authentication hearsay-exception 1. Whether the Confrontation Clause permits the prosecution in a criminal trial to present to the jury, in lieu of live testimony and over defense obj…
25-5539 Louis Age, III v. United States Fifth Circuit 2025-09-03 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process fifth-circuit-review rule-404b sufficiency-of-evidence I. Did the Fifth Circuit erroneously apply federal law in finding that the evidence at trial was sufficient to establish the crimes beyond a reasonabl…
25A239 Demeccio Caston v. Louisiana Louisiana 2025-08-29 Presumed Complete confrontation-clause crawford-precedent criminal-procedure hearsay sixth-amendment testimonial-evidence Whether the Confrontation Clause permits introduction of inculpatory evidence through an investigating officer when the underlying witness does not te…
25-231 Jon Wynn Jarrard, Sr. v. Wilfredo Martell, Warden Fourth Circuit 2025-08-28 Denied Response Waived confrontation-clause due-process false-testimony fourteenth-amendment ineffective-assistance sixth-amendment 1. Was the conviction obtained through the use of what the Solicitor knew, or should have known to be false testimony, and did the Solicitor fail to c…
25-5459 Robert Keith Woodall v. Kentucky Kentucky 2025-08-25 Denied Relisted (2)IFP confrontation-clause death-penalty due-process eighth-amendment fourteenth-amendment intellectual-disability The Eighth and Fourteenth Amendments forbid the execution of persons with intellectual disability. Atkins v. Virginia, 536 U.S. 304, 321 (2002). Perso…
25-5426 Reginald Bertram Johnson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2025-08-22 Denied Response WaivedRelisted (2)IFP appellate-review confrontation-clause constitutional-rights fair-trial sixth-amendment trial-court The following question stems from the Eleventh Circuit Court of Appeals' Published Opinion regarding claims asserted by Mr. Johnson. 1. Whether the U…
25-5278 Reynaldo Alberto Peña v. Texas Texas 2025-08-05 Denied Response WaivedIFP compulsory-process confrontation-clause due-process fourteenth-amendment polygraph-evidence sixth-amendment If a Trial Court admitted into evidence inculpatory statements made by a defendant during the post-interview portion of a polygraph examination, but e…
25-5267 Antonio B. Nascimento-Depina v. Massachusetts Massachusetts 2025-08-04 Denied Response WaivedIFP appellate-review confrontation-clause due-process forensic-evidence harmless-error jury-determination Whether, after a state supreme court expressly acknowledging that admitting surrogate DNA-analyst testimony violated the Sixth Amendment Confrontation…
25-5204 Mario Onesimo Gonzalez v. United States Ninth Circuit 2025-07-28 Denied Response WaivedIFP confrontation-clause criminal-procedure drug-evidence expert-testimony hearsay sixth-amendment Whether a drug value "expert" contravenes the Confrontation Clause and Smith v. Arizona, 602 U.S. 779 (2024), when her testimony about the value of dr…
25-5171 Reginald Hitchcock v. United States Sixth Circuit 2025-07-22 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidentiary-hearing hearsay-evidence sixth-amendment 1. whether The Person's Who Supplied The Hearsay Statement That Amounted to Probable Cause En A Affidavit ov Search Warrant Need To Be Reliable © 2. …
25-5173 Douglas Dean Welsh v. Bobbi Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2025-07-22 Denied IFP confrontation-clause constitutional-violation cross-examination due-process ineffective-assistance search-warrant A. DID THE DISTRICT COURT ERROR IN RULING THAT PETITIONER'S FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS, AND SIXTH AMENDMENT RIGHT TO CONFRONTATION WAS…
25-5095 Patrick D. Reed v. George A. Fredrick, Warden Sixth Circuit 2025-07-14 Denied Response WaivedIFP circuit-split confrontation-clause criminal-procedure due-process habeas-corpus out-of-court-statements Whether, as three circuits hold in conflict with the Sixth Circuit, clearly established law prohibits an officer's testimony about an absent declarant…
25-5075 Mark Jabben v. Texas Texas 2025-07-10 Denied IFP character-evidence confrontation-clause due-process expert-testimony sixth-amendment trial-procedure 1. Should the Court of Criminal Appeal's overturn the verdict because there was insufficent evidence of culpability ? 2. Did the State Court violate…
24-7285 Kirk Powell v. Louisiana Louisiana 2025-05-23 Denied Response WaivedIFP co-defendant-statements confrontation-clause due-process fifth-amendment misjoinder sixth-amendment Whether the misjoinder of defendants and admission of co-defendant's out-of-court statements in a joint trial violated the Petitioner's Fifth and Sixt…
24-7252 Issa L. Lamizana, Jr. v. Louisiana Louisiana 2025-05-20 Denied Response RequestedResponse WaivedRelisted (6)IFP confrontation-clause due-process fourteenth-amendment jury-verdict ramos-unanimity sixth-amendment Whether a non-unanimous verdict can be sustained under Ramos v. Louisiana when the record is silent on jury vote unanimity and what burden of proof ap…
24-1159 Jeffrey Clyde Pitts v. Mississippi Mississippi 2025-05-13 Judgment Issued Response RequestedResponse WaivedRelisted (8) child-witness confrontation-clause constitutional-rights courtroom-screening criminal-procedure trial-procedure Whether the Confrontation Clause permits the use of a screen at trial that blocks a child witness's view of the defendant, without any individualized …
24-7139 David Little v. Georgia Georgia 2025-05-06 Denied IFP confrontation-clause criminal-procedure cross-examination due-process hearsay sixth-amendment Whether the Indiana Court violated the Sixth Amendment right to Confrontation by admitting deceased witness's hearsay statements without affording pet…
24-7129 Frank John Richard v. O'Bell T. Winn, Warden, et al. Sixth Circuit 2025-05-02 Denied Response WaivedIFP civil-procedure confrontation-clause equal-protection fourteenth-amendment initial-disclosure pro-se-litigant Does Fed. R. Civ. P. Rule 26(a)(1)(B)(iv) deny Initial Disclosure to incarcerated, pro se litigants, thereby rendering the Confrontation and Equal Pro…
24-7054 Oscar J. Martinez-Hernandez v. United States First Circuit 2025-04-22 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split confrontation-clause due-process federal-rules-of-evidence hearsay-evidence sixth-amendment Whether uncorroborated hearsay under Federal Rule of Evidence 801(d)(2)(E) without independent proof of conspiracy violates the Sixth Amendment's Conf…
24-1082 Aghee William Smith, II v. United States Fourth Circuit 2025-04-16 Denied Response RequestedResponse WaivedRelisted (2) confrontation-clause constitutional-law criminal-procedure due-process trial-rights witness-unavailability Whether a living witness can be deemed 'unavailable' under the Confrontation Clause if the government has made no effort to compel the witness to appe…
24-6990 Abdul Kilgore v. United States Sixth Circuit 2025-04-15 Denied Response WaivedIFP confrontation-clause hearsay-evidence procedural-reasonableness sentencing sixth-amendment supervised-release Whether the district court's reliance on hearsay evidence in a supervised release revocation proceeding violated the petitioner's Confrontation Clause…
24-7000 Avery B. Crawford v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-04-15 Denied IFP certificate-of-appealability confrontation-clause due-process fifth-circuit habeas-corpus self-representation Whether the Fifth Circuit failed to review the Certificate of Appealability (COA) process and whether the Federal District Court improperly procedural…
24-6950 Daontae T. Scott v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-04-09 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process habeas-corpus ineffective-assistance sixth-amendment Whether trial counsel's failure to investigate and procure exculpatory security camera footage abrogates the appellant's Sixth and Fourteenth Amendmen…
24-985 Ohio v. Garry Smith Ohio 2025-03-14 Denied Amici (2)Response RequestedResponse WaivedRelisted (3) confrontation-clause criminal-procedure due-process emergency-doctrine hearsay-exception testimonial-statements Whether statements made to responding officers during emergency medical care are nontestimonial under the Confrontation Clause when lacking investigat…
24-937 Miguel Adan Cayetano v. Texas Texas 2025-03-03 Denied confrontation-clause constitutional-violations due-process fraud-on-court prosecutorial-misconduct supreme-court-authority Should the United States Supreme Court use its inherent authority to act sua sponte and vacate the prior decisions of the lower courts due to alleged …
24-6641 Chad Adam Cheever v. Oregon Oregon 2025-02-25 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process fair-trial law-enforcement-misconduct Whether law enforcement officials can systematically violate an individual's constitutional rights with impunity and whether a defendant retains funda…
24-6643 Mark Douglas Huber v. Randy Valley, Warden Ninth Circuit 2025-02-25 Denied Response WaivedIFP certificate-of-appealability confrontation-clause constitutional-rights due-process habeas-corpus ineffective-counsel Whether the Court of Appeals egregiously misapplied this Court's standard for issuing a certificate of appealability in the face of a substantial show…
24-6626 Stanford Wall v. United States Ninth Circuit 2025-02-24 Denied Response WaivedIFP confrontation-clause constitutional-law criminal-procedure cross-examination evidence-law witness-credibility Whether, consistent with the Confrontation Clause, courts must apply a presumption favoring cross-examination of a government witness's general charac…
24-6469 Ramien Collins v. United States Eighth Circuit 2025-02-04 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure due-process right-to-counsel sixth-amendment Did the appellate court commit reversible error by denying Petitioner's direct appeal due to violations of the Confrontation Clause and Sixth Amendmen…
24-6460 Jonathan Mason v. United States Seventh Circuit 2025-02-03 Denied Response WaivedIFP bias-testimony confrontation-clause role-facilitation sentencing-hearing sixth-amendment witness-testimony Can a bias witness testimony, made during a bench trial in an unrelated case be admitted for its truth at Petitioner's sentencing hearing, to support …
24-6422 In Re Terry Lee Jackson, Sr. 2025-01-29 Denied IFP access-to-courts confrontation-clause constitutional-rights federal-defender habeas-corpus writ-of-certiorari Was Petitioner denied his constitutional right of access to the courts where the federal defender refused to file or assist in the filing of a Petitio…
24-6379 Lamar Reese v. Ohio Ohio 2025-01-24 Denied Response WaivedIFP confrontation-clause constitutional-review due-process evidence-admissibility polygraph-evidence scientific-evidence Whether the polygraph examination is admissible under Daubert and the Federal Rules of Evidence
24-6389 Kalontae Carter, aka Kelontae Carter v. Doug Luneke, Warden Sixth Circuit 2025-01-24 Denied IFP accomplice-testimony confrontation-clause criminal-procedure out-of-court-statements sixth-amendment testimonial-statements Whether the Confrontation Clause prohibits the introduction of non-testifying accomplice statements that directly implicate the accused
24A713 Matthew Lee Flowers v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-01-22 Presumed Complete confrontation-clause constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to adequately investigate…
24-6300 Pablo Gutierrez v. Florida Florida 2025-01-14 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process fourteenth-amendment interpreter-rights sixth-amendment Whether Petitioner was deprived of his rights to due process and confrontation under the Sixth and Fourteenth Amendments, where the interpreter was pr…
24-6194 Donald E. Deardorff v. Terry Raybon, Warden Eleventh Circuit 2024-12-26 Denied IFP capital-murder circumstantial-evidence confrontation-clause habeas-corpus ineffective-assistance strickland-standard Does the Eleventh Circuit's opinion substantially conflict with Supreme Court precedent by failing to consider and weigh circumstantial evidence again…
24-6201 Christopher Jeorge Millican v. United States Ninth Circuit 2024-12-26 Denied Response WaivedIFP confrontation-clause criminal-procedure hearsay search-warrant sixth-amendment testimonial-evidence Whether the Confrontation Clause allows the admission of testimonial documents created in response to a search warrant without direct confrontation of…
24A608 Miguel Adan Cayetano v. Texas Texas 2024-12-19 Presumed Complete confrontation-clause due-process fourteenth-amendment medical-evidence prosecutorial-misconduct sixth-amendment Whether the Fourteenth Amendment's Due Process Clause and Sixth Amendment Right of Confrontation were violated by alleged collusion between a District…
24-6101 Halim Khan v. United States Ninth Circuit 2024-12-10 Denied Response WaivedIFP confrontation-clause criminal-prosecution due-process interpreter-testimony sixth-amendment testimonial-statements Whether translated out-of-court testimonial statements may be admitted without violating the Confrontation Clause when an interpreter is deemed an age…
24-5921 Christopher Koteras v. Daniel Akers, Warden Sixth Circuit 2024-11-06 Denied Response WaivedIFP confrontation-clause criminal-procedure evidentiary-hearing judicial-discretion sixth-amendment witness-communication Whether a victim's advocate's non-verbal communication with a child witness during trial constitutes prejudicial error that violates a defendant's rig…
24-5913 Lili Zhang Tydingco v. United States Ninth Circuit 2024-11-05 Denied Response RequestedResponse WaivedRelisted (2)IFP alien-harboring-act confrontation-clause constitutional-interpretation criminal-prosecution cross-examination testimonial-statements Whether translated out-of-court testimonial statements may be admitted without violating the Confrontation Clause when the interpreter is deemed an ag…
24-5824 Oscar Alvarado v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2024-10-25 Denied IFP certificate-of-appealability confrontation-clause harmless-error ineffective-counsel rule-60b1 sixth-amendment Did the court of appeals commit legal error in denying petitioner's certificate of appealability by finding that a jurist of reason would not debate t…
24-5635 Kim Bowers v. Payson City, Utah Utah 2024-09-25 Denied Relisted (2)IFP confrontation-clause criminal-procedure defendant-presence due-process sixth-amendment trial-rights Whether a criminal defendant's right to be physically present during trial can be abridged when the defendant is absent voluntarily after the trial ha…
24-330 Cid C. Franklin v. New York New York 2024-09-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (9) bail-report confrontation-clause criminal-procedure cross-examination sixth-amendment testimonial-statements Whether the Sixth Amendment's Confrontation Clause applies to out-of-court statements admitted as evidence against criminal defendants if the statemen…
24-5608 Jason Smith v. United States Seventh Circuit 2024-09-23 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure recognizance-forfeiture sixth-amendment supervised-release Whether the Sixth Amendment right to confront accusers applies to revocations of federal supervised release based on historical understanding of jury …
24-5589 In Re Joseph G. Aulisio 2024-09-20 Denied IFP cause-and-prejudice confrontation-clause due-process eighth-amendment false-testimony prosecutorial-misconduct Whether prosecutorial misconduct, false testimony, and failure to correct known false evidence constitute a violation of due process and grounds for o…
24A276 Manuel Enrique Yates v. United States Second Circuit 2024-09-18 Presumed Complete confrontation-clause fourth-amendment pro-se search-and-seizure sixth-amendment venue Whether the Sixth Amendment's Confrontation Clause and Venue Clause, and the Fourth Amendment's prohibition on unreasonable searches and seizures, wer…
24-5544 Evan Wald v. New York New York 2024-09-13 Denied Response RequestedResponse WaivedRelisted (2)IFP autopsy-report confrontation-clause crawford-standard criminal-procedure homicide-investigation testimonial-evidence Whether a certified autopsy report created as part of a homicide investigation is 'testimonial' under the Confrontation Clause framework established i…
24-5534 Anthony Wayne Hawkins v. United States Fourth Circuit 2024-09-12 Denied Response WaivedIFP confrontation-clause cooperating-witness due-process law-enforcement-database pretextual-stop witness-bias Whether the Confrontation Clause permits cross-examination of a cooperating witness regarding the extent of benefits received and whether due process …
24-271 Jerry Arnold Westrom v. Minnesota Minnesota 2024-09-10 Denied Response Waived confrontation-clause effective-assistance-of-counsel fourth-amendment reasonable-expectation-of-privacy shed-dna sixth-amendment Whether society recognizes a reasonable expectation of privacy in shed DNA under the Fourth Amendment and whether scientific testimony violates confro…
24-5440 Edward Moses, Jr. v. Louisiana Office of Disciplinary Counsel Louisiana 2024-09-04 Denied Relisted (2)IFP attorney-discipline confrontation-clause due-process judicial-procedure legal-ethics professional-misconduct Whether the Louisiana Supreme Court violated Edward Moses Jr.'s due process rights in suspending his law license without adequate confrontation
24-5430 Christopher J. Thorpe v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-08-30 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process habeas-corpus sexual-battery sixth-amendment Whether the Petitioner's constitutional right of confrontation was violated by the trial court's ruling that the 'door was opened' to a law enforcemen…
24-5411 Mario Chavez v. Carlos Lazarin, Warden, et al. Tenth Circuit 2024-08-28 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process hearsay-evidence sixth-amendment Whether a criminal defendant's Sixth Amendment confrontation rights are violated when a court admits hearsay evidence through a surrogate witness in v…
24A193 Eloy Heraclio Alcala v. Texas Texas 2024-08-22 Presumed Complete confrontation-clause criminal-procedure cross-examination exclusionary-rule motion-to-suppress sixth-amendment Whether the trial court violated the defendant's Sixth Amendment right to confrontation by impeding his ability to cross-examine witnesses and denying…
24-5320 Ahkemon J. Bardell v. Louisiana Louisiana 2024-08-14 Denied IFP confrontation-clause constitutional-rights criminal-defense due-process fourteenth-amendment trial-procedure Whether the trial court violated the petitioner's constitutional rights by failing to detect and prevent a potential confrontational violation during …
24A172 Evan Wald v. New York New York 2024-08-13 Presumed Complete autopsy-report confrontation-clause criminal-evidence cross-examination sixth-amendment testimonial-hearsay Whether an autopsy report created during a homicide investigation constitutes 'testimonial' evidence under the Confrontation Clause requiring the oppo…
24-121 John Won v. United States Second Circuit 2024-08-02 Denied Amici (1) confrontation-clause constitutional-procedure criminal-procedure criminal-trial due-process evidence exceptional-circumstances interest-of-justice sixth-amendment two-way-video video-testimony Whether the Confrontation Clause contains an exception that permits the government to present testimony at a criminal trial by two-way video so long a…
24-5216 Ricky Mendoza v. William Sullivan, Warden Ninth Circuit 2024-08-02 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process habeas-corpus habeas-relief harmless-error sixth-amendment witness-testimony Whether the Ninth Circuit erred in denying habeas relief on petitioner's claim that the state trial court deprived him of his Sixth Amendment right to…
24-5118 Jared Holton Seavey v. Texas Texas 2024-07-19 GVR Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process expert-testimony medical-examiner precedent remand sixth-amendment Where the State used a surrogate medical examiner to opine as to the cause of death in a murder trial, should the Court GVR this matter in light of th…
24-5111 Amadi Sosa v. Massachusetts Massachusetts 2024-07-18 Denied Response WaivedIFP burden-of-proof confrontation-clause constructive-malice cross-examination due-process felony-murder perjury-protocol sixth-amendment winship-fact Due-process-right-to-fair-trial,confrontation-clause,perjury-protocol,felony-murder,burden-of-proof,winship-fact
24-5086 Isaias Delgado v. United States Ninth Circuit 2024-07-16 Denied Response WaivedIFP confrontation-clause constitutional-rights due-process fair-trial federal-law federal-sentencing ineffective-assistance ineffective-assistance-of-counsel self-incrimination Whether the government violated Mr. Delgado's right to due process and a fair trial by withholding evidence
24A38 Cid C. Franklin v. New York New York 2024-07-12 Presumed Complete bail-hearing confrontation-clause criminal-procedure evidence-admission sixth-amendment testimonial-statement Whether a pretrial report prepared by a criminal justice agency employee is a 'testimonial' statement subject to the Sixth Amendment's Confrontation C…
24-5055 Tre'veon Demarcus Anderson v. Louisiana Louisiana 2024-07-11 Denied Response WaivedIFP confrontation-clause constitutional-rights douglas-v-alabama due-process fifth-amendment prosecutorial-misconduct self-incrimination sixth-amendment sixth-and-fourteenth-amendments Whether the defendant's Sixth Amendment right to confrontation was violated when the State elicited testimony from a witness who repeatedly invoked th…
24-23 Michael Bassem Rimlawi v. United States Fifth Circuit 2024-07-09 Denied Response RequestedResponse WaivedRelisted (5) certiorari confrontation-clause constitutional-error error-based-approach guilt-based-approach harmless-error sixth-amendment Did the court of appeals err in applying the guilt-based approach, rather than the error-based approach, to assess the harmlessness of the confrontati…
24-5029 Jurgen Marku v. Florida Florida 2024-07-09 Denied Response WaivedIFP Bruton-v-United-States Codefendant confrontation-clause criminal-prosecution Cross-Examination Due-Process felony-murder fourteenth-amendment Guilty-Plea sixth-amendment Whether it is a violation of a criminal defendant's Confrontation-Clause
24-5004 Joshua Mounts v. Ohio Ohio 2024-07-03 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process expert-testimony expert-witnesses nazi-comparison personal-attacks prosecutorial-misconduct Whether violations of the United States Constitution occur where defense experts are not allowed to respond to criticism of their expert reports and w…
23-7848 In Re Lyle R. Harrison 2024-07-02 Dismissed IFP civil-rights confrontation-clause constitutional-rights criminal-procedure due-process inheritance-rights judicial-misconduct police-reports probate-law speedy-trial Whether due process allows the Denial of all Unredacted Police Reports
23-7803 Michael Sean Graham v. United States Ninth Circuit 2024-06-25 Denied Response WaivedIFP confrontation confrontation-clause covid-19-restrictions due-process fifth-amendment public-interest sars-cov-2 sixth-amendment trial-procedure Did the Ninth Circuit err in holding that masking trial witnesses did not violate the defendant's due process and confrontation rights?
23-7782 Jake Paul Heiney v. Heidi E. Washington Sixth Circuit 2024-06-24 Denied Response WaivedIFP brady-violations certificate-of-appealability confrontation-clause cross-examination-limitations expert-witness habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence medical-malpractice-defense
23-7774 Pablo Santana Arellano v. United States Fifth Circuit 2024-06-21 Denied IFP co-conspirator-testimony co-conspirators confrontation-clause confrontation-rights criminal-procedure sentencing-agreements sixth-amendment witness-bias Whether defendants may be prohibited from asking cooperating witnesses and former co-conspirators about their sentences and sentencing agreements to e…
23-7711 Philong Nghia Huynh v. J. Lizarraga Ninth Circuit 2024-06-13 Denied Response WaivedIFP confrontation-clause criminal-procedure criminal-trial forensic-nurse sixth-amendment surrogate-nurse surrogate-testimony testimonial-statements testimony Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a surrogate nurse conveyin…
23-7717 Ledra A. Craig v. United States Eighth Circuit 2024-06-13 Denied Response WaivedIFP compulsory-process confrontation-clause constitutional-rights criminal-conviction criminal-procedure criminal-procedure-rights cross-examination due-process right-to-counsel right-to-cross-examine Can a defendant's conviction be sustained based on uncorroborated statements made during interrogation?
23-1287 Ian Brenner v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. Third Circuit 2024-06-10 Denied Response Waived certificate-of-appealability civil-procedure confrontation-clause consent due-process ineffective-assistance jurisdiction magistrate magistrate-jurisdiction standing strickland-standard surrogate-expert Whether denial of a Certificate of Appealability is proper when the magistrate judge who entered judgment lacked jurisdiction because the Petitioner d…
23-7665 Kenneth Oteng Duodu v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-06-07 Denied Relisted (2)IFP article-vi confrontation-clause constitutional-rights consular-notification criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus international-obligations vienna-convention Whether the failure of the Fairfax County Police Department to notify the Consulate of Ghana in contravention of the petitioner's established consular…
23-7672 Andrew Culler v. Ohio Ohio 2024-06-07 Denied IFP confrontation-clause due-process medical-examination sexual-assault sixth-amendment testimonial-hearsay victim-statements The admission of testimonial hearsay violates the Sixth Amendment's Confrontation Clause
23-7592 Ynedra Diggs v. United States Fifth Circuit 2024-05-30 Denied Response WaivedIFP bruton-rule bruton-v-united-states co-defendant-statements confrontation-clause constitutional-rights criminal-procedure fifth-amendment fifth-circuit testimonial-evidence testimonial-statements unavailable-witnesses Was Ms. Diggs's constitutional right to confrontation violated?
23A1069 Michael Bassem Rimlawi v. United States Fifth Circuit 2024-05-30 Presumed Complete bruton-rule codefendant-statement confrontation-clause constitutional-error harmless-error sixth-amendment Whether a constitutional error in admitting a nontestifying codefendant's statement can be deemed harmless beyond a reasonable doubt under the Sixth A…
23-1249 Timothy Patrick Guilfoy v. Brandon Watwood, Warden Sixth Circuit 2024-05-29 Denied Response Waived confrontation-clause criminal-procedure due-process fair-trial habeas-corpus jury-misconduct right-to-confront testimonial-evidence Whether a DVD recording containing testimonial evidence of the accusers, admitted as an exhibit, but never played during the trial, may be viewed by t…
23-7545 Bobby Tatum v. Darren Galloway, Warden Seventh Circuit 2024-05-22 Denied Response WaivedIFP actual-innocence child-victim-testimony civil-rights confrontation-clause criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance-of-counsel video-evidence Whether the district court erred in denying the petitioner's motion for a new trial
23A972 Benjamin Biancofiori v. United States Seventh Circuit 2024-05-01 Presumed Complete confrontation-clause criminal-procedure evidence-admissibility hearsay-exception sex-trafficking sixth-amendment Whether the Sixth Amendment permits the admission of out-of-court narrative evidence describing a defendant's alleged criminal acts against non-testif…
23-1181 Gail M. Ritchey v. Ohio Ohio 2024-05-01 Denied Amici (1) autopsy-report confrontation-clause criminal-investigation criminal-procedure evidence hearsay-evidence medical-examiner medical-examiner-testimony sixth-amendment Does the admission of an autopsy report and testimony from a doctor who neither participated in the autopsy nor prepared the report violate the Sixth …
23-7326 Erik Johnson v. Patrick Griffin Second Circuit 2024-04-29 Denied Response WaivedIFP civil-procedure confrontation-clause criminal-procedure due-process evidence hearsay hearsay-evidence missing-witness missing-witness-instruction testimonial-statement Whether the admission into evidence of hearsay statements violated petitioner's Confrontation Clause rights
23A936 Antoine D. Craig v. Illinois Illinois 2024-04-18 Presumed Complete business-records cell-phone-records confrontation-clause due-process evidence-authentication murder-trial Whether the admission of cell phone location data records as business records and related testimony violated the defendant's constitutional right to c…
23-1091 Call-A-Head Portable Toilets, Inc., et al. v. New York State Department of Environmental Conservation, et al. New York 2024-04-08 Denied Response Waived administrative-law administrative-proceeding confrontation-clause criminal-procedure due-process evidence sixth-amendment witness-testimony Do the accused in State administrative proceedings have a Sixth Amendment right to confront and cross-examine witnesses whose written testimony serves…
23-7150 Elana Gordon v. Massachusetts Massachusetts 2024-04-05 GVR Response RequestedResponse WaivedRelisted (4)IFP confrontation-clause criminal-procedure criminal-trial expert-testimony expert-witness forensic-evidence forensic-testimony right-to-counsel sixth-amendment trial-counsel Whether the Confrontation Clause permits the prosecution to present testimony by a substitute forensic expert conveying testimonial statements of a no…
23-7089 Steven L. Lewis v. Mississippi Mississippi 2024-03-27 Denied Response WaivedIFP confrontation-clause constitutional-law criminal-procedure double-jeopardy due-process improper-venue mistrial retrial speedy-trial venue Whether the Constitution permits the retrial of a defendant following a trial in an improper venue
23-7078 Jeffery Wayne Taylor v. United States Eighth Circuit 2024-03-26 Denied Response WaivedIFP confrontation-clause criminal-procedure criminal-trial cross-examination due-process evidence first-step-act out-of-court-statements sixth-amendment Is it a violation of the Confrontation Clause when an out-of-court statement connecting the defendant to the crime is admitted during trial, making it…
23-7025 Stevie Wyre v. Texas Texas 2024-03-19 Denied IFP appellate-review confrontation-clause constitutional-violation due-process habeas-corpus ineffective-assistance-of-counsel judicial-procedure record-examination right-to-counsel standard-of-review state-court Whether the state court denied the petitioner due process by presenting a close or misleading testimony by the state's witness and without a review of…
23-6952 Frantz Brifil v. Florida Florida 2024-03-11 Denied Response WaivedIFP confrontation-clause constitutional-law crawford-v-washington criminal-procedure due-process evidence evidence-law hearsay out-of-court-statements sixth-amendment witness-testimony Whether the state court violated the mandate of Crawford and progeny by introducing a nontestifying witness's out-of-court statements?
23-6956 David Wilbanks v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-03-11 Denied IFP collateral-order-doctrine confrontation-clause constitutional-interpretation criminal-sentencing due-process final-judgment fourteenth-amendment judicial-review jurisdiction sixth-amendment statutory-construction Did the Court of Appeals have jurisdiction over the collateral order doctrine when the district judge failed to issue a COA for the final judgment und…
23-6887 Brenda B. v. Tennessee Department of Children's Services Tennessee 2024-03-04 Denied Response WaivedIFP 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence evidence-credibility hearsay-rules witness-credibility witness-testimony Do I have a right to confront alleged witnesses?
23A794 Gail M. Ritchey v. Ohio Ohio 2024-02-27 Presumed Complete confrontation-clause constitutional-criminal-procedure coroner's-report evidence-admissibility hearsay sixth-amendment Whether the Sixth Amendment permits the introduction of a coroner's report prepared by a non-testifying and unavailable declarant as evidence
23-6795 Gregory Taylor v. United States Sixth Circuit 2024-02-21 Denied Relisted (2)IFP confrontation-clause criminal-procedure evidence expert-testimony hearsay laboratory-evidence laboratory-tests sixth-amendment Whether the Confrontation Clause of the Sixth Amendment is satisfied when an expert witness provides opinion testimony that is based on data from labo…
23-6756 Kenneth J. Coleman v. United States Fifth Circuit 2024-02-15 Denied Response WaivedIFP competency-hearing confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mental-competency pate-v-robinson plea-agreement Is the petitioner constitutionally entitled to a hearing upon the issue of his competency to stand trial
23-6763 Armani L. Moore v. Illinois Illinois 2024-02-15 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure evidence evidence-law memory-loss sixth-amendment testimonial-hearsay unavailable-witness witness-unavailability Whether a declarant is 'unavailable to testify' for purposes of the Sixth Amendment
23-6741 Gerardo Ortiz v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2024-02-13 Denied Response WaivedIFP confrontation-clause due-process fair-trial fundamental-fairness habeas-corpus prosecutorial-misconduct right-to-confront witness-testimony Did the Ninth Circuit err in refusing to apply clearly established Confrontation Clause precedent and assess whether the prosecutor's affirmative misa…
23-6711 Ronnie Collins, Jr. v. United States Fifth Circuit 2024-02-09 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence harmful-error harmless-error witness-testimony Whether the limits placed on Collins's right to cross-examine the central witness against him constituted harmful error
23-855 Richard Abbott v. Supreme Court of Delaware, et al. Delaware 2024-02-08 Denied Response RequestedResponse WaivedRelisted (2) 6th-amendment civil-rights confrontation-clause disbarment due-process equal-protection first-amendment free-speech pro-se professional-licensure Whether a pro se defendant in a confidential professional licensure disbarment proceeding has full 1st Amendment rights
23-6659 Edward Logan v. Illinois Illinois 2024-02-02 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process equal-protection pre-trial-detention sixth-amendment speedy-trial statutory-interpretation Whether a state statute that denies a criminal defendant the constitutional right to a speedy trial violates the Equal Protection Clause
23-6618 Mabior M. Mabior v. Nebraska Nebraska 2024-01-30 Denied Response WaivedIFP appellate-review confrontation-clause cross-examination hearsay hearsay-exception ineffective-assistance sixth-amendment testimonial-statement testimonial-statements Is a defendant's right to confrontation under the Sixth Amendment violated when testimonial statements are admitted for the truth of the matters asser…
23-6623 Johnl Jackson v. United States Ninth Circuit 2024-01-30 Denied Response WaivedIFP compulsory-process confrontation confrontation-clause constitutional-rights criminal-procedure due-process federal-rules-of-evidence notice-requirement sex-trafficking Whether the criminal defendant's constitutional trial rights require the admission of the complainant's other prostitution activities to rebut the gov…
23-820 Ohio v. William Johnson Ohio 2024-01-30 Denied Amici (2)Response RequestedRelisted (2) 911-recording confrontation-clause domestic-violence excited-utterance hearsay non-testimonial ongoing-emergency sixth-amendment Were the statements describing the fresh incident of domestic violence in the 911 recording non-testimonial?
23-6559 Marcus Johnson v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. Third Circuit 2024-01-24 Denied Response WaivedRelisted (2)IFP appellate-deference confrontation-clause due-process expert-testimony expert-witness judicial-review prejudice prejudice-standard self-defense sixth-amendment testimonial-statements Did the Third Circuit err in deferring to the District Court's finding that Mr. Johnson suffered no prejudice from the Confrontation violation that oc…
23-793 Isidro Javier Armenta v. California California 2024-01-24 Denied 14th-amendment 5th-amendment 6th-amendment automated-enforcement automated-traffic-enforcement confrontation-clause due-process equal-protection fourth-amendment sixth-amendment Whether the Sixth Amendment Confrontation Clause holding in Melendez-Diaz v. Massachusetts extends to automated traffic enforcement system schemes
23A672 Samuel Fields v. Scott Jordan, Warden Sixth Circuit 2024-01-22 Presumed Complete confrontation-clause constitutional-violation extrinsic-evidence habeas-relief jury-deliberation sixth-amendment Whether the Sixth Amendment's Confrontation Clause prohibits a jury from considering extrinsic evidence against a criminal defendant without providing…
23-6474 Courtney Rose Desjarlais v. United States Eighth Circuit 2024-01-12 Denied Response WaivedIFP confrontation-clause cross-examination due-process hearsay hearsay-evidence sentencing-enhancement sixth-amendment Question not identified
23-6475 Darrius Decnan Redd v. United States Eighth Circuit 2024-01-12 Denied Response WaivedIFP confrontation-clause credibility cross-examination due-process evidence-exclusion fair-trial prosecutorial-misconduct sex-trafficking Whether the district court violated the Defendant's Due Process and Confrontation rights by excluding video evidence
23-6479 Sterling H. Roberts v. United States Sixth Circuit 2024-01-12 Denied Response WaivedIFP confrontation-clause criminal-procedure declarant-unavailability forfeiture-by-wrongdoing mixed-motives primary-purpose sixth-amendment unavailability Whether the prosecution must prove the defendant's primary purpose for making the declarant unavailable was to prevent their testimony in the proceedi…
23-6447 Samuel Sherman v. United States Eighth Circuit 2024-01-10 Denied Response WaivedIFP confrontation-clause confrontation-right criminal-joinder criminal-procedure prejudice prejudicial-error rule-14 rule-14-procedure sixth-amendment zafiro-precedent zafiro-v-united-states Whether the lower courts misapplied this Court's holding in Zafiro v. United States
23-6420 Orlando S. Burgos v. Martin Gamboa, Warden Ninth Circuit 2024-01-05 Denied Response WaivedIFP bias confrontation-clause criminal-procedure cross-examination habeas-corpus harmless-error motive-to-lie sole-evidence witness-bias Whether a Confrontation Clause error can ever be harmless when an accused is prevented from cross-examining the key government witness—a witness who s…
23-6343 Patrick Bowie v. Mark Miller, Superintendent, Green Haven Correctional Facility Second Circuit 2023-12-26 Denied Response WaivedIFP authentication confrontation-clause crawford-v-washington criminal-procedure due-process evidence-authentication hearsay ineffective-assistance ineffective-assistance-of-counsel strickland-v-washington Is the right to confrontation violated when inculpatory letters are admitted into evidence without a statement by a handwriting expert?
23-6350 Brady Franklin v. Illinois Illinois 2023-12-26 Denied Response WaivedIFP confrontation-clause craig-precedent crawford-precedent crawford-v-washington intellectual-disability maryland-v-craig public-policy sixth-amendment witness-testimony Whether the balancing test created by Maryland v. Craig is still good law after Crawford v. Washington, and if so, whether extending its exemption for…
23-6251 Jonathan Rodriguez v. United States Fifth Circuit 2023-12-13 Denied Response WaivedIFP acquitted-conduct confrontation-clause due-process fifth-amendment preponderance-of-evidence sentencing sentencing-standard sixth-amendment suppression-motion Whether the use of a preponderance of the evidence standard at sentencing violated Rodriguez's Fifth Amendment and Sixth Amendment rights?
23-6238 William Jarvis v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-12-12 Denied IFP confrontation confrontation-clause due-process effective-counsel equal-protection fifth-amendment self-incrimination sixth-amendment third-party-guilt Whether the Fifth Amendment right to be free from the compulsion to make self-incriminating statements includes the right to not be required to provid…
23-582 Rollo A. Barker, aka Rollo Narker v. New Jersey New Jersey 2023-11-30 Denied Response RequestedResponse WaivedRelisted (2) 6th-amendment chain-of-custody confrontation-clause criminal-evidence evidence forensic-analysis lab-analysis lab-testimony melendez-diaz melendez-diaz-precedent sixth-amendment Does testimony from a lab analyst who did not perform the actual testing on Defendant's seized (alleged) contraband that was analyzed by a State Polic…
23-6072 James Richards v. United States Eighth Circuit 2023-11-21 Denied Response WaivedIFP confrontation-clause constitutional-rights crawford-v-washington crawford-violation criminal-procedure evidence ineffective-assistance ineffective-assistance-of-counsel sixth-amendment testimonial-evidence Whether the admission of a deceased witness's testimonial video statement violated the Sixth Amendment Confrontation Clause, despite defense counsel's…
23-6060 John Lacey Mulkey v. Georgia Georgia 2023-11-20 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process evidence extrinsic-evidence right-to-present-defense rule-403 sixth-amendment speedy-trial Did the Court of Appeals violate the due process right to present a defense, in holding admissible, under O.C.G.A. § 24-4-403, (Rule403) extrinsic evi…
23-505 Garrett A. Arrowood v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-14 Denied Response Waived appeals appellate-procedure certificate-of-appealability confrontation-clause crawford-violation criminal-procedure due-process evidence federal-law habeas-corpus hearsay-evidence whether-the-record-supports-the-court's-conclusion-that-the-state-court-hearing-regarding-the-inadmissible-hearsay-(crawford-violation)-did-not-violat…
23-5976 Brian Heath Davis v. Randy Gibbs, Warden, et al. Eighth Circuit 2023-11-08 Denied Response WaivedIFP autopsy autopsy-report confrontation-clause criminal-procedure effective-assistance expert-testimony reasonable-doubt sixth-amendment To what extent are Sixth Amendment guarantees of Confrontation and Effective Assistance violated when an expert conducts an autopsy, prepares an autop…
23-5969 Semaan Makdissi v. Florida Florida 2023-11-07 Denied Response WaivedRelisted (2)IFP compulsory-process confrontation-clause criminal-procedure due-process evidence false-accusation fourteenth-amendment motive sixth-amendment Whether the Petitioner's Sixth and Fourteenth Amendment rights were violated
23-5971 Kevondric Fezia v. United States Fifth Circuit 2023-11-07 Denied Response WaivedIFP closing-arguments confrontation-clause criminal-procedure due-process hearsay jury non-testifying-witness prosecutorial-argument sixth-amendment witness-testimony Does the Confrontation Clause apply to statements made by a prosecutor during closing arguments that detail for the jury what a non-testifying witness…
23-5891 Luis Alonso Hidalgo, III v. Tim Garrett, Warden, et al. Ninth Circuit 2023-10-26 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel joinder joint-trial sixth-amendment Did the Ninth Circuit err in denying Petitioner Hidalgo's claims of ineffective assistance of counsel, improper joinder, and improper convictions?
23A358 Ohio v. William Johnson Ohio 2023-10-20 Presumed Complete 911-call confrontation-clause domestic-violence emergency-exception hearsay-evidence testimonial-statement Whether a 911 call describing a past domestic violence incident constitutes a 'testimonial statement' under the Confrontation Clause when the caller i…
23-5741 Hewitt A. Grant, II v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2023-10-10 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights confrontation-clause constitutional-law constitutional-rights criminal-procedure due-process federal-prosecution jurisdiction standing witness-testimony Whether the District Court erred in denying the same 4th Amendment protection of legal intrusion as the initial entry question
23-5656 Stephen M. Cooke, Jr. v. Allen Gang, Warden, et al. Fourth Circuit 2023-09-27 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence fourteenth-amendment involuntary-statements post-indictment-statements right-to-counsel sixth-amendment undercover-agent Was Cooke's Sixth Amendment right to counsel violated?
23-309 Michael Paul Nelson v. North Carolina North Carolina 2023-09-26 Denied Response Waived appellate-review civil-rights confrontation-clause criminal-procedure disability-rights due-process equal-access fundamental-rights reasonable-accommodation Does the Confrontation Clause and/or Due Process Clause require a criminal court to modify policies to allow a disabled defendant to use prosthetic de…
23-5616 Isaac Kipkurui Biegon v. United States Fifth Circuit 2023-09-20 Denied Response WaivedIFP accomplice-testimony confrontation-clause conspiracy-evidence conspiracy-hearsay corroboration corroboration-evidence criminal-procedure due-process hearsay jury-instructions sixth-amendment Whether a preliminary finding of a conspiracy could be based solely on the contested hearsay statement
23-5594 Brim Bell v. New Hampshire New Hampshire 2023-09-15 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure due-process false-testimony ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct sixth-amendment trial-procedure warrantless-search Whether trial-counsel erred by excluding the Defendant from the last two-days of trial?
23-5500 Le'Troy D. Merritt v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-09-01 Denied IFP confrontation-clause constitutional-law criminal-procedure due-process evidentiary-rules fair-trial federal-appeal habeas-corpus judicial-review procedural-due-process state-action Can a state's evidentiary rules violate the Constitution's due process clause by depriving a defendant of a fair trial?
23-5459 Maurice Turner v. Administrator, New Jersey State Prison, et al. Third Circuit 2023-08-28 Denied Response WaivedIFP co-defendant co-defendant-statements confrontation-clause criminal-procedure douglas-v-alabama due-process harmless-error pretrial-statements sixth-amendment testimony Whether the violation of the Confrontation Clause as explicated in Douglas v. Alabama was harmless error
23-5443 Scott Huss v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2023-08-25 Denied Response WaivedIFP 14th-amendment 5th-amendment 6th-amendment appellate-review confrontation confrontation-clause constitutional-violation due-process equal-application equal-protection habeas-corpus Is it a federal due process, confrontation, and equal application violation as guaranteed by the 5th, 6th, and 14th Amendments (U.S. Const.) when a st…
23-5454 Moses Crowe v. United States Eighth Circuit 2023-08-25 Denied IFP confrontation-clause confrontation-right criminal-procedure cross-examination drug-abuse due-process intoxication jury-unanimity methamphetamine witness-credibility Whether Petitioner's constitutional right to confrontation was violated
23-5427 Ranson Long Pumpkin v. United States Eighth Circuit 2023-08-24 Denied IFP confrontation-clause credibility credibility-evidence criminal-procedure cross-examination drug-usage drug-use evidence sixth-amendment Whether Long Pumpkiw's right to confrontation was denied
23A160 Brian Williams, Warden, et al. v. Reynaldo Agavo Ninth Circuit 2023-08-22 Presumed Complete attorney-misconduct clearly-established-law confrontation-clause equitable-tolling habeas-corpus section-2254 Whether the Ninth Circuit properly applied 28 U.S.C. § 2254(d)(1) in holding that Nevada courts unreasonably applied clearly established Confrontation…
23-5310 Joseph Tyshawn Darren Favorite v. United States Sixth Circuit 2023-08-09 Denied Response RequestedResponse WaivedRelisted (3)IFP burden-of-proof confrontation-clause criminal-conduct criminal-procedure due-process evidentiary-standards judicial-discretion police-report sentencing-enhancement uncorroborated-accusation Whether the Court may rely on an uncorroborated accusation of criminal conduct in a police report to enhance a defendant's sentence when the report is…
23-5315 Jesse Dean Redfearn v. Oklahoma Oklahoma 2023-08-09 Denied IFP 42-usc-1983 civil-rights compulsory-process confrontation-clause criminal-procedure due-process sixth-amendment witness-obstruction Did the trial court and/or the prosecution violate the Sixth Amendment confrontation-clause and clearly-established-law by concealing the location of …
23-5305 John Vaughn v. Nebraska Nebraska 2023-08-08 Denied Response WaivedIFP automobile-exception commercial-trains confrontation-clause fourth-amendment plain-smell-exception probable-cause search-and-seizure sixth-amendment warrant-requirement Does the automobile exception to the warrant requirement of the Fourth Amendment apply to commercial trains?
23-91 Nolan Marcus Forness, II v. Virginia Virginia 2023-08-01 Denied Response Waived body-cameras compulsory-process confrontation-clause due-process evidence-preservation fifth-amendment fourteenth-amendment sixth-amendment Defendant's right to access law enforcement recordings
23-5238 John Edward Scott v. United States Fifth Circuit 2023-07-28 Denied Response WaivedIFP appellate-review burden-of-proof confrontation-clause confrontation-clause-jurisprudence federal-rules-of-evidence machine-generated-data machine-produced-data supreme-court-jurisprudence testimonial-evidence testimonial-statements Who has the burden to show that a report sought to be introduced includes 'raw, machine produced data' and not testimonial statements triggering the C…
23-5203 Ronald Marion Carpenter v. Wisconsin Wisconsin 2023-07-26 Denied Response WaivedIFP confrontation-clause confrontation-rights credibility criminal-procedure due-process effective-assistance-of-counsel fair-trial ineffective-assistance-of-counsel mental-health-records Did Carpenter have a fair trial, the right to confront witness on prior acts when there's only a he say she say trial on credibility of both the compl…
23-5156 Markerrion D'Shon Allison v. Texas Texas 2023-07-24 Denied Response WaivedIFP confrontation-clause constitutional-error expert-testimony informant out-of-court-statement personal-knowledge testimonial-evidence witness-confrontation Whether a police officer's testimony relating an unidentified informant's out-of-court statement regarding the meaning of a phrase violated the defend…
23-5161 Derek M. Funk v. Oklahoma Oklahoma 2023-07-21 Denied IFP 14th-amendment 9th-amendment civil-rights confrontation-clause constitutional-challenge constitutional-law criminal-procedure due-process evidence-admissibility statute-interpretation statutory-interpretation Are Oklahoma statutes conformity with U.S. Constitution, Amendments IX and XIV?
23A37 Patrick Bowie v. William Lee, Superintendent, Greenhaven Correctional Facility Second Circuit 2023-07-14 Presumed Complete confrontation-clause crawford-v-washington fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment strickland-v-washington Whether the admission of an unproduced witness's statements without the defendant's opportunity to confront the witness violates the Sixth Amendment C…
23A27 Ranson Long Pumpkin v. United States Eighth Circuit 2023-07-13 Presumed Complete carjacking confrontation-clause crime-of-violence fair-trial firearm-discharge sixth-amendment Whether the Sixth Amendment's Confrontation Clause was violated in petitioner's trial for carjacking resulting in serious bodily injury and firearm di…
23A28 Moses Crowe v. United States Eighth Circuit 2023-07-12 Presumed Complete carjacking confrontation-clause eighth-circuit fair-trial firearm-possession sixth-amendment Whether the Eighth Circuit violated the Confrontation Clause of the Sixth Amendment and denied Mr. Crowe his constitutional right to a fair trial in h…
23-5064 Joseph Chandler Davall v. Warren L. Montgomery, Warden Ninth Circuit 2023-07-10 Denied IFP child-custody confrontation-clause constitutional-provisions criminal-procedure custody-dispute due-process evidence hearsay judicial-procedure legal-jurisdiction statutory-interpretation Whether the admission of a child's out-of-court statements violates the Confrontation Clause
22-7846 Vance Collins v. United States Second Circuit 2023-06-22 Denied Response WaivedIFP bruton-v-united-states codefendant codefendant-statement confrontation-clause crawford-v-washington criminal-procedure hearsay out-of-court-statement sixth-amendment Whether a defendant's rights under the Confrontation Clause are violated by the admission of a non-testifying codefendant's out-of-court statement
22-7793 Nedeltcho Vladimirov v. United States Fourth Circuit 2023-06-15 Denied Response WaivedIFP confrontation-clause covid-19-restrictions criminal-procedure due-process fair-trial less-restrictive-alternatives sixth-amendment speedy-trial witness-testimony Whether the Confrontation Clause of the Sixth Amendment is violated by requiring all trial witnesses to testify with masks
22-1203 Alan Patrick Fowler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-06-13 Denied confrontation-clause confrontation-right constitutional-rights criminal-law criminal-sentencing due-process ineffective-assistance ineffective-assistance-of-counsel mens-rea mental-health sentencing specific-intent Whether there is insufficient evidence of specific intent to commit murder
22-7744 Gregory Bartunek v. United States Eighth Circuit 2023-06-09 Denied Response WaivedIFP certificate-of-appealability confrontation-clause due-process habeas habeas-corpus ineffective-assistance-of-counsel sixth-amendment speedy-trial Did the Court of Appeals abuse its discretion, violating Bartunek's due-process rights, by failing to issue a Certificate of Appealability?
22-7604 Harbans Singh v. United States Ninth Circuit 2023-05-19 Denied IFP confrontation-clause criminal-procedure due-process hearsay immigration interpreter-testimony sixth-amendment Whether an interpreter's hearsay statements are subject to Confrontation Clause analysis, particularly when the statements themselves constitute the c…
22-7575 Larry Edmond v. Tommy Williams, Warden Tenth Circuit 2023-05-16 Denied Response WaivedIFP civil-rights confrontation-clause constitutional-rights due-process impartial-jury ineffective-assistance jury-bias racial-bias racial-discrimination structural-error trial-court Whether district court trial abuse its discretion and violated the defendant's constitutional right to an impartial jury
22-7542 Wilber Curtis Johnson v. Texas Texas 2023-05-12 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process evidence federal-constitution sexual-assault texas-constitution trial-procedure witness-testimony Whether testimony can be sufficient to render harmless any error in admitting additional testimony as evidence, when trial counsel objected to testimo…
22-1097 Don Fitzgerald Hancock v. United States District of Columbia 2023-05-10 Denied Response Waived confrontation-clause due-process effective-assistance-of-counsel plain-error religious-freedom religious-garment sixth-amendment witness-testimony Whether the Sixth Amendment right to confront and cross-examine witnesses was violated by allowing the sole witness to testify in a niqab
22-1068 Gary Paul Kirkman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-05-04 Denied certificate-of-appealability confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process melendez-diaz-v-massachusetts sane-records sixth-amendment Whether the Fifth Circuit erred in denying Gary Paul Kirkman's request for a certificate of appealability
22-1075 James E. Hinkle v. Ron Neal, Warden Seventh Circuit 2023-05-04 Denied Response Waived 6th-amendment confrontation-clause criminal-procedure due-process evidence federal-precedent impeachment impeachment-evidence witness-testimony Whether the right to confrontation was denied
22-7400 Maurice Morrison v. Massachusetts Massachusetts 2023-04-28 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-procedure due-process evidence fourteenth-amendment judicial-protection jury-deliberations jury-trial sixth-amendment trial-evidence Whether a juror's communication to the jury during deliberations of highly prejudicial specialized factual information that was based on his professio…
22-7343 William Levi Oliver v. Texas Texas 2023-04-21 Denied IFP 6th-amendment confrontation-clause criminal-procedure due-process evidence expert-testimony ineffective-assistance trauma-narrative videoconference-testimony witness Whether the Confrontation Clause permits out-of-state testimony via videoconference
22-7317 Rosa V. v. Ali H. California 2023-04-19 Denied IFP child-abuse civil-rights confrontation-clause criminal-procedure due-process evidence evidence-law hearsay-exception medical-records out-of-court-statements sixth-amendment Whether the trial court erred in excluding evidence of medical records and statements under the hearsay rule
22-7271 Gregg Haden v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-04-13 Denied IFP 14th-amendment 6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process fourteenth-amendment judicial-review supreme-court-precedent texas-procedure Whether Texas's procedure for failing to apply the Bullcoming standard and violating the 6th Amendment right to confrontation that is incorporated aga…
22-7222 Ray Dansby v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2023-04-05 Denied IFP bias confrontation-clause criminal-procedure cross-examination due-process informant jailhouse-informant witness-impeachment Whether preclusion of cross-examination about an informant's propensity for bias violates the Confrontation Clause
22-7103 George Lincoln Stanley, IV v. United States Fourth Circuit 2023-03-24 Denied Response WaivedIFP 28-usc-1291 confrontation-clause criminal-procedure hearsay-testimony ineffective-assistance-of-counsel ineffective-counsel jurisdiction kidnapping kidnapping-charges sixth-amendment sufficiency-of-evidence Whether Mr. Stanley's Sixth Amendment right to confront his witness was violated
22-7075 Dennis Morgan Hicks v. Alabama Alabama 2023-03-22 Denied IFP child-witnesses confrontation-clause crawford-v-washington criminal-defendant hearsay prior-statements sixth-amendment testimonial-statements witness-testimony Whether a criminal defendant is deprived of his Sixth Amendment right to confront witnesses against him
22-7026 Erin F. Graham, Jr. v. United States Seventh Circuit 2023-03-17 Denied Response WaivedIFP co-defendant confrontation-clause criminal-offense criminal-procedure domestic-incident hearsay hearsay-statements law-enforcement ongoing-criminal-offense Whether the introduction of a co-defendant's inculpatory hearsay statements violated the Confrontation Clause
22-899 Jason Smith v. Arizona Arizona 2023-03-16 Judgment Issued Amici (10)Response RequestedResponse WaivedRelisted (2) 6th-amendment confrontation-clause criminal-procedure criminal-trial expert-testimony forensic-analysis sixth-amendment subpoena testimonial-evidence Whether the Confrontation Clause permits the prosecution to present testimony by a substitute expert conveying the testimonial statements of a nontest…
22-885 South Carolina v. Angela D. Brewer South Carolina 2023-03-15 Denied confrontation-clause crawford-v-washington criminal-procedure expert-testimony forensic-evidence forensic-pathology melendez-diaz-v-massachusetts ohio-v-clark sixth-amendment testimonial-evidence testimonial-statements Whether lab results requested not by law enforcement but by a forensic pathologist to assist in making a routine cause of death determination are test…
22-6985 Lisa Bergman v. Jeremy Howard, Warden Sixth Circuit 2023-03-10 Denied Response WaivedIFP confrontation-clause constitutional-right criminal-defendant criminal-procedure due-process expert-testimony expert-witness prosecution-evidence right-to-counsel scientific-evidence scientific-expert Whether the Due Process Clause requires an impoverished criminal defendant to be appointed a scientific expert that is essential to confront scientifi…
22-844 Hamid Akhavan and Ruben Weigand v. United States Second Circuit 2023-03-06 Denied confrontation-clause criminal-procedure cross-examination exceptional-circumstances remote-testimony sixth-amendment trial-procedure Whether the Confrontation Clause of the Sixth Amendment is violated by denying a criminal defendant the right to cross-examine a key prosecution witne…
22-6920 Ogerta Helena Hartwein v. Missouri Missouri 2023-03-03 Denied IFP civil-rights confrontation-clause criminal-procedure custody domestic-violence due-process forfeiture forfeiture-by-wrongdoing intent witness-testimony Whether the Court of Appeals erred in affirming the conviction of the defendant for violating a court order when the defendant had not seen and was no…
22-6861 Jairo Francisco Solano v. Texas Texas 2023-02-24 Denied IFP 6th-amendment appellate-review confrontation-clause criminal-procedure defendant-objection due-process evidence evidence-admission hearsay judicial-procedure trial-court-error Did the trial court err by admitting hearsay testimony over the objection of Mr. Solano?
22-6828 Luis Espinoza v. Tammy Foss, Warden Ninth Circuit 2023-02-22 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause criminal-procedure due-process fourteenth-amendment jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony Were Mr. Espinoza's Sixth and Fourteenth Amendment rights violated?
22-6561 Telly Hankton v. United States Fifth Circuit 2023-01-18 Denied Response WaivedIFP confrontation-clause conspiracy-liability criminal-procedure federal-circuit-courts forfeiture-by-wrongdoing sixth-amendment standard-of-proof testimonial-statements What standard of proof is required for the admission of prior testimonial statements under the forfeiture-by-wrongdoing exception to the Confrontation…
22-6563 Jaquain Young v. United States Ninth Circuit 2023-01-18 Denied Response WaivedIFP complete-defense confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-admissibility federal-rules-of-evidence judicial-discretion right-to-present-defense severance witness-recantation Whether the district court erred in excluding witness Tierra Lewis's out-of-court identification of codefendant Esau Ferdinand under FRE 403, thereby …
22-6472 Vincent Paul Melendrez v. Jason Bennett, Superintendent, Stafford Creek Corrections Center Ninth Circuit 2023-01-06 Denied Response WaivedIFP confrontation confrontation-clause constitutional-rights criminal-defendant criminal-procedure defense due-process fifth-amendment self-incrimination sixth-amendment Where the Trial Court's Ruling Compelling the Election of Rights had required a criminal Defendant to waive his Fifth Amendment Constitutional Rights …
22-6462 Jerome K. Ta'afulisia v. Washington Washington 2023-01-05 Denied Response WaivedIFP confrontation-clause crawford-v-washington evidence-creation law-enforcement-solicitation michigan-v-bryant ohio-v-clark police-investigation primary-purpose-test sixth-amendment testimonial-statement Is a statement testimonial for purposes of the Confrontation Clause of the Sixth Amendment when the speaker talks with a trusted family member who is …
22-6465 Jess Richard Smith v. Washington Washington 2023-01-05 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process federal-law jurisdiction post-conviction state-court stay witness-testimony Whether the state court has decided an important question of federal law under the Due Process Clause of the United States Constitution
22-6427 Denver Sangster v. United States Third Circuit 2022-12-30 Denied Response WaivedIFP brady-vs-maryland confidential-informant confrontation-clause criminal-procedure good-faith-exception probable-cause search-and-seizure search-warrant Whether the lower courts erred in deciding probable cause, the confrontation clause concerning search and seizures and/or requirements of a warrant, w…
22-6437 Alan Singleton v. Tom Watson, Warden Sixth Circuit 2022-12-30 Denied Response WaivedIFP burden-of-proof confrontation-clause criminal-procedure due-process fair-trial hearsay hearsay-testimony ineffective-assistance right-to-counsel Did counsel provide ineffective assistance?
22-6414 Keith Antonio Barnett v. United States Fourth Circuit 2022-12-29 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process hearsay hearsay-testimony jury-instruction theory-of-defense Whether the Confrontation Clause was violated when prosecutors relied, exclusively, on hearsay testimony to convict the petitioner?
22-6401 William Clyde Culberson, Jr. v. Texas Texas 2022-12-28 Denied IFP 6th-amendment confrontation-clause crawford-vs-washington criminal-procedure due-process evidence evidence-law medical-records sixth-amendment testimonial-evidence Is medical records considered as confrontation clause covered under Crawford vs. Washington?
22-6356 Tyler Nees v. Oregon Oregon 2022-12-20 Denied Response WaivedIFP confrontation-clause cross-examination due-process evidence federal-review habeas-corpus hearsay independent-state-ground procedural-default sixth-amendment state-court Whether the Confrontation Clause of the Sixth Amendment prohibits the admission of testimonial hearsay evidence without an opportunity for cross-exami…
22-6331 Lance Green v. United States Third Circuit 2022-12-19 Denied Response WaivedIFP 6th-amendment 6th-amendment-confrontation confrontation-clause daubert dna-evidence due-process firearm-possession sixth-amendment speedy-trial-act 6th-amendment-confrontation,due-process,speedy-trial-act,6th-amendment,daubert,dna-evidence
22-6292 Ryan L. Bessert v. Wisconsin Wisconsin 2022-12-13 Denied Response WaivedIFP 6th-amendment confrontation-clause constitutional-interpretation crawford-precedent crawford-v-washington criminal-procedure due-process maryland-v-craig ohio-v-roberts two-way-video witness-testimony Does testimony taken using two-way video violate the Confrontation Clause?
22-6293 Dkyle Jamal Bridges v. United States Third Circuit 2022-12-13 Denied Response WaivedIFP 4th-amendment automobile-exception confrontation-clause confrontation-right fourth-amendment franks-hearing plain-view sentencing-factors sex-trafficking testimonial-hearsay Did the automobile exception to the Fourth Amendment justify the warrantless search of Petitioner's vehicle?
22-511 Thomas Dixon v. Texas Texas 2022-12-02 Denied Response RequestedRelisted (2) confrontation-clause constitutional-error courtroom-closure crawford-doctrine crawford-v-washington due-process hearsay-confession hearsay-exception hemphill-v-new-york recantations sufficiency-of-the-evidence Should Crawford be a one-way street?
22-6154 In Re Lyle R. Harrison 2022-11-28 Denied IFP 14th-amendment civil-rights confrontation-clause due-process illinois-supreme-court judge judicial-misconduct police-reports prosecutor speedy-trial Whether due process allows the Denial of Speedy Trial
22-6155 Ryan McGuire v. United States Ninth Circuit 2022-11-28 Denied Response WaivedIFP confrontation confrontation-clause criminal-trial cross-examination due-process fair-trial impeachment impeachment-evidence law-enforcement Does a trial court's ruling excluding evidence at trial violate a criminal defendant's right to due process, including the rights to confront and exam…
22-488 Darrell Hemphill v. New York New York 2022-11-22 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) appeal confrontation-clause constitutional-error criminal-procedure due-process evidence evidentiary-ruling harmless-error judicial-review out-of-court-statement supreme-court-precedent Whether the improper admission of the out-of-court statement by the alternative suspect was harmless
22-6124 Jason Baxter v. Harold D. Graham, Superintendent, Auburn Correctional Facility Second Circuit 2022-11-21 Denied Response WaivedIFP compulsory-process confrontation-clause criminal-procedure due-process right-to-counsel right-to-public-trial Whether the petitioner's due process rights were violated in the criminal proceedings against him
22-6077 William Donnell, III v. Eddie Caley, Warden, et al. Tenth Circuit 2022-11-16 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process extrinsic-evidence impeachment lead-detective right-to-present-defense trial-court-error trial-error witness-impeachment Did the trial court violate the defendant's Confrontation Clause rights and right to present a defense?
22-450 Gregory Shields, Sr. v. Kentucky Kentucky 2022-11-15 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) confrontation-clause constitutional-standard crawford-v-washington cross-examination due-process preliminary-hearing state-court-division state-court-split witness-testimony When, if ever, does a preliminary hearing provide an 'adequate opportunity' for cross-examination under the Confrontation Clause?
22-441 Rony Galicia v. Maryland Maryland 2022-11-10 Denied Response Waived abuse-of-discretion accomplice-confession appellate-review confrontation-clause cross-examination double-murder sixth-amendment standard-of-review Whether the Sixth Amendment is violated by a denial of cross-examination into an accomplice's confession
22-6009 David Matthew Carter v. South Carolina South Carolina 2022-11-07 Denied IFP civil-procedure confrontation-clause courtroom-removal Crawford-v-Washington criminal-procedure due-process Maryland-v-Craig sixth-amendment trial-rights witness-testimony Sixth-Amendment-right-to-be-present
22-5986 Raymond Howard v. United States Third Circuit 2022-11-03 Denied Response WaivedIFP 6th-amendment confrontation-clause criminal-procedure due-process expert-witness late-notice Whether the District Court's decision to allow the testimony of the Government's key expert witness over the Petitioner's objection based on late noti…
22-5926 Charles Chitat Ng v. California California 2022-10-27 Denied IFP confrontation-clause due-process extradition-hearing fifth-amendment fourteenth-amendment self-representation sixth-amendment stun-belt Was petitioner deprived of due-process, self-representation, fair-trial, confrontation
22-5841 Harry Sharod James v. United States Fourth Circuit 2022-10-14 Denied Response WaivedIFP civil-procedure commerce-clause confrontation-clause constitutional-authority district-court filing-fee judicial-tax procedural-discretion standing subject-matter-jurisdiction Did the United States Court of Appeals for the Fourth Circuit and the United States District Court of North Carolina, Eastern District abuse its discr…
22-5842 Lex Lugard Eugene v. Florida Florida 2022-10-14 Denied Response WaivedIFP confrontation-clause criminal-sentencing first-amendment fourteenth-amendment habitual-felony-offender-statute sixth-amendment unsubstantiated-allegations Whether unsubstantiated allegations of misconduct introduced in a criminal sentencing proceeding violates the First and Fourteenth Amendments
22-5731 Jonathan D. Carr v. Kansas Kansas 2022-10-03 Denied IFP capital-trial confrontation-clause criminal-procedure eligibility-phase selection-phase sentencing-phase sixth-amendment witness-confrontation Whether the Sixth Amendment's Confrontation Clause secures an accused's right to confront witnesses against him throughout the sentencing phase of a c…
22-5692 Kyle Brandon Rocha v. West Virginia West Virginia 2022-09-27 Denied Response WaivedIFP beyond-a-reasonable-doubt confrontation confrontation-clause constitutional-rights due-process hearsay hearsay-evidence reasonable-doubt sentencing sentencing-hearing standard-of-proof Is it a violation of a defendant's rights to due process of law and confrontation for a Court to make a finding in a sentencing hearing based solely o…
22-5588 John Wakefield v. New York New York 2022-09-15 Denied Relisted (2)IFP artificial-intelligence confrontation-clause due-process expert-testimony forensic-evidence probabilistic-genotyping sixth-amendment source-code Does the Confrontation Clause require disclosure of AI software source code?
22-5577 Marvin Davis v. Kevin Genovese, Warden Sixth Circuit 2022-09-13 Denied Response WaivedIFP child-interview child-witness confrontation-clause constitutional-challenge criminal-procedure due-process effective-assistance-counsel forensic-interviewer hearsay hearsay-statements sixth-amendment statutory-interpretation Whether the trial court erred in allowing the child video interview and whether T.C.A. section 24-7-123 is unconstitutional?
22-5579 William Baham v. Tim Hooper, Warden Fifth Circuit 2022-09-13 Denied Response WaivedIFP 14th-amendment civil-rights confrontation-clause constitutional-rights due-process equal-protection fourteenth-amendment ineffective-assistance state-action supremacy-clause Whether the 14th Amendment imposes upon the States of Louisiana the obligation to refrain from systemic, purposeful deprivations of substantive federa…
22-5550 Corey Bailey v. United States Sixth Circuit 2022-09-12 Denied Response WaivedIFP aiding-and-abetting confrontation-clause confrontation-rights fair-trial jury-impartiality racketeering-enterprise rico-conspiracy vicar-convictions warrant-exception Did the government prove the existence of a racketeering enterprise?
22-5520 Anthony Sims, Jr. v. New Jersey New Jersey 2022-09-07 Denied IFP confrontation-clause criminal-trial cross-examination hearsay hearsay-statement memory-loss pre-trial-hearing sixth-amendment testimonial-evidence Was the opportunity for cross-examination at the pretrial hearing adequate under the Confrontation Clause?
22-196 Adam Samia, aka Sal, aka Adam Samic v. United States Second Circuit 2022-09-01 Judgment Issued Amici (7) codefendant-confession confrontation-clause constitutional-rights criminal-procedure due-process evidence out-of-court-statement redaction sixth-amendment Whether admitting a codefendant's redacted out-of-court confession that immediately inculpates a defendant based on the surrounding context violates t…
22-5469 Jeffrey Beard, II v. United States Eleventh Circuit 2022-08-31 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination hearsay hearsay-evidence obstruction-of-justice sentencing sentencing-guidelines sixth-amendment Whether the defendant should have the right to confront a witness whose testimony is offered to enhance the sentencing guidelines sentence for conduct…
22-5471 Tremain Lamar Braxton, Timothy Roy Mason, and Darrell Lee-Lamont Summers, II v. United States Sixth Circuit 2022-08-30 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-sexual-conduct criminal-trial cross-examination evidence-exclusion incentive-to-testify sixth-amendment witness-credibility Whether a defendant's Sixth Amendment confrontation rights are violated when a trial court bars all cross-examination about events that concededly too…
22-5426 Joseph Antonetti v. Timothy Filson, Warden, et al. Ninth Circuit 2022-08-23 Denied IFP autopsy-report certificate-of-appealability confrontation-clause crawford-precedent crawford-v-washington criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner Did the courts below err in denying a Certificate of Appealability to review the holdings of the district court and the Nevada Supreme Court that Mr. …
22-155 Hiral M. Patel v. Connecticut Connecticut 2022-08-18 Denied Response Waived bourjaily-v-united-states confrontation-clause confrontation-rights crawford-v-washington criminal-procedure davis-v-washington due-process dutton-v-evans evidence-admission michigan-v-bryant penal-interest testimonial-statement Whether a statement against penal interest made by an inmate/declarant can qualify as a 'testimonial' statement under Crawford v. Washington
22-5369 Milton Lee Gardner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-08-17 Denied IFP confrontation confrontation-clause constitutional-error criminal-procedure due-process habeas-corpus jury-charge juvenile-adjudication juvenile-justice sentencing-enhancement Question not identified
22-5350 Randolph J. Norwood v. Florida Florida 2022-08-16 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process evidence fatal-variance trial-integrity victim-identification witness-testimony Whether a fatal variance and due process violation occurs when a state charges a defendant with a crime against a specific individual but presents a d…
22-139 Sari Alqsous v. United States Sixth Circuit 2022-08-15 Denied Response Waived charge-conference confrontation-clause criminal-procedure due-process hobbs-act mens-rea public-official sentencing sixth-circuit Whether the Sixth Circuit erred in analyzing ruling that Petitioner was not entitled to be present during the Charge Conference under Fed. R. Crim. P.…
22-5331 Mark Anthony Williams v. Michigan Michigan 2022-08-10 Denied IFP confrontation-clause criminal-sexual-conduct cross-examination cumulative-error due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment Insufficient-evidence-to-support-conviction
22-5261 Yusuf O. Bush v. David J. Ebbert District of Columbia 2022-08-08 Denied Response WaivedIFP civil-rights confrontation-clause constitutional-rights criminal-procedure due-process eighth-amendment federal-courts habeas-corpus standing statutory-interpretation Whether the AEDPA of 1996 violates the Constitution of the United States as to the 1st Amendment and 5th Amendment
22-5271 Jose Erbo, aka Tito, aka Pinguita, aka Miguel Garcia v. United States Second Circuit 2022-08-03 Denied Response WaivedIFP 6th-amendment autopsy-reports confrontation-clause due-process legal-conflict supreme-court-precedent supreme-court-precedents testimonial testimonial-evidence Whether Autopsy Reports Are Testimonial For Purposes Of The Confrontation Clause, And Whether The Unreasonable Application Of Clearly Established Supr…
22-5247 Luckens Petit v. Florida Florida 2022-08-01 Denied Response WaivedIFP bond-hearing confrontation-clause constitutional-rights crawford-precedent crawford-v-washington criminal-procedure due-process evidence florida-arthur-bond-hearing sixth-amendment Whether the Florida Arthur/Bond hearing satisfies the Sixth Amendment's Confrontation Clause requirement as explained in Crawford v. Washington
22-5164 Oscar Lenton, Sr. v. Warden, FCI Edgefield Fourth Circuit 2022-07-22 Denied Response WaivedIFP brady-v-maryland brady-violation confrontation-clause due-process evidence-suppression exculpatory-evidence fair-trial government-misconduct habeas-corpus prosecutorial-misconduct sixth-amendment Whether the Appeals Court ruling deprived petitioner of his right under Brady v. Maryland, where the Government had violated its obligation to turn ov…
22-5131 Terry Gillard v. California California 2022-07-19 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process fair-trial fourteenth-amendment sixth-amendment witness-impeachment Whether the California court's refusal to allow a witness to be impeached with his federal bank robbery conviction violated petitioner's clearly estab…
22-5117 Wade Robertson v. Committee on Grievances for the United States District Court for the District of Columbia District of Columbia 2022-07-18 Denied Response WaivedIFP administrative-proceedings confrontation confrontation-clause constitutional-rights cross-examination due-process professional-license professional-licensing quasi-criminal witness-testimony Does the Federal Constitution secure to the holder of a professional license, such as an attorney, the right to confront and cross-examine adverse wit…
22-5046 James R. Butler v. Florida Florida 2022-07-07 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure due-process foreign-witness oath oath-validity witness-testimony Whether the oath of a State's witness is valid in a criminal proceeding when the witness is testifying from a foreign country by video-satellite trans…
22-5027 Justin D. Bennett v. Texas Texas 2022-07-05 Denied IFP confrontation-clause constitutional-protections constitutional-review criminal-procedure due-process jackson-v-virginia out-of-court-statements sufficiency-of-evidence Whether the due process standard recognized in Jackson v. Virginia, 443 U.S. 307 (1979) constitutionally protects an accused against out-of-court stat…
21-8262 Antonio Jones v. Frank Vanihel, Warden Seventh Circuit 2022-06-29 Denied Response WaivedIFP confrontation-clause cross-examination due-process fourteenth-amendment police-investigation right-to-present-defense sixth-amendment testimonial-evidence witness-credibility Whether the Sixth and Fourteenth Amendments were violated
21-8237 Odece Dempsean Hill v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2022-06-27 Denied Response WaivedIFP confrontation-clause crawford-precedent crawford-v-washington forensic-nurse-examiner melendez-diaz-v-massachusetts ninth-circuit sexual-assault sexual-assault-victim testimonial-statements Whether the Confrontation Clause permits the prosecution to introduce the testimonial statements of a non-testifying sexual-assault-victim lay-witness
21-8128 Duane Williams v. United States Fifth Circuit 2022-06-14 Denied Response WaivedIFP confrontation-clause confrontation-right criminal-procedure due-process evidentiary-standard mandatory-conditions revocation-hearing standard-conditions supervised-release witness-testimony Whether the district court erred by revoking Mr. Williams' supervised-release-status-and-returning-him-to-prison
21-8139 Duenta Grier v. Georgia Georgia 2022-06-14 Denied Response WaivedIFP availability confrontation-clause constitutional-rights criminal-procedure cross-examination due-process government-agent minors testimonial-hearsay witness-availability Was the Confrontation Clause violated?
21-8054 Carlos Johnson v. Dan Reddington, Warden Missouri 2022-06-03 Denied Response WaivedIFP confrontation confrontation-clause constitutional-rights crawford-v-washington criminal-procedure due-process evidence-law habeas-corpus hearsay probation-revocation Whether criminal defendants in probation revocation proceedings should be provided a more robust right to confrontation under the due process clause, …
21-7978 Patrick Clay Kunkel v. California California 2022-05-26 Denied IFP brady-violation confrontation-clause double-jeopardy due-process newly-discovered-evidence prosecutorial-misconduct sixth-amendment Where petitioner received a conviction for premeditated attempted murder and attempted manslaughter of two individuals, were such that petitioner was …
21-7943 Anthony Gerald Wernsman v. Colorado Colorado 2022-05-23 Denied IFP colorado-courts confrontation-clause confrontation-rights criminal-procedure cross-examination due-process harmless-error self-incrimination witness-intoxication whether-confrontation-rights-were-violated
21-7854 Michael G. Peters v. David Hittner, Judge Fifth Circuit 2022-05-13 Dismissed IFP confrontation-clause criminal-procedure cross-examination hearsay sixth-amendment unavailability Whether the Sixth Amendment's Confrontation Clause prohibits the admission of testimonial hearsay statements in a criminal trial when the declarant is…
21-7856 William Garrido v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-05-13 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process prosecutorial-conduct prosecutorial-misconduct read-back-testimony right-to-fair-trial witness-testimony Whether a trial court violates a criminal defendant's constitutional right to due process of law by permitting a prosecutor to introduce previous unre…
21-7869 Timothy Thibodeaux v. Tim Hooper, Warden Fifth Circuit 2022-05-13 Denied Response WaivedIFP confrontation-clause confrontation-right constitutional-rights criminal-procedure due-process evidence fourteenth-amendment pro-se-petition sixth-amendment whether-mr-thibodeaux's-conviction-was-obtained-in-violation-of-the-sixth-and-fourteenth-amendments
21-7872 Steven Guardado v. Billy K. Sipe, Jr., et al. Arizona 2022-05-13 Denied Relisted (2)IFP compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process federal-constitution federal-question judicial-remedy pandemic-court state-courts Whether the decision of the Arizona Supreme Court prevents application of the Confrontation, Due Process and Compulsory Process Clauses of the US Cons…
21-7827 Stephen Luis Haro v. United States Ninth Circuit 2022-05-10 Denied Response WaivedIFP confrontation-clause due-process evidence-rule fair-trial government-negligence material-witness sixth-amendment trial-court Whether the trial court deprived Haro of his Sixth Amendment right to confrontation when it admitted at trial the unconfronted, out-of-court testimony…
21-7698 Daniel Davis v. United States Fifth Circuit 2022-04-26 Denied Response WaivedIFP confrontation-clause correctional-officer evidence hearsay prison sixth-amendment Was the Sixth Amendment right of confrontation violated by the introduction of a correctional officer's statement and testimony about another officer'…
21-7677 Kyle Maurice Parks v. United States Eighth Circuit 2022-04-21 Denied Response WaivedIFP confrontation-clause constitutional-violation criminal-conviction due-process fabricated-evidence fourth-amendment human-trafficking illegal-search probable-cause search-and-seizure warrant Whether the petitioner's Fourth Amendment rights were violated by an illegal search and seizure without a warrant and probable cause affidavit
21-7610 Terry Smith v. Florida, et al. Florida 2022-04-14 Denied Response WaivedIFP autopsy autopsy-testimony confrontation-clause due-process evidence forensic-evidence hearsay medical-examiner sixth-amendment testimony Does Florida's practice of allowing a medical examiner to testify to an autopsy he/she did not perform violate the Confrontation Clause?
21-7618 Tony Gene Williams, Sr. v. Texas Texas 2022-04-13 Denied Relisted (2)IFP confrontation-clause due-process habeas-corpus hearsay-testimony insufficient-evidence jailhouse-snitch newly-discovered-evidence sixth-amendment Whether the lower court erred in denying the petition for writ of certiorari
21-7572 Rebekah Rachell Shropshire v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-04-07 Denied IFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel fair-trial right-to-present-a-defense Whether the trial court's failure to allow the defendant to present evidence and argument that was crucial to her defense violated her constitutional …
21-7567 Cornell Devore Rhymes v. United States Fourth Circuit 2022-04-06 Denied Response WaivedIFP 6th-amendment confrontation-clause constitutional-confrontation credibility criminal-defendant-rights evidence-rule-412 federal-rule-of-evidence-412 prior-sexual-history sex-trafficking witness-testimony Does a court violate a defendant's constitutional right to confront witnesses against him when, the court relies on Federal Rule of Evidence 412 to pr…
21-7478 Derrick Jerome Spencer v. United States Eighth Circuit 2022-03-28 Denied IFP 1st-amendment capital-punishment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process federal-courts standing takings Whether Bikoner is being deprived of his civil rights by the capital courts' denial of due process of law
21-1291 Rodney Muschette v. United States Second Circuit 2022-03-24 Denied Response Waived 404(b)-evidence 5th-amendment circuit-split confrontation-clause due-process fifth-amendment fundamentally-unfair-trial hearsay-testimony sixth-amendment Was Mr. Muschette denied his 5th Amendment right to due process?
21-1247 Karina Rafter v. Virginia Virginia 2022-03-15 Denied Response Waived bias confrontation-clause out-of-court-statements reliability sixth-amendment state-of-mind-exception unreliability Does the admission of out-of-court statements of a decedent, offered under the state-of-mind exception, violate the Confrontation Clause of the Sixth …
21-7370 Dante Leon Milon v. Tim Hooper, Warden Fifth Circuit 2022-03-15 Denied Response WaivedIFP confrontation-clause due-process fair-trial impartial-jury ineffective-counsel judicial-misconduct jury-misconduct mistrial recusal trial-errors witness-testimony Question not identified
21-7358 Joseph Elliott v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-03-14 Denied Response WaivedIFP capital-case certificate-of-appealability confrontation-clause ineffective-assistance jury-selection out-of-court-statements right-to-counsel strickland-standard strickland-v-washington trial-preparation Whether trial counsel was ineffective under Strickland v. Washington where counsel met with petitioner for less than 15 minutes before trial
21-7316 Richard Duerson v. United States Sixth Circuit 2022-03-08 Denied Response WaivedRelisted (2)IFP absent-witness confrontation-clause criminal-procedure due-process evidence-admission hearsay hearsay-testimony judicial-discretion judicial-proceedings just-conclusion officer-testimony What obligation does the court have in allowing an officer to repeat an absent witness's statements which inculpate a defendant, over counsel's object…
21-7290 James L. Caudle v. Florida Florida 2022-03-07 Denied Response WaivedIFP confrontation-clause confrontation-rights constitutional-protections cruel-and-unusual-punishment due-process ex-parte-communication impartial-jury life-imprisonment presumption-of-innocence Whether the right to due process of law has been denied
21-7242 Michael Wayne Kelly v. Texas Texas 2022-03-01 Denied IFP appellate-review confrontation-clause confrontation-right criminal-defense evidence evidence-exclusion right-to-present-defense sixth-amendment trial-court-error witness-testimony Did the Court of Appeals err in excluding evidence that deprived Petitioner of his Sixth Amendment right
21-7213 Kwasi McKinney v. Arkansas Arkansas 2022-02-25 Denied Response WaivedIFP appellate-jurisdiction compulsory-process confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process equal-protection postconviction-relief speedy-trial When does the direct appeal of a jury trial conviction of six (6) different criminal offenses and sentence become final?
21-7109 Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2022-02-14 Denied IFP certificate-of-appealability confrontation-clause crawford-v-washington due-process forensic-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice whether-trial-counsel-was-ineffective-for-failing-to-object-to-forensic-dna-evidence
21-7051 Demarcus Antwon Chatmon v. Texas Texas 2022-02-03 Denied IFP body-camera body-camera-recording confrontation-clause criminal-procedure due-process hearsay hearsay-exception police-evidence primary-purpose testimonial-statement Whether the Confrontation Clause permits the admission of accusatory statements found on a police body camera recording without requiring the State to…
21-7033 Oscar Alvarado v. Eric Tice, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2022-02-01 Denied Response WaivedIFP appellate-review co-defendant-statement confrontation-clause harmless-error ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sufficiency-of-evidence Whether the Sixth Amendment Confrontation Clause was violated
21-6980 Michael R. Fowler v. Robert Fox, Warden Ninth Circuit 2022-01-27 Denied Response WaivedIFP civil-rights confrontation-clause criminal-procedure due-process evidence hearsay Whether the victim's statements to police are admissible at trial on the grounds of unavailability
21-993 Willard Anthony v. Louisiana Louisiana 2022-01-12 Denied Response RequestedResponse WaivedRelisted (10) confrontation-clause confrontation-right due-process fair-trial harmless-error presumption-of-innocence prosecutorial-misconduct prosecutorial-testimony structural-error witness-credibility Whether the presumption of innocence, the right to confrontation, and the right to a fair trial permit a court to allow the grand jury prosecutor to t…
21-6721 Tyrone Anderson v. Delaware Delaware 2021-12-23 Denied IFP 14th-amendment 6th-amendment confrontation-clause due-process fair-trial hearsay ineffective-assistance ineffective-assistance-of-counsel post-conviction standard-of-review trial-counsel Does it constitute ineffective assistance of counsel to fail to object to a state's chief witness's testimony that a non-testifying declarant stated t…
21-911 Dan V. Sharp v. United States Fifth Circuit 2021-12-21 Denied Response Waived confrontation-clause constructive-possession criminal-procedure double-jeopardy due-process firearms-offense ineffective-assistance joinder motion-to-suppress severance Whether the Court erred in failing to sever the counts by date
21-6653 Urban Fermin v. Anthony J. Annucci, Acting Commissioner, New York Department of Corrections and Community Supervision Second Circuit 2021-12-17 Denied IFP business-records confrontation-clause criminal-procedure dna-evidence evidence hearsay hearsay-exception sixth-amendment Whether the business record exception to hearsay survives the United States Constitution's Sixth Amendment Confrontation Clause
21-6635 Larry Alonzo Gibbs, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-12-16 Denied IFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process hearsay hearsay-evidence relevance reliability witness-testimony Does the State of Florida violate a defendant's right to confront witnesses when they allow the State to introduce evidence that a minor vt suffered f…
21-873 Damon Goodloe v. Christine Brannon, Warden Seventh Circuit 2021-12-14 Denied Response Waived confrontation-clause criminal-procedure custody due-process show-up show-up-identification sixth-amendment witness-testimony Whether the Confrontation Clause of the Sixth Amendment permits the prosecution to introduce statements elicited at a show-up conducted after the lone…
21-6374 Howard Paul Guidry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-11-23 Denied IFP certificate-of-appealability confrontation-clause confrontation-rights exculpatory-evidence fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default racial-discrimination Whether the Fifth Circuit improperly addressed the merits of the habeas claims
21-6375 Thomas Dudney v. Jeff Macomber, Warden Ninth Circuit 2021-11-22 Denied IFP certificate-of-appealability confrontation-clause due-process exculpatory-evidence hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel perjury sixth-amendment Whether the Court of Appeals improperly denied a Certificate of Appealability
21-6163 Gerard M. Lynch v. New York State Justice Center for the Protection of People With Special Needs New York 2021-11-04 Denied Response WaivedRelisted (2)IFP administrative-adjudication confrontation-clause confrontation-rights credibility-of-witnesses due-process hearsay-evidence occupational-debarment state-agency worker-rights Does the routine use of uncorroborated hearsay evidence to adjudicate accusations of wrongdoing against healthcare workers violate due process?
21-637 William Lee, Superintendent, Eastern Correctional Facility v. James Garlick Second Circuit 2021-11-01 Denied autopsy-report confrontation-clause deference habeas-corpus harmless-error testimonial Whether the Second Circuit created a circuit split and denied the state court judgment the deference mandated by 28-U.S.C-2254(d)(1) in granting habea…
21-6085 Robert George Knecht, Jr. v. Florida Department of Corrections, et al. Florida 2021-10-27 Denied IFP 1st-amendment 4th-amendment 5th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process first-amendment fourteenth-amendment standing Whether the State Court of Appeals erred and departed from the essential requirements of the law and federal constitutional claims
21-6098 Hector Enamorado, aka Vida Loca v. United States First Circuit 2021-10-27 Denied IFP bruton-doctrine bruton-v-united-states codefendant-confession confrontation-clause criminal-procedure evidence multi-defendant-trial multi-defendant-trials rico-conspiracy sixth-amendment Whether a confession by codefendant's counsel on behalf of his client during a multi-defendant trial is subject to Bruton v. United States, 391 U.S. 1…
21-618 Armand Jones v. Mississippi Mississippi 2021-10-27 Denied Response RequestedResponse WaivedRelisted (2) codefendant-conduct codefendant-liability confrontation-clause confrontation-right criminal-procedure forfeiture-by-wrongdoing sixth-amendment testimonial-evidence witness-unavailability Whether a defendant forfeits his Sixth Amendment right to confront a witness against him when the defendant did not engage in conduct designed to prev…
21-6081 Gerund Mickens, aka Breeze v. United States Second Circuit 2021-10-26 Denied Response WaivedIFP brady-disclosure brady-v-maryland confrontation-clause criminal-investigation due-process evidence-preservation fifth-amendment sixth-amendment Whether Brady v. Maryland, 373 U.S. 83 (1963), the due process clause of the Fifth Amendment, and the confrontation clause of the Sixth Amendment requ…
21-6089 Edward N. Daniels v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2021-10-26 Denied Response WaivedIFP bruton-precedent bruton-v-united-states co-conspirator co-defendant confrontation-clause criminal-procedure cross-examination due-process evidence-admissibility precedent Did the lower court err when they refused to apply this court's precedent in Bruton v. United States, 391 U.S. 123 (1968) when the co-conspirator / co…
21-6053 Jimmie Barge v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-10-22 Denied Response WaivedIFP alleyne apprendi apprendi-violation certificate-of-appealability confrontation-clause due-process equal-protection fifth-amendment prison-releasee-reoffender sixth-amendment Is the Florida State trial court erring when sentencing Petitioner to minimum mandatory term of life in.prison because the Prison Releasee Reoffender …
21-576 Benjamin Forrest Carter v. Virginia Virginia 2021-10-20 Denied Response Waived confrontation-clause constitutional-violation criminal-procedure hearsay hearsay-testimony judicial-error prior-testimony remedy sixth-amendment Whether the Supreme Court of Virginia erred in affirming the defendant's convictions where the Circuit Court erred in admitting victim-witness hearsay…
21-6012 Michael Rimmer v. Tennessee Tennessee 2021-10-20 Denied IFP capital-trial confrontation-clause criminal-procedure double-jeopardy due-process fundamental-fairness prosecutorial-misconduct trial-fairness witness-unavailability whether-the-courts-below-erred-by-upholding-the-trial-court's-determination-that-the-only-witness-to-petitioner's-purported-jailhouse-confession-was-u…
21-556 Alexander P. Bebris v. United States Seventh Circuit 2021-10-15 Denied Response Waived confrontation-clause constitutional-rights criminal-procedure evidentiary-hearing evidentiary-hearings pretrial-hearing pretrial-hearings sixth-amendment witness-credibility Does the Sixth Amendment and Confrontation Clause apply to all pretrial evidentiary hearings implicating the credibility of a witness?
21-5851 Daniel Bryan Kelly, Jr. v. California California 2021-10-04 Denied IFP child-witness confrontation-clause criminal-procedure due-process evidence fair-trial gang-related-crime ineffective-counsel trial-rights witness Why wasn't I allowed to face my accuser and cross-examine at trial?
21-5856 Raymond LeQuan Gibbs v. Neil McDowell, Warden Ninth Circuit 2021-10-04 Denied Response WaivedIFP bias confrontation-clause credibility criminal-trial cross-examination informant-testimony informant-witness sixth-amendment witness-credibility Whether the Sixth Amendment's Confrontation Clause was violated when the defendant was prevented from cross-examining an informant witness on topics i…
21-5830 Bradley David Johnson v. Stuart Sherman, Warden Ninth Circuit 2021-09-30 Denied IFP confrontation-clause crawford-v-washington criminal-procedure due-process evidence sixth-amendment Whether the Confrontation Clause of the Sixth Amendment was violated when the trial court admitted testimonial statements of a non-testifying witness
21-5807 Christian Estrada Comacho v. Nebraska Nebraska 2021-09-29 Denied Response WaivedIFP confrontation-clause covid-19 covid-19-exception criminal-procedure cross-examination due-process interpreter-testimony two-way-video video-testimony witness-demeanor witness-testimony Did the district court err in allowing testimony via two-way interactive video over confrontation objections due to witness' COVID-19 concerns?
21-5729 Frank R. Stevenson v. New York New York 2021-09-22 Denied Response WaivedIFP appellate-review confrontation-clause due-process federal-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-court-appeals writ-of-error-coram-nobis Whether the New York Court of Appeals precedential case, on confrontation violation claims, is contrary to clearly established federal law
21-5756 Gettus Leroy Mintz v. Arizona Arizona 2021-09-22 Denied IFP civil-rights confrontation-clause criminal-procedure dna-testing due-process equal-protection false-testimony forensic-evidence grand-jury sixth-amendment witness-testimony Whether the State of Arizona violated the Petitioners' 5th and 14th Amendment rights to due process and equal protection when it used false testimony …
21-5687 Darrell Hochhalter v. Jason Clendenion, Warden Sixth Circuit 2021-09-17 Denied Response WaivedIFP 14th-amendment confrontation-clause due-process false-evidence impeachment plain-error recent-fabrication witness-impeachment Does 'recent fabrication' rise to the same significance as 'false evidence' in influencing the fairness of a trial per the 14th Amendment
21-5666 William Marcellus Campbell v. United States Eighth Circuit 2021-09-15 Denied IFP 6th-amendment abuse-of-discretion appellate-review confrontation-clause cooperating-witness criminal-procedure de-novo-review sentencing Whether a Defendant's 6th Amendment Confrontation Clause Rights are violated when a district court judge prohibits questions to a cooperating accompli…
21-5576 Victor Shawn Brown v. Debbie Asuncion, Warden Ninth Circuit 2021-09-03 Denied Response WaivedIFP compulsory-process confrontation-clause due-process fair-trial prosecutorial-misconduct witness-credibility Whether prosecutors can attack the credibility of the petitioner's witnesses by calling them 'liars' when the state's own witnesses lack credibility
21-5504 Eric Worley v. United States Sixth Circuit 2021-08-26 Denied Response WaivedIFP base-offense-level burden-of-proof confrontation-clause criminal-procedure drug-quantity evidence preponderance-of-evidence presentence-report sentencing sentencing-guidelines Whether the government failed to prove the drug quantity used to determine the defendant's base offense level by a preponderance of the evidence, in v…
21-5438 Noe Gerardo Morin v. Bobby Lumpkin. Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-20 Denied IFP brady-disclosure confrontation-clause crawford-standard crawford-v-washington fundamental-fairness hearsay hearsay-statement ineffective-counsel non-testimonial prejudice right-to-confront testimonial Would a reasonable jurist find error in the District Court's assessment that hearsay statement in the case at bar was 'non testimonial' according to t…
21-5398 Scott Estes v. United States First Circuit 2021-08-17 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process emergency-call evidence hearsay-exception sixth-amendment testimonial-statements Did the United States Court of Appeals for the First Circuit fail to correctly apply the objective primary purpose test for testimonial statements mad…
21-5405 George A. Luna v. Anna Valentine, Warden Sixth Circuit 2021-08-17 Denied Response WaivedIFP civil-procedure civil-rights confrontation-clause domestic-violence due-process evidentiary-rule federal-jurisdiction forfeiture-by-wrongdoing hearsay-exception pleadings standing witness-unavailability Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted
21-210 Wisconsin v. Mark D. Jensen Wisconsin 2021-08-13 Denied Response RequestedResponse WaivedRelisted (6) confrontation-clause criminal-procedure domestic-abuse emergency-exception future-crime ongoing-emergency sixth-amendment testimonial-hearsay Can a person's statement expressing fear about a possible future crime be testimonial under the Sixth Amendment's Confrontation Clause?
21-5362 Robert Lee Crawford v. United States Ninth Circuit 2021-08-13 Denied Response WaivedIFP confrontation-clause due-process fourth-amendment fourth-amendment-violation law-enforcement-misconduct misrepresentation pretextual-stop seizure warrantless-search Is the Fourth Amendment violated by a warrantless off-site forced entry search of a gunsafe preceded by a warrantless seizure facilitated by officer m…
21-5366 Abram K. Sollman v. Nebraska Nebraska 2021-08-13 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment hearsay-evidence witness-testimony whether-the-nebraska-courts-reliance-on-witness-statements-induced-erroneous-or-prejudicial-hearsay-evidence
21-5367 Roger Everett Smith, III v. United States Ninth Circuit 2021-08-13 Denied Response WaivedIFP alien-transporting alienage confrontation-clause criminal-procedure deposition-testimony good-faith-effort material-witnesses sixth-amendment witness-procurement Whether the mailing of form letters addressed to three material witnesses in three small villages in Mexico approximately two weeks before trial amoun…
21-5309 Zachary Cooper v. Virginia Virginia 2021-08-06 Denied IFP actual-bias conflict-of-interest confrontation-clause due-process fraud judicial-bias judicial-conduct judicial-recusal standard-of-review state-judicial-conduct trial-procedure Due-process-recusal
21-5294 Wilshaun King v. Mike Brown, Acting Warden Sixth Circuit 2021-08-04 Denied Response WaivedIFP autopsy-report confrontation-clause criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner plea-bargaining plea-offer right-to-counsel sixth-amendment Sixth Amendment right to effective assistance of counsel for plea offers during jury deliberations
21-5255 Nathaniel B. Appleby-El v. Maryland Maryland 2021-07-30 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence evidence-admission right-to-counsel witness-testimony Whether the use of transcripts denied the defendant's right of confrontation
21-5238 Deyaa Khalill v. W. L. Montgomery, Warden Ninth Circuit 2021-07-28 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process preliminary-hearing sixth-amendment Whether the admission of preliminary hearing testimony violates a criminal defendant's Sixth Amendment right to confrontation
21-5211 Edwin Artis Pettaway v. United States Eleventh Circuit 2021-07-26 Denied Response WaivedIFP confidential-informant confrontation-clause constitutional-rights criminal-procedure drug-possession due-process firearm-possession search-and-seizure search-warrant sentencing Was Mr. Pettaway denied his constitutional right to present a complete defense?
21-39 Benjamin Ramirez Ruiz v. California California 2021-07-12 Denied Response Waived child-protective-services confrontation-clause crawford-v-washington criminal-procedure evidence-law ongoing-emergency sixth-amendment testimonial-evidence testimonial-statement Was a statement made to a child protective services investigator testimonial for the purposes of the Sixth Amendment Confrontation Clause
20-8435 Vladimir Eugene v. Florida Florida 2021-06-28 Denied Response WaivedIFP 6th-amendment confrontation-clause due-process equal-protection evidence fair-trial fourteenth-amendment hearsay ineffective-assistance non-hearsay-purpose Whether otherwise inadmissible nontestimonial hearsay admitted for non-hearsay purpose and thereafter used for their truth as substantive evidence vio…
20-8416 Raul Ramos v. United States Fifth Circuit 2021-06-25 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process hearsay-evidence sentencing-guidelines sixth-amendment united-states-v-haymond Whether the district court's reliance on hearsay evidence to impose a guideline sentence of life violates Ramos's right to confront and cross-examine …
20-8428 Joseph George v. M. Eliot Spearman, Warden, et al. Ninth Circuit 2021-06-24 Denied IFP confrontation-clause criminal-procedure due-process evidence expert-testimony sixth-amendment Whether the evidence and expert testimony presented at trial was sufficient to satisfy the Confrontation Clause of the Sixth Amendment
20-1790 Alston Campbell, Jr. v. United States Eighth Circuit 2021-06-23 Denied Amici (1)Relisted (2) accomplice-witness accomplice-witnesses appellate-review confrontation-clause cross-examination due-process sentencing-benefits standard-of-review Whether a trial court violates a defendant's rights under the Confrontation Clause by prohibiting cross-examination of accomplice witnesses about the …
20-8366 Larry Dean Garrett, Jr. v. United States Eleventh Circuit 2021-06-21 Denied Response WaivedIFP coercion confrontation-clause criminal-procedure exclusionary-rule false-statements fourteenth-amendment fourth-amendment jury-bias plea-negotiation search-and-seizure sixth-amendment Did the district court err by suppressing evidence illegally seized with a warrant obtained by the use of false statements violating Petitioners' Four…
20-8345 Ricky Parkerson v. United States Fifth Circuit 2021-06-17 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-production burden-of-proof confrontation-clause due-process sentencing sixth-amendment Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Process …
20-8307 Lamar McKnight v. Josie Gastelo, Warden Ninth Circuit 2021-06-15 Denied Response WaivedIFP confrontation-clause cross-examination due-process evidence expert-testimony gang-enhancement gang-expert jury-instruction natural-probable-consequences right-to-confront testimonial-hearsay Should a COA have been granted to decide if the trial court's admission of the gang expert's testimonial hearsay deprived McKnight of his right to con…
20-8312 Ronald Delester Burke v. Washington Washington 2021-06-15 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination nurse-examiner sexual-assault sexual-assault-nurse-examiner sixth-amendment testimonial-statements Does the Confrontation Clause prohibit a Sexual Assault Nurse Examiner from testifying about statements made during a forensic examination by an adult…
20-8266 Eric Lucas v. Florida Department of Corrections, et al. Eleventh Circuit 2021-06-09 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause constitutional-rights due-process hearsay hearsay-evidence ineffective-assistance jury-trial prosecutorial-misconduct sixth-amendment Whether Petitioner's Constitutional Rights Under The 5th, 6th And 14th Amendments Were Violated
20-8192 Jorge Ramon Newball-May v. United States Eleventh Circuit 2021-06-02 Denied Response WaivedIFP confrontation-clause criminal-procedure jurisdiction jury-trial maritime-drug-law maritime-law pre-trial-hearing sixth-amendment statutory-interpretation Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501 et. seq., is unconstitutional on its face and in violation of the Sixth Amendment right…
20-8164 Michael Mosley v. John Rich, Superintendent, Elmira Correctional Facility Second Circuit 2021-05-27 Denied Response WaivedIFP actual-innocence circumstantial-evidence confrontation-clause due-process habeas-corpus herrera-v-collins ineffective-counsel schlup-v-delo sixth-amendment Whether the new credible and compelling evidence of actual innocence, combined with the alibi, constitutes a 'truly persuasive showing of actual innoc…
20-8174 Esad Lemo v. Pennsylvania Pennsylvania 2021-05-27 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process intellectual-disability language-access language-interpretation mental-capacity police-interrogation right-to-interpretation sixth-amendment Is the Constitution violated where a defendant who speaks only Bosnian and has an IQ of 57 receives no interpretation during the suppression hearing t…
20-1649 Ronald Jeremy Hyatt v. California California 2021-05-26 Denied confrontation-clause due-process effective-assistance-of-counsel fourteenth-amendment preliminary-hearing sixth-amendment witness-disclosure Whether the prosecution may refuse to disclose the names and address of the 23 victims and additional witnesses it intends to call at petitioner's pre…
20-8151 Marcus D. Williams v. California California 2021-05-26 Denied IFP confrontation-clause constitutional-evidence criminal-procedure due-process evidence-admissibility forensic-evidence forensic-testing hearsay hearsay-evidence testimonial-statement testimonial-statements What degree of formality is necessary before hearsay statements contained within a forensic testing report which connect an accused to the testing res…
20-8099 Joseph Reinwand v. Susan Novak, Warden Seventh Circuit 2021-05-24 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-rights due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment testimonial-statements Whether the Seventh Circuit Court of Appeals failed to apply the law on deceased out-of-court testimonial statements by a non-testifying witness, ther…
20-8095 Pasqual Lozano v. Robert Legrand, Warden, et al. Ninth Circuit 2021-05-20 Denied IFP confrontation-clause due-process fair-trial federal-prisoners habeas-corpus ineffective-assistance-of-counsel ninth-circuit petition-for-review prosecutorial-misconduct sentencing Whether petitioner's Fourteenth Amendment rights to due process and a fundamentally fair trial were denied
20-8054 Joseph Reinwand v. Susan Novak, Warden Seventh Circuit 2021-05-19 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-rights due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment Whether the Seventh Circuit Court of Appeals failed to apply the law on deceased out-of-court testimonial statements by a non-testifying witness
20-1605 Justin Terrell Atkins v. Timothy Hooper, Warden Fifth Circuit 2021-05-18 Denied Response RequestedResponse WaivedRelisted (2) aedpa brecht-v-abrahamson confrontation-clause habeas habeas-corpus harmless-error harmlessness preservation-rule sufficiency-of-evidence Whether the preservation rule applies to the State's forfeiture of harmlessness in AEDPA cases
20-8046 Shawn Bishop v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2021-05-17 Denied Response WaivedIFP codefendant-confession confrontation-clause criminal-procedure curative-instruction due-process ineffective-assistance scant-evidence witness-testimony Does a curative instruction remedy a Confrontation Clause violation?
20-8028 Ryan Jason Brannon v. Texas Texas 2021-05-14 Denied IFP accuser available-to-testify confrontation-clause criminal-defendant cross-examination due-process right-to-confront sixth-amendment witness-testimony Whether the plain language of the Sixth Amendment's Confrontation Clause gives a defendant the literal right to confront and cross-examine their accus…
20-1565 Michael Ryan Mitchan v. United States Fifth Circuit 2021-05-11 Denied Response Waived confrontation-clause criminal-procedure due-process hearsay hearsay-evidence relevant-conduct sentencing-guidelines Should defendants in criminal cases be permitted to confront witnesses against them at sentencing when their uncorroborated hearsay statements are sol…
20-7990 Jose Meza v. Stuart Sherman, Warden Ninth Circuit 2021-05-11 Denied Response WaivedIFP bruton-v-united-states co-defendant-statements co-defendants confrontation-clause constitutional-procedure crawford-v-washington criminal-evidence informant ninth-circuit-interpretation testimonial testimonial-statements Did the Ninth Circuit err in holding that Crawford v. Washington, 541 U.S. 36 (2004) effectively and silently overruled Bruton v. United States, 391 U…
20-1470 Thomas A. Jeffrey v. Pennsylvania Pennsylvania 2021-04-20 Denied Response Waived confrontation-clause crawford-v-washington criminal-procedure due-process emergency-medical-treatment evidence-collection sexual-assault testimonial-evidence Whether statements made by a suspected sexual assault victim at the emergency room to hospital personnel during the sexual assault evidence collection…
20-7774 Kevin Johnson v. Texas Texas 2021-04-16 Denied Response WaivedIFP appellate-review civil-rights confrontation-clause criminal-procedure double-standard due-process evidentiary-standard expert-testimony forensic-evidence ineffective-assistance post-conviction Whether the court of appeal erred in allowing the use of statements of unaddressed witnesses as basis for expert opinions and presenting their finding…
20-7729 Casey Rose v. United States Fifth Circuit 2021-04-13 Denied Response WaivedIFP competency-hearing confrontation-clause cooperating-witness cross-examination due-process impeachment indiana-v-edwards self-representation witness-impeachment Whether the termination of cross-examination of a cooperating-witness-with-incentives-to-lie prior to being able to impeach the witness violated the c…
20-7700 Robert Ibarra v. W. L. Montgomery, Acting Warden Ninth Circuit 2021-04-09 Denied Response WaivedIFP co-defendant-statements co-perpetrator-statements confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process evidence-exclusion first-degree-murder hearsay right-to-defense right-to-present-defense Does the exclusion of statements by a co-perpetrator that he was solely responsible for the charged murder and the defendant was innocent violate the …
20-1401 James Dennis v. Virginia Virginia 2021-04-06 Denied Response Waived confrontation-clause constitutional-rights cruel-and-unusual-punishment due-process false-evidence fifth-amendment first-amendment fourteenth-amendment prosecutor prosecutorial-misconduct Does any Court have the authority to extinguish a defendant's due process rights via the Fifth and Fourteenth Amendment by allowing the prosecutor to …
20-7666 Willie Ponder v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-04-06 Denied Response WaivedIFP 28-usc-2253 28-usc-2254 actual-innocence certificate-of-appealability confrontation-clause due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel Whether the court of appeals improperly denied the Petitioner a certificate of appealability
20-7664 Jessie Willie Green v. Willis Chapman, Warden Sixth Circuit 2021-04-05 Denied Response WaivedIFP 6th-amendment civil-rights confrontation-clause due-process exculpatory-evidence identification-evidence identification-procedures ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether the petitioner's constitutional rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments were violated due to issues with identificati…
20-7644 Skip Hansen v. Kentucky Kentucky 2021-04-01 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process evidence-exclusion fourteenth-amendment right-to-defense right-to-present-defense sixth-amendment witness-testimony Did the Kentucky Court of Appeals allow Mr. Hansen's right to present a full and complete defense, which is protected by the Sixth and Fourteenth Amen…
20-7600 Antonio Navarro v. California California 2021-03-30 Denied IFP confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment translation-evidence witness-testimony Whether the admission of a translation of a witness's statement made in anticipation of litigation without calling the translator at trial for cross-e…
20-7574 Robert K. Rymer v. United States Court of Appeals for the Seventh Circuit Seventh Circuit 2021-03-26 Denied IFP 6th-amendment brady-violation civil-rights confrontation-clause due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether Rymer's state trial violated his right to effective assistance of counsel and due process under the Sixth and Fourteenth Amendments
20-1347 Selvin Eduardo Zecena-Valdez v. Nevada Nevada 2021-03-25 Denied confrontation-clause criminal-procedure due-process evidence evidence-admissibility fair-trial prior-bad-acts reverse-404(b) sexual-assault Whether the Supreme Court of Nevada's interpretation and application of Nevada Revised Statute (NRS) 48.045(2) deprived Mr. Zecena of his right to a f…
20-7547 Saloman Martinez v. United States Sixth Circuit 2021-03-25 Denied Response WaivedIFP confrontation-clause constitutional-interpretation criminal-law criminal-procedure due-process evidence judicial-discretion kentucky-law sentencing-guidelines sixth-amendment standard-of-proof supreme-court-precedent Whether the defendant's conviction and sentence are in conflict with the Supreme Court's precedents in (1) Crawford v. Washington, 541 U.S. 36 (2004),…
20-7503 Mark Randall Jones v. United States Fifth Circuit 2021-03-19 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence-admissibility fourth-amendment fourth-amendment-violation gut-feeling mail-chute post-office warrantless-search warrantless-seizure Whether the Warrantless Seizure of Packages from the Mail Chute at the U.S. Post Office Based on Nothing More than a 'Gut Feeling' Violates the Fourth…
20-7448 Shuntario Johnson v. United States Sixth Circuit 2021-03-15 Denied Response WaivedIFP chambers-v-mississippi confrontation-clause criminal-procedure due-process hearsay jury-instructions right-to-confront-witnesses right-to-present-defense right-to-present-evidence sixth-amendment Whether the Sixth Circuit's decision to affirm the hearsay objection was contrary to Chambers v. Mississippi, 410 U.S. 284, 302 (1973) and its progeny…
20-7443 Rotimi Salu, et al. v. Denise Miranda, et al. Second Circuit 2021-03-12 Denied Response WaivedIFP 14th-amendment administrative-procedure administrative-review confrontation-clause due-process employment-termination healthcare-workers hearsay-evidence state-agency state-agency-adjudication Due-process-rights-of-healthcare-workers
20-7401 Ronald Brandon v. Jay Forshey, Warden Sixth Circuit 2021-03-10 Denied Response WaivedIFP civil-rights confrontation-clause constitutional-rights contemporaneous-objection criminal-procedure due-process jurisdiction standing state-court-procedure Whether the handling of the handling of the Old Faction Roll below the Abba, Lo filed, and the following additional questions defy the jurisdiction of…
20-1226 Tracy Will Vaughn v. Arkansas Arkansas 2021-03-05 Denied Response Waived confrontation-clause constitutional-right-to-present-defense counseling-records due-process evidentiary-privilege privilege right-to-defense sexual-assault testimonial-development Whether a state may declare a sexual assault accuser's counseling records absolutely privileged even when the counseling is used to develop the accuse…
20-7343 Justin David Williams v. Utah Utah 2021-03-05 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence hearsay sixth-amendment standard-of-review witness-testimony Whether the court of appeals erred in its admission of the father's 911 call under the excited utterance exception to the hearsay rule
20-7275 Alvin Herron v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-02-26 Denied Response WaivedIFP certificate-of-appealability confrontation-clause criminal-procedure due-process hearsay ineffective-assistance ineffective-assistance-of-counsel interrogation prior-record sixth-amendment Whether the court of appeals improperly denied the Petitioner a certificate of appealability
20-7231 Troy Baker v. United States Sixth Circuit 2021-02-24 Denied Response RequestedResponse WaivedRelisted (2)IFP background-evidence circuit-split confrontation-clause criminal-procedure evidence-admissibility investigative-context jury-instructions out-of-court-statements prejudice Should the Court Grant the Petition to Resolve a Conflict Among the Circuit Courts Over the Propriety of Admitting Out-of-Court Statements That a Defe…
20-1147 Thomas Jefferson Smallwood v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-22 Denied certificate-of-appealability compulsory-process confrontation confrontation-clause fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment standard-of-review Should a certificate of appealability issue
20-7190 Erik Sanchez v. Terry Jacques, Warden Tenth Circuit 2021-02-22 Denied Response WaivedIFP confrontation-clause consecutive-sentences constitutional-rights criminal-procedure due-process federal-review judicial-discretion plea-bargaining post-conviction-relief sentencing sentencing-guidelines Whether the sentencing court must enter a factual basis to support a consecutive sentence when a defendant has never pled guilty to such facts, depriv…
20-7203 Chiron Sharrol Francis v. Texas Texas 2021-02-22 Denied Response WaivedIFP chambers-v-mississippi confrontation-clause crane-v-kentucky crime-scene-evidence due-process evidence-authentication evidence-preservation fair-trial right-to-present-defense sixth-amendment Did the police's bad-faith-handling-of-evidence deny the defendant due-process-and-fair-trial
20-1132 DeMichael Tyrone Moore and Derrick Darnell Moore v. Tennessee Tennessee 2021-02-19 Denied confrontation-clause constitutional-rights criminal-procedure cross-examination effective-cross-examination federal-law hearsay-exception memory-loss prior-recorded-statement witness-testimony Whether the Confrontation Clause is violated by admitting a prior recorded statement of a witness who testifies he has no memory of making the stateme…
20-7114 Aesha Johnson v. United States Sixth Circuit 2021-02-11 Denied Response WaivedIFP co-defendant confrontation-clause constitutional-law constitutional-rights criminal-procedure evidence invited-error plea-agreement Does the admission of a non-testifying co-defendant's plea agreement implicating the defendant violate the Confrontation Clause?
20-7066 William Echols v. Douglas Fender, Warden Sixth Circuit 2021-02-05 Denied Response WaivedIFP allied-offenses case-joinder confrontation-clause constitutional-rights due-process evidence-sufficiency fair-trial joinder trial-fairness Whether Echols was denied a fair and impartial trial due to several major constitutional and due process violations that included an improper joiner o…
20-6918 Richard Moseley, Sr. v. United States Second Circuit 2021-01-26 Denied Response WaivedIFP conflict-of-law confrontation-clause criminal-law due-process fair-warning overfederalization-of-criminal-law rico rico-statute testimonial-statements unlawful-debt Whether a defendant is provided fair warning under due process when a federal statute is applied to create a federal crime of conduct otherwise lawful…
20-6939 Thomas Nevius v. Gurbir S. Grewal, Attorney General of New Jersey, et al. Third Circuit 2021-01-26 Denied Response WaivedIFP administrative-law brady-violation civil-procedure civil-rights co-defendant-confession confrontation-clause criminal-procedure due-process equal-protection evidence-admissibility judicial-discretion standing Whether the lower court erred in dismissing petitioner's claims for lack of standing
20-6856 Lavon Oden v. Neil Turner, Warden Sixth Circuit 2021-01-14 Denied Response WaivedRelisted (2)IFP confrontation-clause cross-examination effective-assistance-of-counsel hearsay hearsay-evidence ineffective-assistance prosecutorial-misconduct sixth-amendment Was LaVon Oden's Sixth Amendment right to confront witnesses violated?
20-6820 Eljarod Lawson v. California California 2021-01-12 Denied Response WaivedIFP confrontation confrontation-clause constitutional-immunity due-process sexual-assault sixth-amendment sixth-fourteenth-amendment testimonial-hearsay witness-unavailability Was the Sixth Amendment right of confrontation violated?
20-6845 Tony Tran v. Wisconsin Wisconsin 2021-01-12 Denied Response WaivedIFP appeal confrontation-clause credibility criminal-procedure due-process evidence Whether the circuit Court erred where the court ruled that Tran could not elicit evidence to attack the credibility of Tran's accuser
20-921 Braulio Marcelo Castillo v. Virginia Virginia 2021-01-08 Denied Response Waived child-witness closed-circuit-testimony confrontation-clause crawford-precedent crawford-v-washington criminal-trial due-process maryland-v-craig sixth-amendment Does the Confrontation Clause allow a non-victim child witness to testify against his father via two-way closed-circuit television when the witness ca…
20-6748 Edward David v. Eloy Ituarte, et al. Ninth Circuit 2020-12-31 Denied Response WaivedIFP 6th-amendment confrontation-clause criminal-procedure due-process evidence witness Whether the Sixth Amendment Confrontation Clause was violated
20-6705 Ian LaMonte Cormier v. James Comey, et al. Ninth Circuit 2020-12-23 Denied IFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Whether the court's placement of the defendant's boss on the stand to testify about the defendant's phone call to his boss constitutes a violation of …
20-6453 Marcos Alejandro Gonzalez Flores v. United States Ninth Circuit 2020-11-25 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process fourth-amendment search-and-seizure suppression-hearing suppression-motion witness-testimony Whether the Sixth Amendment's Confrontation Clause, the Fifth Amendment's Due Process Clause, or some other authority guarantees a criminal defendant …
20-6397 Douglas Cornejo v. Christian Pfeiffer, Warden Ninth Circuit 2020-11-20 Denied Response WaivedIFP brady-disclosure brady-evidence confrontation-clause criminal-procedure cross-examination due-process preliminary-hearing prosecutorial-misconduct right-to-present-defense witness-testimony Should a COA Have Been Granted to Decide If the Prosecutor's Failure to Disclose Brady Evidence Deprived Cornejo of His Right to Confront and Cross-Ex…
20-6338 James H. Smith v. Brian Cook, Warden Sixth Circuit 2020-11-16 Denied Response WaivedIFP aedpa-deference confrontation-clause constitutional-rights criminal-charges deficient-performance federal-claim ineffective-assistance-of-counsel state-court-misconstrue trial-court Can an attorney demonstrate deficient performance in representing a client while also facing serious criminal charges in the same court
20-637 Darrell Hemphill v. New York New York 2020-11-10 Judgment Issued Amici (14)Response RequestedResponse WaivedRelisted (3) confrontation-clause constitutional-rights criminal-procedure evidence evidence-law hearsay-exception right-to-confrontation testimonial-hearsay trial-strategy Whether, or under what circumstances, a criminal defendant who opens the door to responsive evidence also forfeits his right to exclude evidence other…
20-6185 Bryan Lamar Brown v. United States Fourth Circuit 2020-11-03 Denied Response WaivedIFP bruton bruton-rule co-defendant-statement confrontation-clause constitutional-violation criminal-procedure due-process evidence harmless-error Does a statement facially incriminate a person for purposes of Bruton Confrontation Clause analysis when one defendant says that as a group they took …
20-6196 Mark Xavier Wallace v. United States Fourth Circuit 2020-11-03 Denied Response WaivedIFP confrontation-clause constitutional-challenge criminal-evidence criminal-procedure district-court-procedure due-process evidence fourth-circuit-review hearsay hearsay-testimony standard-of-review Whether the Fourth Circuit erred in admitting inadmissible and prejudicial hearsay testimony
20-6141 David William Smith v. United States Fourth Circuit 2020-10-27 Denied Response WaivedIFP burden-of-proof confrontation-clause evidence-rule-701 expert-testimony hearsay-evidence law-enforcement-testimony lay-opinion professional-experience rule-701 rule-702 testimonial-hearsay When can law enforcement officers offer lay opinions based on professional experience?
20-6138 Jerry Walker v. Wendy Kelley, Director, Arkansas Department of Correction Arkansas 2020-10-26 Denied Response WaivedRelisted (2)IFP 6th-amendment civil-rights confrontation-clause constitutional-challenge criminal-procedure declaratory-judgment due-process evidence procedural-error sixth-amendment Whether the petitioner was denied due process in his criminal trial
20-528 Nicholas S. Baas v. United States Armed Forces 2020-10-20 Denied Response Waived confrontation-clause court-martial daubert-standard due-process scientific-evidence sixth-amendment unanimous-verdict Whether a military servicemember's Sixth Amendment and due process rights are violated by allowing a conviction for non-capital offenses by a general …
20-6040 Charlie Bell Bullock v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-10-15 Denied IFP capital-punishment confrontation-clause criminal-procedure cross-examination ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence professional-norms sentencing-phase sixth-amendment standard-of-review victim-rights Does the Confrontation Clause require a victim to be made available for cross-examination if pictures of them are submitted, and is counsel ineffectiv…
20-485 Michael Torrence v. Kentucky Kentucky 2020-10-14 Denied 14th-amendment cell-phone-evidence cell-phone-tower-evidence confrontation-clause cross-examination due-process lay-witness pretrial-identification state-action whether-the-court's-ruling-that-cell-phone-tower-location-data-and-interpretation-may-be-presented-by-an-unqualified-lay-witness-who-is-unable-to-answ…
20-5984 Ricardo Woods v. Brian Cook, Warden Sixth Circuit 2020-10-09 Denied Response WaivedIFP batson-challenge batson-v-kentucky confrontation-clause constitutional-law dying-declaration giles-v-california peremptory-challenge sixth-amendment testimonial-statement trial-procedure whether-state-courts-misapply-confrontation-clause
20-5905 Travon Jarvel Jackson v. United States Ninth Circuit 2020-10-05 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure evidence-admissibility federal-rules-of-evidence rule-412 rule-608b sex-trafficking sixth-amendment witness-impeachment Whether evidence of prior prostitution activity that is inadmissible under Rule 412 of the Federal Rules of Evidence to rebut a claim of sex trafficki…
20-5920 Richard Cortez v. Iowa Iowa 2020-10-05 Denied IFP confrontation-clause criminal-procedure disclosure due-process sixth-amendment witness-testimony Whether a defendant's Sixth Amendment right to confrontation was violated when the State's primary eyewitness to the exchange testified under a false …
20-5888 Burton Lee Smith v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-10-02 Denied IFP 404(b)-jury-instructions bruton-v-united-states certificate-of-appealability confrontation-clause constitutional-rights effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions mug-shot-identification severance-of-defendants sleeping-juror trial-procedure Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability
20-5896 In Re Douglas Weissert 2020-10-02 Denied IFP confrontation-clause constitutional-rights cross-examination evidence-admissibility mental-health prescription-medication sixth-amendment trial-procedure witness-testimony Whether the state trial court violated the defendant's Sixth Amendment rights by prohibiting cross-examination and evidence regarding the witness's me…
20-5870 Demarcus Clark v. Darrel Vannoy, Warden Fifth Circuit 2020-10-01 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure dna-analysis due-process evidence expert-testimony sixth-amendment Did the State's admission of the ill-court testimony and OWA report of a Surrogate DWA analyst in lieu of the actual testing DWA analyst and DWA repor…
20-5805 Ian Resnick v. United States Third Circuit 2020-09-28 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure due-process fraud-loss overview-testimony sentencing-guidelines sixth-amendment testimonial-statements Whether the Confrontation Clause permits the admission of an accuser's statement against a criminal defendant under the guise of 'overview testimony'
20-5818 Tyrone Johnston v. Kevin Ransom, Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2020-09-25 Denied Response WaivedIFP autopsy certificate-of-appeal circuit-split confrontation-clause confrontation-rights constitutional-provisions district-court due-process habeas-corpus jurists-of-reason third-circuit Did the Third Circuit err in denying a certificate of appeal (COA)
20-5784 Cedric Jeffries v. Ohio Ohio 2020-09-24 Denied IFP complaining-witness confrontation confrontation-clause constitutional-rights due-process evidence prior-sexual-assault rape-shield-law sexual-assault witness-testimony Does a State rape-shield law violate the Constitutional rights to confrontation and due process?
20-5712 Marcus Vernell Coleman v. Darrel Vannoy, Warden Fifth Circuit 2020-09-16 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process fifth-circuit ineffective-assistance new-trial prejudice right-of-confrontation strickland-standard strickland-v-washington Did the federal Fifth Circuit Court of Appeal apply the correct legal standard in accordance to Strickland's prejudicial prong when petitioner(s) righ…
20-5665 Nathaniel Marcus Gann v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2020-09-11 Denied IFP confrontation-clause constitutional-law criminal-procedure due-process evidence evidence-admissibility habeas-corpus testimonial-statements Is the admission of irrelevant or overtly prejudicial evidence a due process violation?
20-317 Dakai Chavis v. Delaware Delaware 2020-09-10 Denied Response RequestedResponse WaivedRelisted (4) confrontation-clause criminal-procedure dna-evidence evidence-admissibility multi-analyst-testing out-of-court-statements testimonial-statements Whether the Confrontation Clause permits DNA evidence obtained as the result of a multi-analyst testing process to be introduced against the defendant…
20-5536 Joseph Scott McKinney v. Louisiana Louisiana 2020-08-31 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-defense due-process evidence evidence-exclusion rape-shield rape-shield-law sixth-amendment Whether Louisiana's Rape Shield law and the lower courts' rulings contravened the defendant's Sixth Amendment confrontation right and due process at t…
20-5520 Michael Williamson v. Harold May, Warden Sixth Circuit 2020-08-26 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights due-process fair-trial hearsay hearsay-statements right-to-witnesses sixth-amendment witness-exclusion Was Michael Williamson afforded a fair trial and right to confront his accusers or right to witnesses in his favor
20-5483 Dion Black v. Norm Robinson, Warden Sixth Circuit 2020-08-25 Denied IFP certificate-of-appealability confrontation-clause confrontation-rights cross-examination double-inference-rule effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence Should the petitioner have been granted a certificate of appealability
20-5439 Jesse Santibanez v. United States Fifth Circuit 2020-08-21 Denied Response WaivedIFP ABUSE-OF-DISCRETION CONFRONTATION-CLAUSE confrontation-right CRIMINAL-PROCEDURE CROSS-EXAMINATION district-court-discretion SIXTH-AMENDMENT WITNESS-CREDIBILITY witness-testimony Did the District Court violate Santibanez's Sixth Amendment right to confront witness Evangeline Perez Vela against him?
20-5425 Rasheen J. Gamble v. New York New York 2020-08-20 Denied IFP confrontation-clause criminal-procedure cumulative-error dna-evidence due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct Was defense counsel ineffective for consenting to the prosecutor's extremely untimely request for a DNA sample?
20-5407 Dominique Mack v. United States Second Circuit 2020-08-19 Denied Relisted (4)IFP confrontation-clause criminal-procedure cruel-and-unusual-punishment due-process evidence jailhouse-informant mandatory-minimum mandatory-sentencing plain-error sentencing statements-against-interest Whether the district court's admission of jailhouse informant testimony violated this Court's jurisprudence on statements against interest
20-5369 Don Farmer v. Bernard Booker, Warden Fourth Circuit 2020-08-17 Denied Response WaivedIFP confrontation-clause court-procedure crawford-vs-washington due-process evidence-testimonial ineffective-assistance legal-standards professional-norms sixth-amendment testimonial-evidence verbal-testimony witness-testimony Whether the evidence supplied through verbal testimony of a witness is considered testimonial
20-5331 Michael A. Bruzzone v. Intel Corporation, et al. Ninth Circuit 2020-08-13 Denied Response WaivedIFP administrative-procedure anti-SLAPP antitrust civil-rights confrontation confrontation-clause due-process equal-protection retaliation Whether District and Appellant Courts can deny a citizen's 14th Amendment guarantees of due process, confrontation, and equal protection in a 15 U.S.C…
20-5344 Christopher Taylor v. Illinois Illinois 2020-08-13 Denied Response RequestedResponse WaivedRelisted (4)IFP 6th-amendment autopsy-report cause-of-death confrontation-clause criminal-procedure knowing-murder lesser-included-offense murder-charge sixth-amendment testimonial-evidence Whether a defendant is denied his Sixth Amendment right to be confronted with the witnesses against him
20-5297 Demarius Bridges v. Illinois Illinois 2020-08-07 Denied IFP confrontation-clause criminal-procedure due-process hearsay hearsay-testimony right-to-confrontation sixth-amendment standing testimonial-hearsay unavailable-witness Can unconfrented testimonial hearsay be used as hearsay admission at trial?
20-5257 Jimmy McLain Moore v. United States Sixth Circuit 2020-08-04 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure due-process fair-trial fourth-amendment law-enforcement right-to-confrontation sixth-amendment witness-communication Whether the Sixth Circuit Court of Appeals failed to decide an important Federal Question regarding the right of a Defendant to confront witnesses aga…
20-79 Cedric L. Daniels v. Dave Davey, Warden Ninth Circuit 2020-07-27 Denied Response Waived confrontation-clause due-process evidence-admission fourteenth-amendment hearsay impeachment-evidence jury-instructions sixth-amendment three-strikes-law Denial of Sixth Amendment right to confront witnesses and Fourteenth Amendment due process
20-5116 Steven B. Anderson v. Thomas Winn, Warden Sixth Circuit 2020-07-21 Denied Response WaivedIFP civil-rights confrontation-clause constitutional-rights criminal-trial demonstrative-evidence due-process fair-trial false-testimony ineffective-assistance-of-counsel prosecutorial-misconduct Whether the State of Michigan violated Petitioner's constitutional right to due process by presenting known false testimony and by using inconsistent …
20-5127 Thomas Eric Espinoza v. Colorado, et al. Tenth Circuit 2020-07-21 Denied Response WaivedIFP actual-innocence confrontation-clause constitutional-error due-process expert-examination fair-trial habeas-corpus lab-evidence right-to-present-defense scientific-evidence witness-testimony Did the trial court deny Mr. Espinoza before trial his right to counsel, a fair process, confrontation, and the right to present a defense that would …
20-5129 David Aziel Sheer v. Patrick Warren, Warden Sixth Circuit 2020-07-21 Denied Response WaivedIFP certificate-of-appealability confrontation-clause effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Whether this Court should issue a writ of certiorari
19-8920 Deshawn Colbert v. Sherry L. Burt, Warden Sixth Circuit 2020-07-08 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel new-trial pre-arrest-silence prosecutorial-misconduct sixth-amendment Whether the appellant's Sixth Amendment right to confrontation was violated due to ineffective assistance of counsel
19-8803 Bennie Adams v. Ohio Ohio 2020-06-24 Denied IFP autopsy-report confrontation-clause crawford-v-washington criminal-procedure evidence-law sixth-amendment testimonial-evidence Is an autopsy report testimonial evidence that demands confrontation under Crawford v. Washington, 541 U.S. 36 (2004), and the Sixth Amendment to the …
19-8705 Barry Arkim, aka Edward Mason v. Joseph Noeth, Superintendent, Attica Correctional Facility New York 2020-06-15 Denied IFP 5th-amendment 6th-amendment confrontation-clause criminal-procedure due-process right-to-counsel Did the court violate the petitioner's right to confront witnesses against him?
19-8661 Justo Jonah Santos v. United States Eleventh Circuit 2020-06-10 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-prosecution immigration immigration-law naturalization sixth-amendment testimonial testimonial-evidence Whether the immigration officer's handwritten notes and checkmarks on a naturalization application are 'testimonial' and subject to the Sixth Amendmen…
19-8607 Derrick Thompson v. Patrick Griffin, Superintendent, Sullivan Correctional Facility Second Circuit 2020-06-04 Denied Relisted (2)IFP confrontation-clause fair-trial forensic-analysis forensic-evidence ineffective-assistance ineffective-assistance-of-counsel right-to-fair-trial sixth-amendment speedy-trial testimonial-evidence testimonial-statements Does the Confrontation Clause permit the introduction of testimonial identification statements of a non-testifying forensic analyst?
19-8514 Farid Popal v. New York New York 2020-05-21 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process post-conviction-hearing post-conviction-proceedings right-to-present-defense sixth-amendment video-testimony witness-coaching Whether two-way video testimony violates a criminal defendant's confrontation and right to present a complete defense under Sixth Amendment to the U.S…
19-8519 James E. Myers v. Nebraska Nebraska 2020-05-21 Denied IFP civil-rights confrontation-clause dna-testing due-process equal-protection habeas-corpus substantive-due-process writ-of-certiorari Whether Procedual Due Process, Substantive Due Process, Equal Protection, and Confrontational Clause have been violated
19-8497 Christopher Lyman v. Kansas Kansas 2020-05-19 Denied Response WaivedIFP confrontation-clause criminal-defendant due-process expert-testimony first-amendment fourteenth-amendment medical-expert religious-discrimination sixth-amendment Whether a court can deny a criminal defendant his medical expert, who's expert testimony is critical to a material fact in dispute, and base this deni…
19-8477 Timothy Martin Kendrick v. United States Eighth Circuit 2020-05-15 Denied Response WaivedIFP 2nd-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process free-speech judicial-interpretation sixth-amendment standing Whether the petitioner's proceedings below violated his constitutional rights
19-8420 Charles Wilson v. Wisconsin Wisconsin 2020-05-12 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process evidence evidentiary-ruling ineffective-assistance-of-counsel jury-instructions jury-selection prosecutorial-discretion trial-court-discretion witness-testimony Whether the trial court abused its discretion when it excluded several jurors for failing to follow the voir dire process
19-8425 Chayce Aaron Anderson v. Colorado Colorado 2020-05-08 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights cross-examination due-process fair-trial jailhouse-informant jury-trial prejudicial-evidence Whether the district court erred in limiting the scope of cross-examination of a jailhouse informant, denying the defendant's constitutional right to …
19-1256 Jennifer Mae Levin v. Florida Florida 2020-04-30 Denied Response Waived cause-of-death confrontation-clause criminal-procedure due-process dui-manslaughter expert-testimony medical-records sixth-amendment Whether the prosecution can meet its burden of proving cause of death through the testimony of a hospitalist who did not treat the alleged victim and …
19-8326 Charles Brandon Martin v. Maryland Maryland 2020-04-21 Denied Response WaivedIFP brady-violation burden-of-proof confrontation-clause evidence-sufficiency materiality materiality-standard sufficiency-of-evidence voir-dire witness-availability When a Brady violation (Brady v. Maryland, 373 U.S. 83 (1963)) occurs, must the Court take into account the effects of the Brady violation, or simply …
19-8270 Earl Mayberry Johnson, Jr. v. The Florida Bar Florida 2020-04-16 Denied Response WaivedIFP 14th-amendment attorney-discipline confrontation-clause disbarment due-process equal-protection florida-bar service-of-process Whether the State of Florida violated the Petitioner's 14th-Amendment-due-process, 14th-Amendment-equal-protection, Confrontation-Clause, service-of-p…
19-8040 Jerry Meas v. Osvaldo Vidal, Superintendent, Souza-Baranowski Correctional Center, et al. First Circuit 2020-03-19 Denied Response WaivedIFP certificate-of-appealability confrontation confrontation-clause credibility criminal-procedure cross-examination due-process evidence habeas-corpus judicial-discretion sixth-amendment sixth-amendment-confrontation witness-credibility Whether it is permissible under a criminal defendant's Sixth Amendment right of confrontation for a trial judge to curtail materially relevant cross-e…
19-8015 Gabriel Cruz v. United States Eleventh Circuit 2020-03-18 Denied Response WaivedIFP bruton-rule co-defendant-statement codefendant-statement confrontation-clause criminal-appeal criminal-procedure eleventh-circuit non-testimonial non-testimonial-statement severance Whether the United States Court of Appeal Eleventh Circuit erred in finding that the Bruton rule does not mandate a severance when a non-testifying co…
19-7994 David Armondo Butler v. Florida Florida 2020-03-16 Denied Response WaivedIFP adversarial-conflict Confrontation-Clause criminal-procedure Due-Process effective-assistance-of-counsel evidence-preservation Evidentiary-Issues Fourteenth-Amendment ineffective-assistance prior-acts-of-violence prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel strategic-decision video-footage Was court-appointed counsel's decision not to seek video footage of alleged victim's prior acts of violence a violation of the Sixth Amendment right t…
19-7988 Junior Jean Baptiste v. United States Eleventh Circuit 2020-03-13 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure criminal-trial due-process evidence harmless-error hearsay hearsay-standard standard-of-review Where hearsay, consisting of an inculpatory, out-of-court statement made other than to law enforcement, is erroneously introduced to the defendant's p…
19-7920 Iverylee Arashella Johnson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-03-10 Denied IFP confrontation-clause constitutional-violation due-process fifth-amendment sixth-amendment strickland-standard strickland-v-washington unreasonable-application unsworn-testimony Was Johnson's due process and Sixth Amendment confrontation clause protections violated by allowing Powell's unsworn testimony to be presented to the …
19-7925 Ronald O'Rourke v. Jacqueline Lashbrook, Warden Seventh Circuit 2020-03-10 Denied IFP 6th-amendment confrontation-clause constitutional-rights counsel criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance-of-counsel reasonable-conduct right-to-counsel sixth-amendment suppressed-evidence trial-court-discretion Whether the trial court abused discretion in denying petitioner's request for counsel
19-7932 Enrique Auch v. Massachusetts Massachusetts 2020-03-10 Denied IFP confrontation-clause criminal-procedure cross-examination evidence-law feigning memory-loss out-of-court-statements sixth-amendment testimonial-statements witness-testimony Whether the Confrontation Clause permits the prosecution to introduce out-of-court testimonial statements from a witness who is feigning memory loss a…
19-7942 Daniel Dale Parsons v. R. Blades, Warden Ninth Circuit 2020-03-10 Denied Response WaivedIFP adverse-witness co-defendant-guilty-plea co-defendant-statement compulsory-process compulsory-process-clause confrontation-clause criminal-procedure cross-examination harmless-error plain-error waiver Has the accused's right of confrontation been converted from the prosecutor's duty under Confrontation Clause into the accused's privilege under the C…
19-7946 Dirk Greineder v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2020-03-10 Denied Response WaivedIFP confrontation-clause dna-evidence dna-testing expert-testimony laboratory-analysis scientific-evidence sixth-amendment substitute-analyst substitute-analysts targeted-accusation Does the Confrontation Clause prohibit an expert prosecution witness from testifying at a jury trial to the results of DNA tests
19-7830 Pablo Antonio Pantaleon-Aviles v. United States Eleventh Circuit 2020-03-09 Denied Response WaivedIFP confrontation-clause criminal-procedure deportation deportation-warrant evidence illegal-reentry immigration immigration-law sixth-amendment Whether a warrant of deportation admitted to prove an essential element of the offense of illegal reentry is subject to confrontation under the Sixth …
19-7866 Farid Popal v. Stephen Brown Second Circuit 2020-03-04 Dismissed IFP civil-rights confrontation-clause constitutional-violation criminal-procedure due-process habeas-corpus witness-tampering Whether the U.S. Constitution protects witnesses from being tampered with when a detective was whispering into his ears during live Skype testimony in…
19-7862 Wesley Paul Coonce, Jr. v. United States Eighth Circuit 2020-03-03 Denied Relisted (4)IFP atkins-v-virginia capital-punishment confrontation-clause eighth-amendment equal-protection fifth-amendment intellectual-disability moral-culpability sentencing-hearing Whether the execution of a defendant with intellectual disability that arose after age 18 violates the Eighth and Fifth Amendments
19-7827 Terry O'Nell Hall v. Texas Texas 2020-03-02 Denied IFP co-defendant confrontation-clause criminal-trial cruel-and-unusual-punishment due-process evidentiary-inconsistency fundamental-fairness inconsistent-testimony right-to-fair-trial sentencing-disparity victim-testimony witness-testimony Did the court of appeals err in deciding petitioner's right to due process was not violated, where the victim testified one way during his trial and t…
19-7819 Shamsuddin Dost v. United States Ninth Circuit 2020-02-28 Denied Response WaivedIFP anonymous-testimony confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process fair-trial sixth-amendment undercover-agents Is it a violation of the Sixth Amendment to allow undercover agents to testify anonymously during a criminal trial?
19-1065 Teresa Ann Johnson v. Alaska Alaska 2020-02-28 Denied Response RequestedResponse WaivedRelisted (2) confrontation-clause criminal-procedure expert-testimony forensic-evidence lab-report sixth-amendment surrogate-expert testimonial-evidence Whether the Confrontation Clause prohibits the prosecution from introducing into evidence at trial a certified lab report reflecting statements of non…
19-7802 Fernando Ramirez Noria v. United States Fifth Circuit 2020-02-27 Denied Response WaivedIFP alienage confrontation-clause crawford-precedent crawford-v-washington essential-element federal-rules-of-evidence Hearsay non-testifying-agents sixth-amendment Did the admission of the non-testifying agents' reports of their interviews of the defendant to prove alienage, an essential element of the offense, v…
19-7773 James Curtis Denton v. United States Fourth Circuit 2020-02-26 Denied Response WaivedIFP affidavits business-records confrontation-clause criminal-procedure due-process evidence evidence-admission hearsay-exception sixth-amendment Whether the introduction of unconfronted affidavits establishing the foundation for admission of business records violates the Confrontation Clause of…
19-7713 Ronelle Lamar Oudems v. United States Fifth Circuit 2020-02-20 Denied Response WaivedIFP burden-of-proof circuit-split confrontation-clause confrontation-right criminal-procedure due-process presentence-report sentencing Whether the burden of proof for factual findings in a Presentence Report should be on the government or the defendant
19-7710 George R. Young v. Wanza Jackson-Mitchell, Warden Sixth Circuit 2020-02-19 Denied IFP actual-innocence confrontation-clause constitutional-rights criminal-proceeding due-process evidentiary-hearing habeas-corpus ineffective-assistance newly-discovered-evidence self-incrimination state-court-proceedings Whether the District Court erred in denying petitioner's actual-innocence claim
19-7603 Mark D. Jensen v. William Pollard Seventh Circuit 2020-02-10 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause confrontation-right constitutional-error constitutional-violation criminal-procedure double-jeopardy due-process habeas-corpus judicial-remedy retrial trial-rights Whether the State may refuse to retry a successful habeas petitioner who has established a constitutional trial error by simply initiating proceedings…
19-7599 Tracey Smith-Kilpatrick v. United States Sixth Circuit 2020-02-07 Denied Response WaivedIFP business-records confrontation-clause crawford-v-washington evidence-rule federal-rule-of-evidence-803(6) federal-rules-of-evidence government-use hearsay hearsay-exception record-reliability sixth-circuit testimonial-statement testimonial-statements Whether business records qualify as inadmissible hearsay
19-7540 Random Jackson v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-02-04 Denied Response WaivedIFP 28-usc-2254 attorney-abandonment attorney-neglect confrontation-clause due-process equitable-tolling habeas-corpus holland-v-florida ineffective-assistance postconviction-proceedings reasonable-diligence state-postconviction Whether the Petitioner is entitled to equitable tolling
19-7450 George Maurice Steele v. United States Fifth Circuit 2020-01-29 Denied Response WaivedIFP confrontation confrontation-clause confrontation-right criminal-procedure due-process fifth-amendment revocation-hearing sentencing supervised-release witness-testimony Whether the district court erred by allowing testimony at the revocation hearing that violated Mr. Steele's Fifth Amendment due process right to confr…
19-7473 Milon Jarr Brown v. Michigan Michigan 2020-01-29 Denied IFP civil-rights confrontation-clause constitutional-rights discretion due-process expert-testimony fifth-amendment hearsay judicial-bias photographic-evidence prosecutorial-misconduct self-incrimination sixth-amendment Was the petitioner denied a meaningful opportunity to present a complete defense?
19-7485 Michael J. Aguon v. Warren L. Montgomery, Warden, et al. Ninth Circuit 2020-01-29 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-clause-crawford-v-washington crawford-v-washington due-process effective-assistance-of-counsel gang-expert ineffective-assistance-of-counsel miranda-v-arizona miranda-warnings police-investigation police-officer-gang-expert prosecutorial-misconduct testimonial-hearsay Whether the prosecution's gang expert's hearsay testimony violated Crawford v. Washington
19-7448 Dennis Rydbom v. Donnie Ames, Superintendent, Mount Olive Correctional Complex West Virginia 2020-01-28 Denied IFP Compulsory-Process Confrontation-Clause due-process Equal-Protection fourteenth-amendment-due-process fourteenth-amendment-equal-protection fourth-amendment fourth-amendment-probable-cause fourth-amendment-warrant-requirement sixth-amendment-compulsory-process sixth-amendment-confrontation state-sovereignty Questions Presented
19-7442 Andrew Lee Williams v. Texas Texas 2020-01-27 Denied IFP confrontation confrontation-clause constitutional-vagueness criminal-procedure criminal-procedure-article-38.41 due-process fair-trial fourteenth-amendment indefiniteness sixth-amendment vagueness Whether the Texas Court of Criminal Appeals' recent holdings regarding the construction and application of Texas Code of Criminal Procedure Article 38…
19-7401 Dumisai H. Hockaday v. Helene Christner, et al. Tenth Circuit 2020-01-24 Denied IFP administrative-regulations civil-procedure confrontation-clause constitutional-rights deliberate-indifference double-jeopardy due-process exhaustion-of-remedies grievance-process medical-care prison-conditions standing summary-judgment Whether the underlying activity of the United States Court of Appeals for the Tenth Circuit is ethical or not
19-7367 Adalberto Magana-Gonzalez v. United States Ninth Circuit 2020-01-22 Denied Response WaivedIFP border-patrol confrontation-clause drug-smuggling expert-testimony hearsay prejudicial-error sixth-amendment witness-testimony Whether the district court committed prejudicial error under the Sixth Amendment when it permitted a DEA agent to tell the jury what a Border Patrol a…
19-7376 Alice C. Trappler v. New York New York 2020-01-22 Denied Response WaivedIFP burden-of-proof confrontation-clause conspiracy criminal-defendant criminal-procedure due-process forfeiture hearsay hearsay-exception legal-insufficiency sixth-amendment waiver Whether the automatic waiver and permanent forfeiture of legal insufficiency claims due to trial counsel's failure to move to dismiss on those grounds…
19-7294 Mohammed Kwaning v. United States Fourth Circuit 2020-01-15 Denied Response WaivedIFP apprendi civil-rights confrontation-clause constitutional-rights due-process evidence fair-trial hearsay hearsay-testimony judicial-error jury-trial material-evidence preponderance-of-evidence sentencing sentencing-enhancement Whether the Government officials conduct violated Petitioner's constitutional rights?
19-7246 Keith Harris v. United States Third Circuit 2020-01-10 Denied Response WaivedIFP confrontation-clause crawford-rule crawford-v-washington cross-examination hearsay informants law-enforcement-testimony lay-opinion-testimony right-to-counsel sixth-amendment witness-testimony Whether the admission of law enforcement testimony that goes to whether a defendant was a participant in a conspiracy based on information provided by…
19-7228 Jerry Carter v. United States Eighth Circuit 2020-01-09 Denied Response WaivedRelisted (2)IFP chain-of-custody confidential-informant confrontation-clause criminal-procedure criminal-procedure-8th-amendment-confrontation-cla criminal-procedure-ineffective-assistance-of-couns eighth-circuit evidence harmless-error ineffective-assistance ineffective-assistance-of-counsel napue-violation strickland-standard Whether the Eighth Circuit erred in rejecting the Whether the Eighth Circuit Court of Appeals erred
19-7232 Francisco Argenis Parra v. Joe A. Lizarraga, Warden Ninth Circuit 2020-01-09 Denied IFP accomplice-statements-corroboration alibi-instruction bruton-v-united-states co-defendant-statements confrontation-clause due-process ineffective-assistance jury-instructions lesser-included-offenses self-defense sixth-amendment supplemental-credibility-instruction Did Trial Counsel Render Ineffective Assistance
19-7236 John Joseph DeBlase v. Alabama Alabama 2020-01-09 Denied IFP capital-case codefendant confrontation-clause constitutional-rights due-process jury-unanimity sixth-amendment waiver Do the Sixth Amendment and the Due Process Clause permit, in a capital case, the admission of statements of a nontestifying codefendant, acknowledged …
19-7208 Gbenga Benson Ogundele v. United States Fourth Circuit 2020-01-08 Denied Response WaivedIFP chapman-standard confrontation-clause due-process evidence fair-trial federal-rule-of-evidence federal-rules-of-evidence government-evidence sixth-amendment Whether voluminous amounts of substantive evidence containing prejudicial opinions of government agents held to be erroneously admitted under Federal …
19-7097 Juan Sanchez v. California California 2019-12-30 Denied IFP confrontation-clause criminal-procedure cross-examination due-process out-of-court-statements prior-testimony testimonial-statements trial-evidence witness-memory witness-testimony Whether a defendant in a criminal case is denied the opportunity for full and effective cross-examination in violation of the Confrontation Clause
19-7066 Evaristo Toscano v. Joe A. Lizarraga, Warden Ninth Circuit 2019-12-26 Denied IFP 6th-amendment confrontation-clause due-process effective-assistance-of-counsel evidence-tampering harmless-error judicial-bias prejudice-comments redacted-statement right-to-counsel right-to-present-defense sixth-amendment Whether a violation of petitioner's right granted by the Confrontation Clause of the United States Constitution was harmless beyond a reasonable doubt
19-7027 Patrick T. Hughes v. Pennsylvania Pennsylvania 2019-12-20 Denied Response WaivedIFP accomplice-liability confrontation-clause criminal-conspiracy criminal-homicide due-process eighth-amendment evidence reasonable-doubt Whether the evidence was sufficient to sustain a conviction of criminal homicide, criminal conspiracy to commit homicide
19-6971 Comfort Delando Roberts v. Texas Texas 2019-12-19 Denied Relisted (2)IFP confrontation-clause due-process fair-trial fifth-amendment impartial-jury ineffective-assistance presumption-of-innocence sixth-amendment Ineffective-assistance-of-counsel
19-7021 Otis Hunter and Deshawn Evans v. United States Seventh Circuit 2019-12-19 Denied IFP bias confrontation-clause criminal-procedure cross-examination jury-instructions jury-nullification mandatory-minimum nullification sentencing sixth-amendment witness-cooperation Whether the Sixth Amendment Confrontation Clause is violated
19-6956 Thomas H. Outland v. New Jersey New Jersey 2019-12-16 Denied IFP confrontation-clause credibility criminal-defendant criminal-procedure criminal-procedure-impeachment due-process evidence evidence-rules fair-trial impeachment jury-instructions prior-convictions right-to-present-a-defense Did the New Jersey state court endorse the use of N.J.R.E. 806 to impeach non-testifying criminal defendants with their prior convictions
19-6923 Adrian Alaniz v. Scott Frauenheim, Warden Ninth Circuit 2019-12-13 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-clause-violation due-process harmless-error hearsay hearsay-evidence justifiable-homicide manslaughter prejudice prosecutorial-misconduct second-amendment self-defense standard-of-review Whether the conceded admission of gang hearsay evidence in violation of the Confrontation Clause was prejudicial
19-6924 William D. Thomas v. Mark McCullick, Warden Sixth Circuit 2019-12-12 Denied Response WaivedIFP bail civil-procedure confrontation confrontation-clause criminal-procedure due-process eyewitness-identification identification indictment officer-activity police-conduct preliminary-hearing warrant-inquiry whether a state's failure to meet the reciprocal r Whether an identification resulting from a show-up confrontation during a preliminary hearing raised by prior police activity is sufficient to warrant…
19-6889 In Re Joel Law 2019-12-10 Denied IFP 18-usc-2422b 6th-amendment confrontation-clause confrontation-clause-6th-amendment,false-imprisonm constitutional-rights false-imprisonment habeas-corpus immediate-relief judicial-review section-2255 sixth-amendment Am I entitled to immediate relief from this Court, to protect myself and others similarily situated, from being falsely imprisoned pursuant to 18 U.S.…
19-6901 Alonso Barrera-Montes v. United States Eleventh Circuit 2019-12-10 Denied IFP appellate-review confrontation-clause criminal-procedure department-of-state due-process evidence evidence-admission hearsay hearsay-rule jurisdiction jury-trial Whether the court of appeals erred in upholding the admission of evidence that violated the hearsay rule and the defendant's confrontation rights
19-6871 Justin Vazquez v. United States Second Circuit 2019-12-05 GVR IFP 6th-amendment civil-rights conflict-of-interest confrontation-clause constitutional-rights due-process evidence-admission ineffective-assistance jury-selection professional-conduct sentencing speedy-trial trial-procedure Whether assigned counsel were ineffective in violation of the 6th Amendment
19-6660 Ronald Fay Schermerhorn, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-11-22 Denied IFP appellate-review confrontation-clause court-of-appeals due-process ex-post-facto fair-trial habeas-corpus statutory-law Question not identified.
19-6715 Brandon Lashon Ingram v. United States Fourth Circuit 2019-11-22 Denied Response WaivedIFP confrontation-clause evidentiary-hearing habeas-corpus habeas-corpus-review harmless-error harmless-error-analysis ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington Does Title 28 U.S.C. § 2255(b) automatically require an evidentiary hearing when an affidavit presented by a defendant alleging a breakdown in communi…
19-6685 Scott McLaughlin v. Anne L. Precythe, Director, Missouri Department of Corrections Eighth Circuit 2019-11-20 Denied IFP capital-case capital-cases capital-cases-habeas-corpus certificate-of-appealability certificates-of-appealability confrontation-clause eighth-circuit giles-v-california habeas-corpus pro-forma-denial procedural-due-process standard-of-review Whether the Eighth Circuit's pro forma practice of issuing unexplained blanket denials of COAs in capital habeas cases conflicts with 28 U.S.C. §2258 …
19-6676 Christopher G. Waguespack v. United States Fifth Circuit 2019-11-19 Denied Response WaivedIFP child-pornography computer-evidence computer-forensics confrontation-clause criminal-procedure cross-examination evidence law-enforcement sixth-amendment software-reliability Whether failing to call the law enforcement agent responsible for generating a computer report in the Government's case-in chief implicates the Sixth …
19-6503 Pedro Jorge Moreno-Garcia v. United States Fifth Circuit 2019-11-06 Denied Response WaivedIFP confrontation-clause deportation fifth-amendment fifth-circuit immigration supreme-court testimonial-hearsay warrant-of-removal Is an immigration officer's signature on a warrant of removal attesting that he witnessed the alien depart the United States testimonial hearsay subje…
19-6493 Theresa Gail Scanlan v. Washington Washington 2019-11-05 Denied Response WaivedIFP accuser confrontation-clause criminal-procedure medical-evidence medical-personnel police-interrogation police-involvement prosecutorial-purpose prosecutorial-use sixth-amendment testimonial testimonial-statements Are statements to medical personnel testimonial under the Confrontation Clause when the accuser is aware of their prosecutorial purpose?
19-6474 Christopher Andrew Tank v. Michigan Michigan 2019-11-01 Denied Response WaivedIFP confrontation-clause confrontation-clause-violation constitutional-rights constitutional-rights-violation criminal-procedure due-process dying-declaration prejudicial-effect sixth-amendment testimonial-dying-declarations testimonial-evidence Whether testimonial dying declarations violate the Confrontation Clause of the Sixth Amendment
19-6437 Lee E. Peyton v. California California 2019-10-31 Denied IFP confrontation-clause courtroom-protocol criminal-procedure due-process due-process-clause farretta-v-california fourteenth-amendment judicial-discretion pro-se pro-se-representation sixth-amendment Whether the Sixth and Fourteenth Amendments permit a trial court to deny a defendant's request to proceed pro se based on the judge's accusations of t…
19-6395 V. A. C. v. J. L. W. Texas 2019-10-28 Denied IFP civil-procedure confrontation-clause constitutional-challenge direct-appeal due-process effective-assistance-of-counsel ineffective-assistance parental-rights prejudice termination-of-parental-rights trial-court-discretion If it can be proven that the relied upon convictions in a Termination of Parental Rights action are unconstitutional and unreliable, does deference & …
19-6365 Deontae Travohn Davis v. Duncan MacLaren, Warden Sixth Circuit 2019-10-24 Denied IFP civil-rights confrontation-clause criminal-procedure cross-examination due-process expert-witness handwriting-expert perjury preliminary-examination Can this court extend expert witness needed beyond psychiatrist specialist, because courts refused offer handwriting expert to assist petitioner defen…
19-6381 Anthony Tyrone Brown v. Michigan Michigan 2019-10-24 Denied Response WaivedRelisted (2)IFP abuse-of-discretion compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel evidence evidence-suppression fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct sexual-activity-evidence witness-testimony Whether the petitioner's constitutional rights to a fair trial and effective assistance of counsel were violated
19-6322 Kelvin Miles v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-10-22 Denied Response WaivedIFP alleyne alleyne-vs-united-states apprendi confrontation confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-destruction fair-trial hearsay sentencing sentencing-enhancement sentencing-factors did-the-pre-trial-destruction-of-evidence-by-the-state-deny-the-petitioner-his-right-to-due-process-and-a-fair-trial
19-6303 Jeffrey Jason Cooper v. United States Eleventh Circuit 2019-10-18 Denied Response WaivedIFP confrontation-clause due-process evidence fifth-amendment hearsay sixth-amendment witness-testimony Whether the lower Courts erred in allowing multiple hearsay statements of five alleged witnesses and other non-testifying witnesses whom did not testi…
19-6294 Alexander Mattei v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2019-10-17 Denied Response WaivedIFP confrontation-clause criminal-procedure dna-evidence due-process evidence expert-testimony hearsay sixth-amendment surrogate-analyst testimonial-evidence testimonial-hearsay trial-procedure Whether there is ability to cross-examine a surrogate analyst at a jury trial who had used another's certified and testimonial DNA results ipse dixit,…
19-6179 Jesus Felix-Heras v. United States Ninth Circuit 2019-10-07 Denied Response WaivedIFP computer-forensics confrontation-clause criminal-procedure database-search evidence-admissibility expert-testimony fingerprint-analysis forensic-evidence search-algorithm sixth-amendment Whether admission of the results of a search of computer fingerprint database, which the record shows to be identical to fingerprint analysis done by …
19-6180 Dannie Joe Farnum v. Scott Frauenheim, Warden Ninth Circuit 2019-10-07 Denied IFP child-competency confrontation-clause due-process fair-trial hearsay prosecutorial-misconduct right-to-confrontation right-to-fair-trial Whether the trial court violated a defendant's right to due process by admitting the prior statements of a 4 year old child without any inquiry into t…
19-411 Rodney Reed v. Texas Texas 2019-09-26 Denied Amici (2)Relisted (8) brady-materiality brady-v-maryland confrontation-clause due-process exculpatory-evidence fifth-amendment materiality self-incrimination suppressed-evidence witness-testimony When assessing under the Brady materiality standard whether 'disclosure of the suppressed evidence to competent counsel would have made a different re…
19-6023 Jeffrey Guy Ringle v. Shane Jackson, Warden Sixth Circuit 2019-09-23 Denied Response WaivedIFP brady-v-maryland brady-violation confrontation-clause due-process false-testimony giglio-standard giglio-v-united-states habeas-corpus ineffective-assistance miranda-rights prejudice withholding-evidence Did the majority below err in applying this court's decision in Giglio v. United States to hold that Petitioner could not show prejudice, solely becau…
19-361 Renado Smith and Richard Delancy v. United States Eleventh Circuit 2019-09-18 Denied Amici (3) confrontation-clause criminal-evidence criminal-procedure custody-release deposition-testimony due-process good-faith-effort investigative-steps prosecutorial-misconduct prosecutorial-procedure sixth-amendment testimonial-statement unavailability witness-unavailability Whether the government makes a good-faith effort to obtain a witness's presence at trial
19-5975 Juan Jose Tull-Abreu v. United States First Circuit 2019-09-17 Denied Response WaivedIFP aggravated-identity-theft compulsory-process confrontation-clause conspiracy controlled-substances controlled-substances-act criminal-law criminal-procedure due-process fourteenth-amendment health-care-fraud identity-theft sixth-amendment Whether the petitioner participated in a conspiracy to commit health care fraud
19-5926 Refugio Quintanar v. United States Fifth Circuit 2019-09-13 Denied IFP burden-of-proof confrontation-clause criminal-procedure due-process presentence-report procedural-unreasonableness sentencing sentencing-guidelines timely-objection Whether the defendant has the burden to deny and discredit the factual allegations of a Presentence Report that increase his or her sentence?
19-5936 Cesar Rosario Lopez-Ramos v. Minnesota Minnesota 2019-09-13 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-procedure cross-examination foreign-language-interpreter police-interrogation sixth-amendment testimonial-statements translation-evidence Whether the Sixth Amendment's Confrontation Clause permits the prosecution to introduce testimonial statements in the form of an unidentified foreign …
19-5895 Lavar Eady v. Massachusetts Massachusetts 2019-09-10 Denied Response WaivedIFP chemical-composition confrontation-clause criminal-procedure due-process evidence expert-testimony forensic-evidence lab-testing substitute-analyst testimonial-hearsay truth-of-the-matter Whether the Confrontation Clause prohibits a substitute state analyst from testifying at trial as to the composition of a seized substance obtained as…
19-5857 Jonathan P. Flom v. United States Second Circuit 2019-09-06 Denied Response WaivedIFP acquittance civil-rights confrontation-clause constitutional-violation deliberation due-process fundamental-error government-misconduct material-disclosure sentence-enhancement vacatur Whether the Sense of Remized Plea Bargaining Acceptance provides exclusive Sixth Amendment right, requiring VACATUR
19-5806 John Bradham v. United States Eleventh Circuit 2019-09-04 Denied Response RequestedResponse WaivedRelisted (2)IFP confidential-informant confrontation-clause criminal-procedure drug-transaction due-process evidence evidence-admission sixth-amendment Whether the district court's erroneous admission of a video of an alleged drug-and-firearm transaction between the CI and the defendant violated the c…
19-5819 Arthur Rathburn v. United States Sixth Circuit 2019-09-04 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process evidence-standard evidentiary-issues fair-notice jury-instructions reasonable-doubt right-to-jury-trial right-to-present-defense sufficiency-of-evidence vagueness Whether the government failed to present sufficient evidence to support the convictions beyond a reasonable doubt
19-5796 Alfredo Beltran Leyva v. United States District of Columbia 2019-09-03 Denied Amici (1)Response WaivedIFP circuit-split confrontation-clause constitutional-review criminal-procedure due-process hearsay hearsay-evidence sentencing sentencing-review standard-of-review Whether the Court should require de novo review (or at a minimum, review for clear error) of sentencing fact-findings based entirely on uncorroborated…
19-5758 Peter J. Hanson v. Wisconsin Wisconsin 2019-08-29 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence hearsay out-of-court-statements sixth-amendment testimonial-evidence Whether out-of-court statements offered for purposes 'other than their truth' ever implicate the Sixth Amendment right to Confrontation?
19-5607 Felix Summers v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2019-08-23 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence right-to-counsel sixth-amendment Denial of Sixth Amendment right of confrontation
19-5667 John J. Blodgett v. Erin Gaffney, Superintendent, Old Colony Correctional Center First Circuit 2019-08-21 Denied Response WaivedIFP actual-innocence brady-issue brady-violation certificate-of-appealability co-defendant co-defendant-statements co-defendant-testimony confrontation-clause due-process first-circuit-court habeas-corpus Did the First Circuit err by refusing to entertain Blodgett's two meritorious issues, and shut out the possibility of certificate of appealability; wh…
19-5620 Damien Hyde v. Illinois Illinois 2019-08-16 Denied IFP 5th-amendment civil-rights coerced-statements confrontation-clause constitutional-rights criminal-evidence criminal-procedure due-process evidence non-defendant-witnesses substantive-evidence witness-testimony Whether the admission of coerced statements by non-defendant witnesses deprives a defendant of due process of law when used as substantive evidence of…
19-5481 Jomo Williams v. United States Second Circuit 2019-08-06 Denied Response WaivedIFP 5th-amendment 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence federal-rule-of-evidence fifth-amendment jury sixth-amendment Were Petitioner's Fifth and Sixth Amendment due process rights obliterated
19-159 Carlos Tapia v. New York New York 2019-08-02 Denied Response RequestedResponse WaivedRelisted (2) confrontation-clause criminal-procedure cross-examination due-process evidence memory-loss sixth-amendment testimonial-statement Whether a witness's total memory loss prevents him from testifying about his prior out-of-court testimonial statement, and whether the witness's mere …
19-5376 Alan Lewis Doering v. Wendy Kelley, Director, Arkansas Department of Correction, et al. Eighth Circuit 2019-07-30 Denied Response WaivedIFP 5th-amendment civil-procedure civil-rights due-process standing takings confrontation-clause criminal-procedure due-process evidence sixth-amendment sixth-circuit Whether the Sixth Circuit Court of Appeals erred in its interpretation of the Confrontation Clause of the Sixth Amendment
19-5340 Carl Prostell v. David Zook, Warden Fourth Circuit 2019-07-26 Denied Response WaivedIFP appeal confrontation-clause constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury post-conviction-relief reasonable-doubt sufficiency-of-evidence Whether the evidence was sufficient to find guilt beyond a reasonable doubt?
19-5300 Fremo Santana v. United States Third Circuit 2019-07-25 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination guideline-range ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-guidelines sentencing-proceedings Whether defense counsel's performance was constitutionally ineffective for erroneously miscalculating petitioner's guideline range which was the decid…
19-5238 Arthur Lopez v. The Irvine Company Apartment Communities, Inc., et al. Ninth Circuit 2019-07-19 Denied IFP civil-procedure civil-rights confrontation-clause constitutional-interpretation due-process fair-housing-act federal-jurisdiction federal-review jurisdiction legal-jurisdiction remedies standing state-court-jurisdiction state-law Whether the Plaintiff and the General Cable did B permitted to Pursue Relief from Violations of the Kou Hearing Act (1968) for Segregation and Hearing…
19-5256 Anthony J. Livingstone v. United States Armed Forces 2019-07-19 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-procedure discovery due-process military-justice military-rules-of-evidence prosecutorial-misconduct sixth-amendment special-victims-counsel Was the 6th Amendment right to confront witnesses violated due to a misapplication of MRE 412?
19-5178 Howard Lester v. Ohio Ohio 2019-07-15 Denied Response WaivedIFP confrontation-clause criminal-procedure essential-element expert-testimony firearms-examination fourth-amendment prosecutor-summation report-admission seizure substitute-analyst summation witness-testimony Whether the admission of a non-testifying firearms examiner's report and substitute analyst testimony violated the Confrontation Clause
19-5152 Daryll Keith Shumake v. Virginia Fourth Circuit 2019-07-11 Denied Response WaivedIFP civil-rights confrontation-clause constitutional-rights court-filing due-process evidence-suppression exculpatory-evidence hearsay ineffective-assistance-of-counsel legal-access legal-materials prison-litigation prisoner-rights prosecutorial-misconduct How did the law waive the petitioner's right to confrontation?
19-5136 Sha-Ron Haines v. United States Ninth Circuit 2019-07-10 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-defense criminal-procedure criminal-procedure-rights cross-examination due-process evidence evidence-rule-412 rape-shield rape-shield-law right-to-privacy victim-privacy Can the Government invoke Federal Rule of Evidence 412, the rape shield, over the objection of the victim, when doing so infringes upon a defendant's …
19-5051 Armando Duarte Islas, Jr. v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-07-03 Denied Response WaivedIFP actual-innocence arizona-jurisdiction civil-rights confrontation-clause due-process federal-agencies federal-jurisdiction federal-organization habeas-corpus Whether Arizona had jurisdiction over events that occurred wholly, and investigated exclusively by agencies under exclusive federal organization?
19-5062 Henry Lee Jones v. Tennessee Tennessee 2019-07-03 Denied IFP capital-punishment confrontation-clause due-process eighth-amendment fourteenth-amendment Hearsay sixth-amendment witness-testimony Did depriving the Petitioner of his ability to confront and cross-examination the key evidence at his capital trial violate the Sixth, Eighth, and Fou…
19-5065 Chester Ray Crank v. Charmaine Bracy, Warden Sixth Circuit 2019-07-03 Denied Response WaivedRelisted (2)IFP alibi-defense confrontation confrontation-clause conviction criminal-procedure due-process illegal-recordings ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence intoxication police-misconduct prejudicial-evidence Is a petitioner provided due process of law when he is convicted on evidence insufficient to sustain a conviction when said evidence was wholly based …
19-12 Kevin Sewell v. Maryland Maryland 2019-07-01 Denied Response Waived compelled-speech confrontation-clause due-process equal-protection fifth-amendment-self-incrimination first-amendment first-amendment-compelled-speech overbreadth self-incrimination sixth-amendment sixth-amendment-confrontation-clause Whether Maryland's law imposing a duty to report suspected child abuse or neglect on all persons in the State violates the First Amendment where it ma…
19-5006 Peter J. Rosato v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-07-01 Denied Response WaivedIFP civil-procedure civil-rights confrontation-clause confrontation-right constitutional-waiver criminal-procedure deposition deposition-testimony depositions due-process knowingly-intelligent-waiver right-to-be-present video-deposition waiver Does a waiver of a citizen's constitutional right have to appear on the record either written or orally in order to establish a knowing, intelligent, …
19-6 New York v. Jahmarley Jones New York 2019-06-28 Denied Response RequestedRelisted (2) confrontation-clause crawford-v-washington criminal-procedure gang-evidence police-investigation police-investigations sixth-amendment testimonial-evidence testimonial-statements Whether statements made by individuals during routine police investigations — prior to the commission of a specific crime, the identification of a sus…
18-9716 Andrew J. Hunter, Jr. v. Louisiana Louisiana 2019-06-19 Denied Response WaivedIFP compulsory-process confrontation-clause constitutional-provisions criminal-procedure defense-rights due-process fair-trial judicial-bias prosecutorial-misconduct right-to-counsel subpoena-power Whether the petitioner's constitutional rights were violated by the state court's favoritism toward the victim, denial of the defense's right to subpo…
18-9657 Joseph Howard Davis v. United States Fourth Circuit 2019-06-17 Denied Response WaivedIFP circuit-split confrontation-clause criminal-evidence criminal-procedure drug-dealer drug-distribution due-process evidence fourth-circuit hearsay informant methamphetamine-offense non-testifying-witness second-circuit Is an out-of-court statement by a non-testifying informant which identifies the defendant as a drug dealer hearsay?
18-9650 Shawn Pinson v. Texas Texas 2019-06-13 Denied IFP civil-rights confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment standing testimony When be Bate Krouingt, used Se benany, a was, bogan be
18-9534 Femi Alexander Mewase v. United States Fifth Circuit 2019-06-05 Denied Response WaivedIFP 18-usc-3553a confrontation-clause criminal-procedure criminal-procedure-jury-selection due-process federal-rules-of-evidence jury-selection sentencing Whether the Fifth Circuit erred by affirming the improper removal of Juror 20
18-9555 Kenneth Thomas v. Robert Marsh, Superintendent, State Correctional Institution at Benner Township Third Circuit 2019-06-05 Denied Response WaivedIFP autopsy-report confrontation-clause crawford-v-washington cross-examination fourteenth-amendment ineffective-assistance-of-counsel melendez-diaz-v-massachusetts sixth-amendment strickland-standard testimonial-evidence Whether the introduction of an autopsy report which was presented as substantive evidence but not testified to by its author violates the Sixth and Fo…
18-1506 Julian Martin v. United States Seventh Circuit 2019-06-03 Denied Response RequestedResponse WaivedRelisted (2) co-defendant-statement confrontation-clause criminal-procedure cross-examination due-process evidence fair-trial hearsay reliability-of-evidence right-to-confront-witnesses sixth-amendment Whether the District Court's express reliance on an out-of-court statement of a non-testifying co-defendant as a basis for finding the defendant guilt…
18A1253 Niraj Prabhakar Patel v. Connecticut Connecticut 2019-06-03 Presumed Complete co-conspirator-statement confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence Whether the Confrontation Clause permits the admission of an out-of-court inculpatory statement made by a non-testifying co-conspirator in a prison re…
18-9470 R. Jay Thompson v. Oklahoma Oklahoma 2019-05-29 Denied IFP confrontation-clause evidence hearsay hearsay-statements sane-nurse sexual-assault sixth-amendment testimonial testimonial-evidence Whether statements made to the SANE nurse are testimonial for Sixth Amendment purposes
18-9446 Davon Kelly Bennett v. United States Fourth Circuit 2019-05-28 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination custodial-interrogation daubert-standard due-process evidence expert-witness-testimony motion-to-suppress rule-404b sixth-amendment Whether the District Court deprived Petitioner of his right to confront witnesses
18-9414 Donald Stewart Royce v. Florida Florida 2019-05-24 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause criminal-procedure cross-examination due-process evidence impeachment law-enforcement witness witness-testimony Whether a trial court abuses its discretion, within the confines of procedural due process in the U.S. Constitution's 14th Amendment, by limiting cros…
18-9428 Robert L. Jenkins v. Pelicia E. Hall, Commissioner, Mississippi Department of Corrections, et al. Fifth Circuit 2019-05-24 Denied Response WaivedIFP appellate-jurisdiction bullcoming-v-new-mexico civil-rights confrontation-clause constitutional-rights crawford-v-washington criminal-procedure due-process evidence-law forensic-evidence judicial-review melendez-diaz-v-massachusetts testimonial-statements Whether the testimonial statements of witnesses about forensic testing may be admitted only where the declarant is unavailable, and only where the def…
18-9352 Donald C. Ridley v. United States Seventh Circuit 2019-05-20 Denied Response WaivedIFP aiding-abetting aiding-and-abetting Bullcoming-v-New-Mexico confrontation-clause Crawford-v-Washington due-process griffin-v-united-states ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions rosemond-v-united-states strickland-standard Strickland-v-Washington yates-v-united-states Does a lower Court's admission that a aiding and abetting jury instruction was erroneous in light of this Court decision in Rosemond v. United States,…
18-9298 Anthony Barry and Brian Cahill v. Massachusetts Massachusetts 2019-05-16 Denied Response WaivedIFP brady-violation confrontation-clause criminal-procedure due-process exculpatory-evidence exculpatory-information fundamental-fairness jury-trial post-conviction-evidence witness-testimony Whether intentional pre-trial withholding of exculpatory information violates the Confrontation Clause
18-9310 Roberto Nieto Cruz v. Texas Texas 2019-05-16 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process extraneous-evidence extraneous-offense-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard Whether the Court of Appeals erred in misapplying the Strickland standard and depriving the Appellant of his constitutional rights to due process and …
18-9268 Manuel Antonio Mejia Rivera v. Donna Kay McKinney, et al. Fifth Circuit 2019-05-15 Denied IFP confrontation-clause constitutional-rights due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel self-defense sixth-amendment void-conviction witness-testimony Whether the 5th Circuit erred in denying Mr. Rivera's procedural request for a Certificate of Appealability (COA) in violation of Supreme Court preced…
18-9281 Randy Burke v. Diane Prosper, Acting Warden, et al. Virgin Islands 2019-05-15 Denied IFP 6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure cross-examination double-jeopardy due-process evidence evidence-law expert-testimony ineffective-assistance jury-instructions right-to-confrontation trial-counsel Whether the counsel's failure to cross-examine the main witness Beatrice Lawrence constituted ineffective assistance of counsel
18-1421 Nassau County District Attorney's Office v. Mark Orlando Second Circuit 2019-05-14 Denied Response RequestedResponse WaivedRelisted (23) aedpa aedpa-deference bruton-v-united-states confrontation-clause constitutional-interpretation deferential-review habeas-corpus murder-conviction state-court-deference supreme-court-precedent teague-v-lane tennessee-v-street Whether the state court's admission of an accomplice's inculpatory statement, accompanied by limiting instructions, violated the Confrontation Clause
18-9263 Luis Felipe Valencia v. United States Eleventh Circuit 2019-05-14 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause constitutional-challenge criminal-law due-process international-law jurisdiction maritime-drug-law maritime-law minimum-contacts stateless-vessel vagueness void-for-vagueness Whether the MDLEA is unconstitutional due to lack of minimum-contacts requirement
18-9202 Edilberto Maso Diaz v. United States Fifth Circuit 2019-05-08 Denied Response WaivedIFP co-conspirator co-conspirator-testimony confrontation-clause conspiracy criminal-conviction criminal-procedure cumulative-error due-process evidence evidentiary-sufficiency fifth-circuit-review hearsay hearsay-evidence hearsay-statements jury-instructions standard-of-review trial-procedure Did the Fifth Circuit err by affirming the district court admission of hearsay statements made by an unindicted co-conspirator over the objection of A…
18-9205 Antonio Ballesteros v. United States Fifth Circuit 2019-05-08 Denied Response WaivedIFP confrontation-clause confrontation-clause-6th-amendment criminal-procedure importation machine-generated-data sentencing sentencing-guidelines sixth-amendment strict-liability Whether GPS Data prepared specifically for an ongoing investigation and culled from several databases is machine-generated data that implicates the Si…
18-9015 Diego Rodrigo Perea v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-04-26 Denied Response WaivedIFP certificate-of-appealability confrontation-clause constructive-denial criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment Was the State Court's rejection of the Petitioner's claim that he was constructively denied the assistance of counsel
18-8955 Gregory Butler v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-04-23 Denied IFP 14th-amendment 6th-amendment certificate-of-appealability confrontation-clause criminal-procedure cross-examination due-process evidence fourteenth-amendment jury-instructions other-crimes-evidence sixth-amendment trial-fairness witness-confrontation Whether the district court and the third circuit erred in refusing to issue a certificate of appealability
18-8894 Robert L. Mayfield v. United States Eighth Circuit 2019-04-18 Denied Response WaivedIFP admissibility co-conspirator co-conspirator-statements co-conspirators confrontation-clause criminal-procedure evidence evidence-rule hearsay hearsay-exception out-of-court-statements rule-801 rule-801(d)(2)(e) Whether admission of out-of-court statements made by Robert Mayfield's alleged co-conspirators violated the hearsay exception of Rule 801(d)(2)(E)
18-8902 Gustav Kloszewski v. United States Second Circuit 2019-04-18 Denied Response WaivedIFP confrontation-clause constitutional-interpretation Crawford-precedent crawford-v-washington criminal-procedure due-process evidence evidence-admissibility precedent sixth-amendment testimonial-statements Did the lower court fail to follow this Court's precedent in Crawford v. Washington, 541 U.S. 36 (2004)?
18-8862 Roderick White v. Louisiana Louisiana 2019-04-17 Denied Amici (4)Response RequestedResponse WaivedRelisted (3)IFP confrontation-clause constitutional-interpretation crawford-v-washington cross-examination due-process evidence memory-loss testimonial-hearsay united-states-v-owens Whether the rule of United States v. Owens, 484 U.S. 554 (1988), as used by courts to admit testimonial hearsay from witnesses not amenable to cross-e…
18-8869 Jesse Davenport, aka Draco John Flama v. United States Ninth Circuit 2019-04-17 Denied Response WaivedIFP child-pornography confrontation-clause conspiracy criminal-procedure due-process jury-trial plain-error shackling sufficiency-of-evidence Is shackling a defendant during his or her jury trial for no asserted or actual reason proper, and thus not even an 'error' under the plain error test…
18-8795 Luis Alberto Armendariz-Chavez v. United States Fifth Circuit 2019-04-11 Denied Response WaivedIFP confrontation-clause due-process fifth-circuit immigration immigration-law removal testimonial testimonial-evidence warrant warrant-of-removal Whether an immigration officer's warrant of removal is testimonial for purposes of the Confrontation Clause?
18-8751 William Len Rainey v. Texas Texas 2019-04-10 Denied IFP civil-rights confrontation-clause discovery due-process hearsay sentencing-enhancement sentencing-enhancements sexual-offenses Whether the Texas Code of Criminal Procedure Part 33.37 is unconstitutional as applied at trial on June 24, 2013, denying the petitioner basic Due Pro…
18-8644 Emanuel L. Finch, Sr. v. Bradley Graham, et al. Ninth Circuit 2019-04-01 Denied Response WaivedIFP confrontation-clause confrontation-clause,compulsory-process,miranda-ri consent-to-search constitutional-rights criminal-procedure due-process fair-trial materiality-of-false-testimony miranda-rights sixth-amendment sufficiency-of-evidence weight-of-evidence Whether the conduct complained of is a question of law
18-8591 Jose J. Salazar-Hernandez v. Texas Texas 2019-03-28 Denied IFP 14th-amendment child-sexual-assault confrontation-clause constitutional-violation criminal-procedure cross-examination due-process federal-habeas habeas-corpus newly-discovered-evidence post-conviction-relief prosecutorial-misconduct statute-of-limitations victim-testimony Whether the 'beyond a reasonable doubt' standard was reasonably and rationally applied when the alleged victim of child sexual assault testified they …
18-8557 Ignacio Ruiz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-03-26 Denied IFP civil-rights confrontation-clause criminal-procedure due-process evidence habeas-corpus ineffective-assistance-of-counsel sentencing Whether the court of appeals erred in denying petitioner's claim of ineffective assistance of counsel based on counsel's failure to object to the conf…
18-8564 Kelvin Wayne Heath v. Melinda K. Braman, Warden Sixth Circuit 2019-03-26 Denied Response WaivedIFP automatic-reversal compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel exculpatory-evidence fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct uniform-act-on-production-of-out-of-state-witnesse witness-tampering Whether the trial court erred in convicting the petitioner despite the lack of testimony from a key witness and the prosecutor's misconduct in handlin…
18-8571 Javier Pellecer v. California California 2019-03-26 Denied Response WaivedIFP confrontation-clause constitutional-rights cumulative-error due-process fair-trial gang-evidence impartial-jury ineffective-assistance-of-counsel Whether the cumulative effect of the errors discussed above deprived petitioner of due process of law and a fair trial by an impartial jury and requir…
18-8405 Mohammed Suleiman Roble v. United States District of Columbia 2019-03-15 Denied Response WaivedIFP confrontation-clause criminal-defense criminal-defense-attorney-ineffectiveness due-process exculpatory-evidence government-evidence ineffective-assistance pre-trial-proceedings reasonableness sixth-amendment strickland-v-washington Does Strickland v. Washington require the government's evidence to be weak to find a criminal defense attorney ineffective under the Sixth Amendment?
18-8418 Marvin Waddleton, III v. Bernadette Rodriguez, et al. Fifth Circuit 2019-03-13 Denied IFP civil-rights confrontation-clause constitutional-rights cross-examination due-process force-application good-faith qualified-immunity summary-judgment Whether the District Court erred in resolving the issue of qualified immunity without a trial to cross-examine witnesses on the application of force i…
18-1181 Tim Shoop, Warden v. Ahmad Fawzi Issa Sixth Circuit 2019-03-12 Denied Relisted (2) aedpa aedpa-standard confrontation-clause crawford-v-washington due-process federal-court-review habeas-corpus retroactivity sixth-amendment state-prisoner-rights supreme-court-precedent Whether a state prisoner's conviction is constitutional under current Supreme Court precedent, even if it violated now-overruled precedent at the time…
18-8379 John Anthony Dobbs v. Texas Texas 2019-03-11 Denied IFP civil-rights confrontation-clause constitutional-interpretation crawford-standard crawford-v-washington due-process evidence forensic-evidence medical-examination medical-forensic medical-forensic-purpose sane-nurse sane-nurse-examination testimonial-statement testimonial-statements Whether statements obtained during a 'sane nurse' examination have become 'testimonial' for purposes of the Confrontation Clause under Crawford v. Was…
18-8189 Martin Tovar v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility Seventh Circuit 2019-02-28 Denied Response WaivedIFP confrontation confrontation-clause constitutional-rights due-process evidentiary-hearing federal-precedent habeas-corpus habeas-corpus-petition ineffective-assistance ineffective-assistance-of-counsel post-conviction Whether the Indiana Southern District Court erred in ruling Petition for Writ of Habeas Corpus was time barred and the Seventh Circuit Court of Appeal…
18-8111 Rossahn Black v. United States Sixth Circuit 2019-02-22 Denied Response WaivedIFP bullcoming confrontation confrontation-clause evidence-admissibility expert-witness forensic-evidence forensic-testimony melendez-diaz melendez-diaz-precedent ninth-circuit-interpretation sixth-amendment testimony Whether this Court's decision in Melendez-Diaz v. Massachusetts and Bullcoming v. New Mexico created a bright line rule excluding the testimony of an …
18-7944 Jerkeno Wallace v. United States Second Circuit 2019-02-13 Denied Response WaivedIFP confrontation-clause criminal-procedure defendant-rights due-process evidence judicial-discretion non-testifying-defendant remorse remorse-consideration right-to-silence sentencing sentencing-error Was there an error by the court at sentencing when court considered observations of the non-testifying defendant as basis of proving no remorse
18-7917 Najee Sharif Wilkins v. Michigan Michigan 2019-02-12 Denied IFP confrontation-clause cross-examination eighth-amendment juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana parole-eligibility witness-testimony Does Petitioner's sentence violate the Eighth Amendment?
18-7770 Michael Paul Bradley v. Georgia Georgia 2019-02-07 Denied Response WaivedIFP appeals confrontation-clause constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdiction right-to-counsel sixth-amendment Whether the Petitioner's conviction should be overturned due to procedural errors in the trial court
18-7846 Reginald Hough v. United States Sixth Circuit 2019-02-07 Denied Response WaivedIFP 4th-amendment confrontation-clause evidence expert-testimony fifth-amendment lay-witness police-procedure probable-cause search-warrant totality-of-circumstances Was there probable cause for the search warrant?
18-7782 James E. Mason, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2019-02-06 Denied IFP batson-challenge batson-challenges burden-of-proof confrontation confrontation-clause constitutional-rights criminal-procedure due-process impeached-testimony ineffective-assistance-of-counsel ineffective-counsel insufficient-evidence jury-instructions jury-selection race-neutral-challenges Whether the State obtained Mr. Mason's conviction with insufficient evidence
18-7734 Joe Willie Cannon v. Iowa District Court, Des Moines County Iowa 2019-02-04 Denied Response WaivedIFP 14th-amendment 5th-amendment 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment Did the State of Iowa violate the petitioner's 5th, 6th, & 14th Amendment confrontation and due process rights to be present during a critical stage o…
18-7634 Lincoln E. Fox v. Neil Turner, Warden Sixth Circuit 2019-01-29 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure due-process evidence evidentiary-error fair-trial ineffective-assistance ineffective-assistance-of-counsel victim-testimony witness-testimony Whether the trial court's admission of a videotaped statement of the victim violated the defendant's right to a fair trial
18-7505 Demian Pina v. United States Sixth Circuit 2019-01-24 Denied Response WaivedRelisted (2)IFP confrontation-clause daubert due-process ecpa ecpa-violation electronic-surveillance evidence-admissibility fourth-amendment kyllo search-and-seizure speedy-trial Does the use of computer/internet surveillance technology violate the defendant's Fourth Amendment rights?
18-7553 Elmos D. Hopkins v. Robert Dooley, Warden, et al. Eighth Circuit 2019-01-24 Denied IFP civil-rights confession confrontation-clause criminal-procedure due-process evidence ineffective-assistance-of-counsel jury jury-instructions right-to-counsel witness Whether a defendant can be convicted by a jury when two key witnesses (owners of the home) were not allowed to testify
18-7533 Shawn Canada v. Eddie Miles, Warden Eighth Circuit 2019-01-23 Denied IFP civil-rights confrontation-clause cruel-and-unusual-punishment double-jeopardy due-process habeas-corpus ineffective-assistance plea-bargaining sentencing Did Canada receive effective assistance of counsel?
18-7512 Ronald Jackson v. Illinois Illinois 2019-01-22 Denied Response WaivedIFP civil-rights compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process evidentiary-ruling ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-fair-trial sixth-amendment state-court subjective-intent Whether counsel provided ineffective assistance by failing to adequately investigate and present exculpatory evidence
18-7480 Karreem Tislam Jabar Wiley v. Larry Cartledge, Warden Fourth Circuit 2019-01-17 Denied Response WaivedIFP 6th-amendment compulsory-process confrontation-clause criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel right-to-counsel Did Trial Defense Counsel violate the Petitioner's 6th Amendment rights?
18-7416 Javier Solis v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2019-01-15 Denied IFP confrontation-clause crawford-precedent crawford-v-washington hearsay hearsay-exception jury-instructions jury-interpretation police-testimony sixth-amendment testimonial-evidence truth-of-the-matter-asserted Whether 'testimonial' or 'non-testimonial' should be the only factor in deciding whether Crawford's protection should apply
18-7402 Robert Shapiro v. United States Federal Circuit 2019-01-14 Denied Response WaivedIFP 6th-amendment compulsory-process confrontation-clause criminal-procedure due-process jury-trial public-trial right-to-counsel speedy-trial What is the meaning of the Sixth Amendment's guarantee of the right to a criminal prosecution, including the right to a speedy and public trial, by an…
18-7322 Robert R. Yerton, Jr. v. Jason Bryant, Warden Tenth Circuit 2019-01-09 Denied Relisted (2)IFP appeal confrontation-clause criminal-appeal criminal-procedure due-process expert-witness federal-appeal indigent-defense sixth-amendment tenth-circuit Whether the Tenth Circuit Court erred in holding that the District Court of Tulsa County's refusal to permit a unique expert defense witness to presen…
18-7271 Richard Steven Johnson, Jr. v. Neil McDowell, Warden Ninth Circuit 2019-01-07 Denied IFP confrontation-clause coy-v-iowa criminal-procedure cross-examination due-process fundamental-rights maryland-v-craig witness-testimony Whether the Ninth Circuit Court of Appeals violated petitioner's fundamental rights by ruling that the California Courts reasonably applied this Court…
18-7179 Trevelle J. Taylor v. Nebraska Nebraska 2018-12-27 Denied IFP 4th-amendment arrest-standards civil-rights confrontation-clause criminal-procedure due-process probable-cause reasonable-suspicion search witness-testimony Whether a person's mere proximity to others independently suspected of criminal activity, without more, gives rise to probable cause to search that pe…
18-7146 Jonathan Samuel Sage v. Washington Washington 2018-12-21 Denied IFP confrontation confrontation-clause cross-examination double-jeopardy double-jeopardy-clause due-process evidence-restriction judicial-review jury-instructions multiple-convictions same-crime same-person-same-time separate-and-distinct-conduct uncharged-misconduct witness-credibility Should this Court grant review where Washington State's published Court of Appeals decision affirmed these multiple convictions despite ambiguous and …
18-7165 Drakile Leroy Jones v. Michigan Michigan 2018-12-21 Denied IFP confrontation-clause crawford-precedent crawford-v-washington criminal-procedure due-process evidence michigan-supreme-court sixth-amendment standing state-court-appeal supervisory-power williamson-v-united-states Whether the decision of the Michigan Court of Appeals conflicts with Crawford v. Washington?
18-7010 Jermaine Mitchell v. United States First Circuit 2018-12-12 Denied Response WaivedIFP confrontation-clause expert-testimony expert-witness forensic-evidence lab-reports law-enforcement-testimony lay-testimony narcotics narcotics-testimony scientific-evidence sixth-amendment testimonial-evidence Whether law enforcement (lay) testimonies about the narcotics character of certain substances may be shined with the expert testimonial gloss of unpro…
18-6988 Donald Sanders v. Domingo Uribe, Jr., Warden Ninth Circuit 2018-12-11 Denied Response WaivedIFP confrontation confrontation-clause cross-examination due-process eyewitness eyewitness-testimony federal-proceedings fundamental-fairness ninth-circuit state-court state-court-proceedings Whether the Ninth Circuit clearly erred in its decision that the state court reasonably concluded that Petitioner's right to confrontation was not vio…
18-6954 Steven Scott Wells v. California California 2018-12-07 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidentiary-standards expert-testimony fingerprint-analysis fingerprint-evidence forensic-evidence judicial-review scientific-methodology Does a fingerprint expert's testimony that two fingerprints 'match' have any evidentiary value if the expert provides no explanation for that conclusi…
18-6909 Albert Andrew Lucero v. Kim Holland, Warden Ninth Circuit 2018-12-04 Denied Response WaivedIFP bruton-rule bruton-v-united-states co-defendant confrontation-clause confrontation-clause-rights crawford-analysis crawford-v-washington harmless-error joint-trial sixth-amendment testimonial-statement Was the California Court of Appeal's decision contrary to, or an unreasonable application of, this Court's jurisprudence holding that the Sixth Amendm…
18-6885 Stephen Anthony Marquez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-11-30 Denied IFP business-records confrontation-clause constitutional-amendments crawford-v-washington criminal-procedure due-process fourteenth-amendment medical-records sixth-amendment Does Due Process to cross-examine still apply in all criminal cases?
18-6827 Eric Williams v. New York New York 2018-11-27 Denied Response WaivedIFP barber-v-page confrontation-clause criminal-procedure deportation good-faith-effort significant-public-benefit-parole sixth-amendment unavailability witness-testimony Whether prosecutors may dispense with the Confrontation Clause of the Sixth Amendment, and may be relieved of the obligation recognized in Barber v. P…
18-6845 Edward Mitchell v. Lawrence Mahally, Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2018-11-27 Denied Response RequestedResponse WaivedRelisted (2)IFP clearly-established-law confrontation-clause constitutional-law crawford-v-washington criminal-procedure cross-examination due-process greene-v-fisher habeas habeas-corpus habeas-statute retroactivity Whether the habeas statute can be reinterpreted to allow application of a later Supreme Court decision to deny relief that would otherwise obtain base…
18-6804 Shane Roach v. United States Tenth Circuit 2018-11-26 Denied Response WaivedIFP appellate-review circuit-conflict confrontation-clause criminal-procedure cross-examination due-process legal-objection preservation-of-error sixth-amendment standard-of-review Does a defendant preserve a confrontation issue for review by clearly articulating Confrontation Clause concerns as the basis for his objection withou…
18-687 Auriel Devon Frett v. Territory of the Virgin Islands Virgin Islands 2018-11-26 Denied chambers-v-mississippi co-defendant-testimony confrontation confrontation-clause criminal-procedure cross-examination cumulative-error-doctrine due-process jury-instructions sentencing sixth-amendment Whether the instruction to not consider the specific length of sentence a testifying co-defendant faced absent cooperation violates a defendant's sixt…
18-6791 Benjamin Bland v. United States Fourth Circuit 2018-11-23 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination evidence evidence-admissibility government-evidence harmless-error hearsay sixth-amendment social-security-administration trial-procedure Whether petitioner's Sixth Amendment right to confront witnesses was violated
18-6786 Curtis J. Hill v. Joe A. Lizarraga, Warden Ninth Circuit 2018-11-21 Denied IFP cause-of-death confrontation-clause due-process evidence expert-reports expert-testimony habeas-corpus medical-evidence pro-se pro-se-filing unreasonable-determination unreasonable-factual-findings Whether the California Court of Appeal unreasonably determined the facts critical to a Confrontation Clause analysis of the introduction of a non-test…
18-6750 Rita Pultro v. Pennsylvania Pennsylvania 2018-11-20 Denied Response RequestedRelisted (2)IFP codefendant codefendant-confession confession confrontation-clause criminal-procedure due-process evidence evidence-admission hearsay redaction sixth-amendment Should a court look beyond the four corners of a nontestitying codefendant's confession to determine if introduction of the confession violates the Co…
18-6724 Roger Lee Ozier v. Shirlee Harry, Warden Sixth Circuit 2018-11-19 Denied Response WaivedIFP appellate-review armed-robbery bank-robbery confrontation-clause criminal-procedure cross-examination eyewitness-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause sixth-amendment Was the evidence sufficient to sustain Mr. Ozier's conviction for armed robbery and bank robbery?
18-6725 Charles Wayne Bussell v. Kentucky Kentucky 2018-11-16 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process impeachment impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-hearing post-conviction-relief postconviction-hearing sixth-amendment tainted-testimony trial-strategy witness-testimony Was defense counsel ineffective in the re-trial when he failed to object to the introduction of the tainted testimony from the first trial and when he…
18-6666 Oscar Sosa v. United States Fifth Circuit 2018-11-14 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure drug-trafficking due-process expert-testimony plain-error-review prosecutorial-misconduct sixth-amendment witness-credibility Whether a federal agent's testimony about an out-of-court agent's report of drug trafficking by an unindicted coconspirator violates the Confrontation…
18-6703 David Richard Trimble v. Darrel Vannoy, Warden Fifth Circuit 2018-11-14 Denied Response WaivedIFP aggravated-rape Confrontation-Clause criminal-procedure cross-examination due-process fourteenth-amendment ineffective-assistance Ineffective-assistance-of-counsel jackson-v-virginia sixth-amendment Statute-of-limitations sufficiency-of-evidence Whether the evidence was insufficient to find David Trimble guilty of four counts of Aggravated Rape beyond a reasonable doubt
18-6655 Andrew John Miller v. Duncan MacLaren, Warden Sixth Circuit 2018-11-13 Denied IFP 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process evidence preliminary-examination right-to-counsel sixth-amendment witness-testimony Whether the admission of a Preliminary Examination transcript violated the Petitioner-Appellant's 6th Amendment right to confront the witness
18-6679 Donate Graham v. Illinois Illinois 2018-11-13 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause conspiracy-liability criminal-procedure due-process forfeiture forfeiture-by-wrongdoing forfeiture-doctrine giles-v-california intent witness-procurement Whether the forfeiture-by-wrongdoing exception to the Confrontation Clause encompasses acts of wrongful witness procurement done by alleged co-conspir…
18-6597 Jazsmine Arielle Joseph v. United States Fifth Circuit 2018-11-08 Denied Response WaivedIFP burden-of-proof child-trafficking confrontation-clause confrontation-rights conspiracy conspiracy-charge domestic-violence expert-testimony sex-trafficking Did the lower court err in its decision regarding the requirements to prove a conspiracy charge in the sex trafficking of a child count?
18-6616 Maria I. Sanutti-Spencer v. Pennsylvania Pennsylvania 2018-11-08 Denied Response WaivedIFP confrontation-clause criminal-motive criminal-procedure decedent's-drug-addiction decedent's-drug-dealing decedent's-motive decedent's-physical-abuse defendant's-health-issues due-process evidence evidence-exclusion lay-opinion-testimony right-to-complete-defense right-to-present-defense trial-procedure witness-testimony Does excluding evidence of another's motive, of the decedent's drug addiction, drug dealing, his physical abuse of the defendant and the defendant's s…
18-6629 William Randolph Harloff v. Craig Koenig, Warden Ninth Circuit 2018-11-08 Denied Response WaivedIFP chapman-harmless-error confrontation-clause constitutional-rights courtroom-presence criminal-procedure due-process harmless-error prejudice right-to-be-present witness-credibility witness-testimony Whether the state court applied Chapman v. California, 386 U.S. 18 (1967) in an objectively unreasonable manner or made an unreasonable determination …
18-6637 Harold E. Grist, Jr. v. Terema Carlin, Warden Ninth Circuit 2018-11-08 Denied Response WaivedIFP 6th-amendment certificate-of-appealability confrontation-clause credibility due-process effective-assistance-of-counsel juror-misconduct jury-trial self-incrimination truthfulness Whether the Petitioner had a constitutional right to confront his accusers at trial and impeach them before a jury to challenge their credibility and …
18-6577 Ernesto Wilfredo Solano Godoy v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2018-11-07 Denied IFP confrontation-clause due-process fourth-circuit-review habeas-corpus ineffective-assistance-of-counsel phone-records strickland strickland-standard strickland-test sufficiency-of-evidence witness-testimony Ineffective-assistance-of-counsel
18-6475 Lewis Wright v. Pennsylvania Pennsylvania 2018-10-29 Denied Response WaivedIFP brady-violation confrontation-clause criminal-procedure cross-examination cross-examination-rights due-process evidence-disclosure fourteenth-amendment parole perjury prosecutorial-misconduct sixth-amendment witness-bias Whether the court of common pleas erred in limiting Mr. Stein's ability to establish witness Joseph Farley's bias
18-6438 Oscar Kenneth Moreno v. Alana Butler California 2018-10-26 Denied IFP confrontation-clause dna-evidence dna-testing due-process expert-testimony fourteenth-amendment remand scientific-evidence sentencing sixth-amendment Whether the petitioner's Sixth and Fourteenth Amendment rights to confront and cross-examine his accusers were violated
18-6355 Christian Dominique Scott v. United States Fifth Circuit 2018-10-17 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence parole revocation sentencing supervised-release Whether supervised release revocation defendants enjoy a limited right of cross-examination
18-6304 Alex Lenard McCoy v. United States Fourth Circuit 2018-10-12 Denied Response WaivedIFP 5th-amendment 6th-amendment article-iii confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment plea-agreement plea-bargaining rule-11 self-incrimination sixth-amendment speedy-trial Whether the Defendant's rights under Article III, Section 2, Fifth Amendment, Sixth Amendment were violated when the Defendant is induced to enter a p…
18-6278 John Martin, Sr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-10 Denied IFP confrontation-clause constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel sixth-amendment speedy-trial unreasonable-determination-of-facts Where the constitutional issues raised was to the degree that should have been debatable among jurist of reason, and were not lacking any factual basi…
18-6176 Michael Lucero v. California California 2018-10-02 Denied IFP 6th-amendment confrontation-clause constitutional-rights criminal-evidence criminal-procedure domestic-violence due-process evidence fourteenth-amendment prior-acts propensity propensity-evidence Whether the admission of prior acts of domestic violence to establish the petitioner's propensity to commit such crimes violated his right to due proc…
18-6183 Reginald Lynch v. Hilton Hall, Jr., Warden, et al. Eleventh Circuit 2018-10-02 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure davis-v-washington dying-declaration hearsay ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington Does petitioner receive ineffective assistance of counsel when trial counsel fails to object to testimony from a witness repeating the statements of a…
18-6148 Atul Nanda v. United States Fifth Circuit 2018-10-01 Denied Response WaivedIFP Brady-Doctrine brady-rule brady-v-maryland confrontation-clause due-process fifth-amendment Giglio-Doctrine giglio-rule giglio-v-united-states new-trial plea-agreement Plea-Agreements plea-bargaining sixth-amendment witness-testimony Are the defendants' constitutional rights under the sixth and fifth amendments violated when the government fails to fully disclose plea agreement ter…
18-6159 Charlise Williams v. United States Seventh Circuit 2018-10-01 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence loss-calculation sentencing sixth-amendment victim-count Was the Petitioners Sixth Amendment right, under the Confrontation Clause violated?
18-6060 James Chavez v. Robert LeGrand, Warden, et al. Ninth Circuit 2018-09-20 Denied Response WaivedIFP confrontation-clause crawford-precedent crawford-v-washington cross-examination hearsay-exception preliminary-hearing sixth-amendment testimonial-statements witness-unavailability Whether a prosecution can admit prior testimonial statements, including a video-taped interview, of a witness that died prior to trial and where defen…
18-5910 Curtis Dee Packard v. Barry Goodrich, Warden, et al. Tenth Circuit 2018-09-07 Denied Response WaivedIFP 6th-amendment assistance-of-counsel confrontation-clause criminal-procedure due-process ineffective-assistance pro-se-representation public-defender right-to-counsel self-representation sixth-amendment trial-court withdrawal-of-counsel Whether both the trial court and the State's Public Defender''s Office invited error and erroneously denied the Petitioner his 6th Amendment rights to…
18-5904 Donavan Cross v. United States Eighth Circuit 2018-09-06 Denied Response WaivedIFP confrontation-clause constructive-delivery constructive-possession controlled-substance-offense controlled-substances criminal-law criminal-procedure drug-delivery due-process intent sentencing sentencing-guidelines testimonial-evidence Whether a statute that criminalizes a constructive delivery of drugs without bona fide intent to transfer possession is a felony 'controlled substance…
18-5896 Beverly Allen Baker v. United States Fourth Circuit 2018-09-05 Denied Response WaivedRelisted (2)IFP appellate-procedure civil-rights confrontation-clause conspiracy criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel multiple-conspiracies sentencing sentencing-guidelines sixth-amendment Whether the government committed a Kotteakos violation by using evidence of multiple conspiracies to support an indictment for a single conspiracy
18-5822 Charles O. Keene v. Illinois Illinois 2018-08-29 Denied Response WaivedIFP confrontation-clause criminal-procedure dna-exonerations due-process eyewitness-identification judicial-integrity scientific-evidence scientific-research state-court-rulings state-court-split Whether the Biggers test for determining the reliability of eyewitness identification evidence remains valid in light of scientific research demonstra…
18-5778 Jon Duke DePriest v. Pam Bondi, Attorney General of Florida, et al. Eleventh Circuit 2018-08-27 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure due-process habeas-corpus hearsay sixth-amendment testimonial-hearsay Whether petitioner's Sixth Amendment right to confront witnesses against him were violated
18-5714 Jose A. Rivera-Quinones v. Pennsylvania Third Circuit 2018-08-23 Denied IFP abuse-of-process confrontation-clause constitutional-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process fourteenth-amendment prejudicial-evidence sentencing sixth-amendment subject-matter-jurisdiction Whether a trial court can possess subject matter jurisdiction on a criminal offense not charged within the indictment/criminal information
18-5726 Ruben Cazares v. Texas Texas 2018-08-23 Denied IFP accomplice-statements bruton-error bruton-evidence bruton-v-united-states confrontation-clause crawford crawford-v-washington criminal-procedure evidence-admissibility harmless-error prejudice prejudicial-evidence separate-trials special-prejudice trial-procedure Whether lower courts correctly evaluate the harmfulness of Bruton error without accounting for the devastating 'special prejudice' to the accused that…
18-221 Carl Mouton v. Arkansas Arkansas 2018-08-21 Denied Response Waived compulsory-process confrontation-clause constitutional-right-to-defense criminal-procedure due-process evidence rape-shield rape-shield-law rape-shield-rule right-to-present-defense sexual-conduct-evidence Whether application of the Arkansas rape shield rule and statute to prevent Mouton from presenting evidence of a sexual relationship between the accus…
18-5639 Daniel Castleman, aka Chingachgook v. United States Eleventh Circuit 2018-08-17 Denied Response WaivedIFP best-evidence-rule brady-violation confrontation-clause documentary-evidence due-process evidence evidence-certification federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct Did the government commit prosecutorial misconduct and was counsel ineffective for failing to object or move to exclude GX-DC-2
18-5581 George Jenewicz v. New Jersey New Jersey 2018-08-14 Denied IFP 14th-amendment 6th-amendment civil-rights compulsory-process confrontation-clause criminal-procedure cross-examination due-process hearsay Was the petitioner denied the right of cross-examination and due process under the 6th and 14th amendments?
18-5545 Carlos David Lopez v. California California 2018-08-10 Denied Response WaivedIFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel mental-health-records plea-bargaining right-to-compulsory-process right-to-confrontation right-to-counsel sixth-amendment Does a trial court's refusal to review privileged mental health records of the complaining witness violate the defendant's Sixth Amendment rights?
18-5502 Susan Joy Jacobson v. Arizona Arizona 2018-08-09 Denied IFP compulsory-process confrontation-clause due-process expert-testimony ptsd ptsd-diagnosis self-defense sixth-amendment Whether preclusion of an accused citizen's PTSD diagnosis, proffered to support her self-defense claim, unconstitutionally impinges on her Due Process…
18-5534 Juan Carrasquilla-Lombada, et al. v. United States Eleventh Circuit 2018-08-09 Denied IFP confrontation-clause jurisdiction jury-trial maritime-drug-law maritime-drug-law-enforcement-act pre-trial-hearing sixth-amendment statutory-interpretation testimonial-evidence Whether the Maritime Drug Law Enforcement Act violates the Sixth Amendment by precluding the jury from determining jurisdiction and allowing the gover…
18-5453 Mark Elliott v. Carmen Denise Palmer, Warden Sixth Circuit 2018-08-06 Denied Response WaivedRelisted (2)IFP brady-v-maryland brady-violation confrontation-clause due-process due-process-brady-v-maryland favorable-to-accused hearsay-testimony ineffective-assistance ineffective-assistance-of-counsel material-evidence prosecutorial-misconduct remand-for-coa right-to-confrontation sixth-amendment whether-under-brady-and-its-progeny-the-prosecution's-intentional-nondisclosure-of-petitioner's-requested-911-audio-recordings-requires-his-conviction…
18-5470 Jeremy J. Bohlman v. United States Ninth Circuit 2018-08-06 Denied Response WaivedIFP compulsory-process compulsory-process-clause confrontation-clause criminal-evidence due-process due-process-clause evidence fed-rule-evidence-412 federal-rules-of-evidence-412 rape-allegations rape-shield-law sexual-assault sexual-behavior subsequent-behavior-evidence Whether Fed.R.Evid 412 bars a defendant from introducing evidence showing that the alleged victim engaged in subsequent sexual acts inconsistent with …
18-5458 Kevin Taylor v. Darrel Vannoy, Warden Fifth Circuit 2018-08-03 Denied Response WaivedIFP cause-and-prejudice comity compulsory-process confrontation-clause due-process effective-assistance-of-counsel fundamental-fairness ineffective-assistance-of-counsel sixth-amendment Whether Mr. Taylor's Sixth Amendment right to confront and cross-examine his accusers was violated when he was denied Compulsory Process
18-5438 Ulriste Tulin v. United States Fourth Circuit 2018-08-02 Denied Response WaivedIFP burden-of-proof confrontation-clause criminal-procedure due-process evidence-reliability federal-rules-of-evidence kidnapping new-trial out-of-court-identification suggestive-procedure witness-identification Is an out-of-court identification of a defendant unduly suggestive and unreliable?
18-5407 Mladen Mitrovic v. United States Eleventh Circuit 2018-08-01 Denied Response WaivedIFP administrative-law civil-procedure confrontation-clause due-process equal-protection federal-rules-of-evidence hearsay right-to-present-defense standing statutory-interpretation witness-unavailability Whether the district court erred in excluding exculpatory witness statements under the Confrontation Clause and Federal Rule of Evidence 807 despite t…
18-5394 Casey Peebles v. United States Eighth Circuit 2018-07-30 Denied Response WaivedIFP coconspirator-statements confrontation-clause criminal-procedure due-process evidence evidence-rule fair-trial federal-rules-of-evidence hearsay hearsay-exception sixth-amendment Whether Inadi and Bourjaily adequately protect an accused's Fifth Amendment due process right to a fair trial and his Sixth Amendment right to confron…
18-5399 Joseph Andrew Perez v. California California 2018-07-30 Denied IFP autopsy-report autopsy-reports confrontation-clause crawford-standard crawford-v-washington criminal-procedure homicide-investigation homicide-investigations sixth-amendment testimonial testimonial-evidence Whether an autopsy report created as part of a homicide investigation, and asserting that the death was caused by homicide, is 'testimonial' under the…
18-5366 Ronald David Martin v. Tony Trierweiler, Warden Sixth Circuit 2018-07-26 Denied Relisted (2)IFP appeal confrontation-clause criminal-procedure evidence-admissibility ineffective-assistance ineffective-assistance-of-counsel motion-to-introduce-evidence rape-shield-statute right-to-present-defense trial-court-discretion Whether petitioner was deprived of his right to confront witnesses, his right to present a defense, and his right to the effective assistance of couns…
18-5347 Marquis D. Costic v. Illinois Illinois 2018-07-25 Denied IFP confrontation-clause constitutional-rights credibility cross-examination fifth-amendment jailhouse-informant jury-instructions prosecution-witness prosecutorial-misconduct sixth-amendment witness-disclosure Was my Sixth Amendment U.S. Constitutional Right, under the Confrontation Clause violated when the prosecution kept interrupting during cross-examinat…
18-5349 Tyron Young v. United States Eighth Circuit 2018-07-25 Denied Response WaivedIFP confrontation-clause confrontation-right cross-examination due-process government-informant hearsay out-of-court-allegations reliability sentencing sentencing-hearing sixth-amendment unsworn-testimony Whether the Sixth Amendment right to confront and cross-examine adverse witnesses applies at a sentencing hearing where the court bases the sentence o…
18-5331 Ralph Simon Jeremias v. Nevada Nevada 2018-07-24 Denied IFP aggravating-circumstances confrontation-clause constitutional-standard death-penalty due-process hurst-v-florida jury-finding jury-trial mitigating-circumstances ring-v-arizona Whether the Constitution requires that the finding that mitigating circumstances do not outweigh aggravating circumstances to impose death be made bey…
18-5301 Cahlan Clay v. United States Eighth Circuit 2018-07-20 Denied Response WaivedIFP compulsory-process confrontation-clause criminal-defense criminal-procedure cross-examination defendant-rights defense-strategy due-process evidence fair-trial judicial-discretion jury-instructions jury-trial trial-procedure witness-examination Whether a court may dictate the manner by which a defendant presents his case to the jury by forcing defense counsel to rely exclusively on the cross-…
18-5259 Olin Ray Nowlin v. Joe Shannon, Jr., et al. Fifth Circuit 2018-07-19 Denied IFP 6th-amendment compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process equal-protection legal-deprivation liberty-interest procedural-law state-jurisdiction Does the 6th Amendment guarantee the right to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, …
18-5281 Vincent Craig Mosley v. United States Fourth Circuit 2018-07-19 Denied Response WaivedIFP co-defendant compulsory-process confrontation-clause criminal-procedure criminal-trial drug-conspiracy due-process evidence evidence-admission plea-agreement plea-bargaining witness-testimony Whether a criminal defendant is entitled to see the plea agreements of non-testifying co-defendants and admit them into evidence
18-5189 Glenvert Green v. United States Third Circuit 2018-07-10 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process fifth-amendment hearsay hearsay-evidence sentencing sentencing-procedure sixth-amendment victim-impact-statement victim-impact-statements Whether the Sixth and Fifth Amendments provide a criminal defendant the right to cross-examine a government witness who testifies during a sentencing …
18-5173 Wilberth Medina Garcia v. United States Fifth Circuit 2018-07-09 Denied Response WaivedIFP confrontation-clause criminal-procedure deportation due-process evidence-law hearsay immigration immigration-law sixth-amendment testimonial-evidence testimonial-hearsay Whether an immigration officer's formalized statements relating the fact of an alien's removal constitute testimonial hearsay for the purposes of anal…
18-5148 Marcus Blalock v. Ohio Ohio 2018-07-06 Denied Response WaivedIFP actual-innocence appellate-review confrontation-clause due-process law-of-case law-of-the-case new-evidence new-trial newly-discovered-evidence prosecutorial-misconduct right-to-due-process Whether petitioner was denied his right to due process when the trial court failed to follow the law of the case doctrine from a previous appeal, deni…
18-5053 Andres A. Lopez-Martinez v. United States Eleventh Circuit 2018-06-29 Denied Response WaivedIFP compulsory-process confrontation-clause constitutional-right criminal-procedure defense-presentation due-process harmless-error judicial-review police-misconduct prosecutorial-misconduct right-to-present-defense structural-error Whether the denial of a defendant's constitutional right to present a defense should be considered structural error that is not subject to harmless er…
18-5015 Edwin Aponte v. Eric Tice, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2018-06-28 Denied Response WaivedIFP civil-rights confrontation-clause due-process habeas-corpus ineffective-assistance-of-counsel merits-review procedural-default prosecutorial-misconduct self-defense sixth-amendment state-appellate-procedure Was petitioner's prosecutorial misconduct claim procedurally defaulted for failing to present it in state appellate procedure when the highest state c…
18-5031 Jabbar Wallace v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2018-06-28 Denied Response WaivedIFP 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel ineffective-counsel murder-conviction self-defense self-defense-right sixth-amendment Whether the petitioner's conviction for third-degree murder should be overturned due to self-defense, violation of the Confrontation Clause, and ineff…
25A847 Charles Victor Thompson v. Texas Texas Denied autopsy-report capital-murder confrontation-clause medical-examiner sixth-amendment surrogate-testimony Question not identified.